Commonwealth of Australia (As Represented By the Department of Infrastructure and Regional Development) v Kenney (No.3)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, was the applicant in proceedings before Smith J of the Federal Circuit Court of Australia concerning a tenancy dispute. The respondent was Mr Kenney.

The primary legal issue before the Court was the determination of costs following the determination of the substantive dispute. Specifically, the Court was required to decide whether the successful party should be awarded costs and, if so, how those costs should be calculated, with reference to Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth).

Smith J determined that the successful party should be awarded costs. The Court proceeded to calculate these costs by applying the scale set out in Part 1 of Schedule 1 to the Federal Circuit Court Rules 2001 (Cth). The Court made orders for the costs to be paid by the applicant to the respondent.