Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Patrick & Anor (No.3)

This matter concerned a dispute between the Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, and Patrick & Anor. The proceedings were heard in the Federal Circuit Court of Australia before Smith J.

The primary legal issue before the Court was the determination of costs following the resolution of the underlying 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 was entitled to an award of costs. The Court proceeded to calculate these costs in accordance with the relevant provisions of the Federal Circuit Court Rules 2001 (Cth). The Court's decision on costs was subsequently stayed pending an appeal to the Federal Court of Australia.