Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) v Rigney & Anor (No.5)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, was the applicant in proceedings against Rigney & Anor. The dispute concerned a costs order made by the Federal Circuit Court of Australia. The applicant sought to stay the operation of this costs order pending an appeal to the Federal Court of Australia.

The central legal issue before the court was whether the successful party, Rigney & Anor, should be awarded costs, and if so, how those costs should be calculated. Specifically, the court had to determine if the costs should be assessed by reference to Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth).

Smith J considered the principles governing the award of costs in federal litigation. The court acknowledged that costs generally follow the event, meaning the successful party is typically awarded their costs. However, the court also had to assess the specific circumstances of the case and the application for a stay. The court's reasoning would have involved an analysis of the merits of the appeal and the potential prejudice to the parties if the costs order were not stayed. The court ultimately determined that the costs order should be stayed pending the appeal.