Commonwealth of Australia (As Represented By the Department of Infrastructure and Regional Development) v Stephens (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. Stephens.

The primary legal issue before the Court was the determination of costs following the determination of the substantive tenancy 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 also ordered that the costs order be stayed pending any appeal to the Federal Court of Australia.