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

This matter concerned a dispute between the Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, and Uren & Ors. The proceedings were heard in the Federal Circuit Court of Australia before Smith J. The core of the dispute involved a Commonwealth tenancy matter, and the specific issue before the court was the determination of costs following the resolution of that dispute.

The primary legal issue before the court was whether the successful party, the Commonwealth, should be awarded its costs of the proceedings. In determining this, the court was required to consider the appropriate method for calculating those costs, specifically whether they should be calculated by reference to Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth). A further procedural aspect arose concerning a stay of any costs order pending a potential appeal to the Federal Court of Australia.

Smith J reasoned that the general rule that costs follow the event applied, meaning the successful party was entitled to an award of costs. The court determined that the calculation of these costs should indeed be made in accordance with the provisions of Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth). However, in light of the possibility of an appeal to the Federal Court of Australia, Smith J ordered that the operation of any costs order made in favour of the Commonwealth be stayed pending the outcome of any such appeal.