Frost v Commonwealth of Australia (As Represented BY the Department of Infrastructure and Regional Development) (No.2)

This matter concerned a Commonwealth tenancy dispute between Mr. Frost and the Commonwealth of Australia, as represented by the Department of Infrastructure and Regional Development. 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 tenancy dispute. Specifically, the Court was required to consider whether the successful party should be awarded costs and, if so, how those costs should be calculated, referencing 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 in accordance with the relevant provisions of 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.