Reg v Falconer

This matter concerned an application for costs made by the respondent, represented by Mr T. Chadwick, against the appellant in the High Court of Australia. The Crown, representing the respondent, made no submissions regarding the costs application at that time.

The primary legal issue before the Court was how to deal with the respondent's application for costs, particularly given the Crown's initial lack of submissions. The Court needed to determine the appropriate procedure for considering such an application when one party sought costs and the other did not wish to make immediate submissions.

Mason CJ indicated that the Court, as then constituted, was not in a position to immediately rule on the costs application. The Court directed that written submissions be filed by the respondent within seven days, with the Crown having a further seven days to file any submissions in reply. This procedure allowed for a considered determination of the costs application.