Spiliotopoulos v Jackson (No 2)

In *Spiliotopoulos v Jackson (No 2)*, the Federal Circuit Court of Australia was asked to determine the applicable costs scale for a proceeding conducted under the *Bankruptcy Act 1966* (Cth). The dispute concerned the quantum of costs to be awarded following earlier proceedings between the parties.

The central legal issue before the Court was whether the costs of the bankruptcy proceeding should be assessed according to the Federal Circuit Court's general costs scale or a specific scale applicable to bankruptcy matters. This determination was crucial for establishing the appropriate basis for calculating the costs recoverable by the successful party.

Judge Cameron reasoned that the *Bankruptcy Act 1966* and the associated Rules contemplate that bankruptcy proceedings are to be conducted in accordance with the general rules of the court in which they are filed, unless specific provisions dictate otherwise. In the absence of any specific provision within the *Bankruptcy Act* or its Rules mandating a different costs scale for proceedings in the Federal Circuit Court, the Court concluded that the general costs scale of the Federal Circuit Court applied. The Court found that the intention of the legislation was for bankruptcy proceedings to be treated as ordinary civil litigation in terms of costs, unless expressly stated to the contrary.