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

In *Stephens v Commonwealth of Australia (As Represented By the Department of Infrastructure and Regional Development) (No.2)*, the Federal Circuit Court of Australia was asked to determine an application for costs following a dispute concerning a Commonwealth tenancy. The applicant, Mr. Stephens, had been successful in the underlying proceedings.

The primary legal issue before the Court was whether the successful party, Mr. Stephens, should be awarded costs, and if so, how those costs should be calculated. Specifically, the Court was required to consider the application of Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth) in determining the quantum of the costs.

Justice Smith reasoned that the general rule that a successful party should be awarded costs applied in this instance. The Court then proceeded to calculate the costs by reference to the scale set out in Part 1 of Schedule 1 to the *Federal Circuit Court Rules 2001* (Cth), applying the relevant provisions to the circumstances of the case. The Court noted that the costs order would be stayed pending any appeal to the Federal Court of Australia.