SZQOG v Minister for Immigration & Anor (No.2)

In *SZQOG v Minister for Immigration & Anor (No.2)*, heard in the Federal Circuit and Family Court of Australia, the applicant sought an order for costs against the Minister for Immigration, Citizenship and Multicultural Affairs, and the second respondent, the Commonwealth of Australia. The dispute concerned the applicant's claim for costs exceeding the scheduled fixed amount, following earlier proceedings.

The central legal issue before the Court was whether the applicant was entitled to an award of costs above the prescribed fixed amount. This question arose in circumstances where the Court considered the applicant's submissions to be excessively long, the affidavits filed to be lengthy and unnecessary, and the applicant to have impermissibly sought a merits review of the decision.

Judge Lucev determined that the applicant had not established grounds for an award of costs exceeding the fixed amount. The Court reasoned that the applicant's conduct, including the prolixity of submissions and the inclusion of unnecessary material in affidavits, did not warrant such an exceptional order. The Court applied the principles governing the award of costs, emphasizing that such awards above the fixed scale are reserved for circumstances where there is a demonstrable need for such an order, which was not made out in this instance.

The Court therefore made no order for costs in favour of the applicant, effectively denying the application for costs above the scheduled fixed amount.