Taylor v Minister for Home Affairs (No 2)

In the Federal Court of Australia, the applicant, Taylor, sought an order that a writ of habeas corpus issue against the Minister for Home Affairs, who is the first respondent. The dispute arose from the Minister’s decision to detain the applicant and the applicant’s challenge to that decision. The court was tasked with deciding the appropriate costs order in light of the Minister’s late application for an adjournment to adduce further evidence.

The primary legal issue before the court was whether the applicant should be ordered to pay the costs of the proceeding to the Minister, and if so, the quantum of those costs. The court had to consider the circumstances surrounding the Minister’s application for an adjournment and the impact of that application on the proceedings and the costs incurred. The court also had to determine whether there should be any order for costs in respect of the hearings held on 5 August 2021 and 25 August 2021.

The court found that the applicant should pay the Minister’s costs of the proceeding, to be fixed by way of a lump sum. However, there should be no order for costs in respect of the hearings held on 5 August 2021 and 25 August 2021. The court directed that within 14 days, the parties should file any agreed proposed minute of orders fixing a lump sum in relation to the Minister’s costs. If no agreement was reached, the Minister was to file and serve an affidavit constituting a Costs Summary within 21 days, followed by the applicant’s Costs Response within a further 14 days. If no agreement was reached within another 14 days, the matter of an appropriate lump sum figure for the Minister’s costs would be referred to a Registrar for determination.