Australian Skills Quality Authority v Western Institute of Technology Pty Ltd [2017] FCAFC 183

FEDERAL COURT OF AUSTRALIA

Australian Skills Quality Authority v Western Institute of Technology Pty Ltd [2017] FCAFC 183 Appeal from: Western Institute of Technology Pty Ltd and Australian Skills Quality Authority [2017] AATA 187

File number: VID 262 of 2017

Judges: TRACEY, GRIFFITHS AND CHARLESWORTH JJ

Date of judgment: 27 November 2017

Catchwords: COSTS – application by the applicant for indemnity costs under r 25.14(3) of the Federal Court Rules 2011 (Cth) on the basis that an offer of compromise had earlier been made to, and not accepted by, the respondent – where the parties agreed that the Administrative Appeals Tribunal erred – where consent orders were made by the Court remitting part of the decision to the Tribunal for reconsideration in accordance with law and providing for the question of costs to be determined on the papers – whether the judgment obtained is more favourable to the applicant than the terms of the offer of compromise – whether there is a basis to depart from the presumption in favour of indemnity costs in r 25.14(3) PRACTICE AND PROCEDURE – costs – costs of the respondent on appeal – application by the respondent for a costs certificate under s 6(1) of the Federal Proceedings (Costs) Act 1981 (Cth) in respect of appeal costs – whether the Court should exercise its discretion to grant such a certificate

Legislation: Education Services for Overseas Students Act 2000 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37M(1), 37N(4) Federal Proceedings (Costs) Act 1981 (Cth) s 6(1) National Vocational Education and Training Regulator Act 2011 (Cth) s 56 Federal Court Rules 2011 (Cth) rr 25.01, 25.14, 25.14(3) Federal Court Rules 1979 (Cth) O 23 r 11(6)