Curtis-Smith v Secretary, Department of Social Services (No 2) [2016] FCA 975

FEDERAL COURT OF AUSTRALIA

Curtis-Smith v Secretary, Department of Social Services (No 2) [2016] FCA 975 Appeal from: Curtis-Smith and Secretary, Department of Social Services [2015] AATA 152

File number(s): NSD 650 of 2015

Judge(s): BUCHANAN J

Date of judgment: 18 August 2016

Catchwords: COSTS – application for lump sum costs after judgment – no reason to depart from assessment/taxation procedures provided by the Federal Court Rules 2011 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court of Australia Act 1976 (Cth), ss 43(3)(a), 43(3)(d) Federal Court Rules 2011 (Cth), rr 40.02, 40.12

Cases cited: Cameron v Secretary, Department of Human Services (No 2) [2015] FCA 1201 Curtis-Smith v Secretary, Department of Social Services [2015] FCA 1115

Date of hearing: 17 August 2016

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 13

Counsel for the Appellant: The appellant did not appear

Solicitor for the Respondent: S Thompson of Sparke Helmore Lawyers

ORDERS NSD 650 of 2015

BETWEEN: JAMES CURTIS-SMITH Appellant

AND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES Respondent

JUDGE: BUCHANAN J DATE OF ORDER: 17 AUGUST 2016

THE COURT ORDERS THAT:

1. The interlocutory application filed on 7 July 2016 is dismissed. 2. There be no order as to costs of the interlocutory application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.