Caratti v Commissioner of the Australian Federal Police

1. The applicant pay the costs of the first respondent, to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

BARKER J: 1 This judgment deals with the question of costs as between the applicant, Mr Allen Caratti, and the first respondent, the Commissioner of the Australian Federal Police. 2 Following the delivery of the primary judgment, the proceeding commenced by Mr Caratti was dismissed. I made the following order as to costs on 22 June 2018: (2) The applicant pay the costs of the respondents, save for the first respondent, to be assessed if not agreed. (3) As to the costs of the first respondent: (a) the applicant to file submissions by 4pm, 27 June 2018 as to why the applicant should not be ordered to pay the costs of the first respondent; (b) following which the first respondent be at liberty to file reply submissions by 4pm 2 July 2018; and (c) the Court will determine the question of cost on the papers. 3 The first respondent duly put on submissions as to why the first respondent should be entitled to a costs order as against the applicant. 4 In short, the first respondent submitted that costs should follow the event and that no reason had been shown as to why the Court should make any other order. 5 In the event, no submissions were filed on behalf of Mr Caratti as to why he should not pay the costs of the first respondent. 6 In the circumstances, and in any event, I rule that costs should follow the event and there are no circumstances that suggest a different order should be made. The first respondent participated in the proceeding and, the proceeding against it having been dismissed, is entitled to costs.