FFP18 v Minister for Immigration and Citizenship

1. The first respondent (Minister) seeks an order fixing costs in the amount of $10,411.90. This follows delivery of judgment today in FFP18 v Minister for Immigration and Citizenship [2025] FedCFamC2G 1906.
2. The amount sought is above what is commonly referred to as the Court's "scale". Relatedly, r 25.14 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (Cth) provides:

(1) When the Court determines that a party is entitled to costs in a proceeding to which this Part applies, the party may seek costs and disbursements up to, and including, the amounts specified by Division 1 of Part 3 of Schedule 2, together with the amount of any filing or Court fees paid in relation to the proceeding.

(2) The Court may order costs in excess of those specified in Division 1 of Part 3 of Schedule 2 if, in the Court's opinion, there is sufficient reason and it is in the interests of justice to do so.

(3) The Court may by order specify the maximum costs that may be recovered as between party and party.

(4) If:

(a) the applicant files a notice of discontinuance in a proceeding in which a respondent has sought costs in the response; and

(b) the applicant does not file with the notice an application as to costs;

the Court may, without hearing the parties, make an order in Chambers in accordance with Division 2 of Part 3 of Schedule 2 for the respondent's costs.

(5) This rule does not limit a party's right to apply, under Part 32, for an order as to costs of the application.

Note 1: The Court may dispense with compliance with these Rules or make orders inconsistent with these Rules (see rules 1.10 and 1.11).

Note 2: Disbursements include counsel's fees.

Note 3: For discontinuance, see Division 23.1 of these Rules.

Note 4: For the exercise of jurisdiction in Chambers, see section 136 of the Act.

1. The amount specified under Division 1 of Part 3 of Schedule 2 (or the "scale" amount) under the current version of the Court's rules in respect of a proceeding concluded at final hearing is $9,097.93. Part 1 of Schedule 2 expresses that the Schedule "applies to work done or services performed on or after 1 September 2025". The amount specified under the previous version of the Court's rules - Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) - was $8,371.30.
2. In any event, I accept that the additional work required in this matter means that there is sufficient reason for departing from the Court's scale and that it is in the interests of justice to do so. This is in circumstances where the applicant appears to have briefed Counsel quite late in the matter. In result, Counsel attended the hearing of the matter as originally listed wishing to argue a ground of review in the absence of an amended application or articulation of the basis of the ground through written submissions. In fairness to the Minister, this resulted in the hearing scheduled on 11 July 2025 being adjourned. Thereafter, an amended application and written submissions were filed on behalf of the applicant. In consequence, the Minister had to prepare two sets of written submissions and to prepare for and attend a further hearing date.
3. The Minister relied upon an affidavit of Ms Mengqi Ren. That affidavit expresses that the Minister's solicitor-client costs in the matter are approximately $13,382.50 (excluding GST), with a further $500 anticipated in relation to drafting the costs affidavit, attending judgment delivery, considering the reasons and engaging in relevant correspondence with the applicant's representatives in relation to costs. The Minister seeks 75% of his solicitor-client costs, namely the amount of $10,411.90.
4. Having regard to the circumstances of this matter, I am satisfied that the amount sought is reasonable. The applicant did not wish to be heard in relation to the amount sought.
5. For the foregoing reasons, I make an order that the applicant pay costs in the amount that has been sought by the Minister.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Laing.