Recent Cases

Wills v Chief Executive Officer of the Australian Skills Quality Authority (Costs) [2022] FCAFC 43 (22 March 2022) (Logan, Griffiths and Perry JJ)


COSTS – whether costs should be paid on an indemnity rather than a party/party basis – where Chief Executive of the Australian Skills Quality Authority (ASQA) made an offer of compromise – where ASQA seeks costs of and incidental to appeal on an indemnity basis under r 25.14(2) of the Federal Court Rules 2011 (Cth), or alternatively costs paid on an indemnity basis consistent with the principles in Calderbank v Calderbank – where ultimate question is whether the failure to accept an offer in all the circumstances warrants departure from the ordinary rules as to costs – whether an offer of compromise on the basis simply that there be no order as to costs is a genuine compromise for the purposes of rule 25.01(1) or the Calderbank principle – where applicant’s rejection of the offer of compromise was not unreasonable in the circumstances – application for indemnity costs dismissed