interlocutory application for extension of time within which to review two costs decisions of a Registrar
where one application 15 months out of time and the other one month out of time
where Registrar declined to award a nominal sum and determined to award an ‘other sum’ pursuant to r 40.15(1)(b) of the Federal Court Rules 2011 (Cth)
Quick Take
1Rule 40.15(1)(b) of the Federal Court Rules 2011 does not prescribe or limit the method by which the 'other sum' is to be fixed; a taxing officer may be guided by the principles developed for lump sum costs assessments when determining the quantum of an 'other sum' under that rule.
2On an application for extension of time to review a Registrar's decision under s 35A(5) of the Federal Court of Australia Act 1976, the moving party must demonstrate both a sufficient explanation for the delay and sufficient merit in the proposed review, and these inquiries are not wholly distinct — the length of delay also plays a role.
3Where a Registrar's orders, read together with the reasons for judgment, have the substantive effect of refusing particular relief (here, the allowing of a nominal sum), a party may seek review of that refusal notwithstanding that the formal orders include only timetabling directions for further steps.
