Claire Schneider (led by Mr D Roche SC) appeared for the second respondent instructed by Herbert Smith Freehills Kramer.
The judgment concerns an interlocutory application in a costs hearing following a failed competition law class action brought by the applicant against two electricity generators (First and Second respondent). The Costs were to be determined on a lump-sum basis in accordance with s 4 of the Federal Court’s Cost Practice Note (GPN-Costs).
The applicant sought early production of source documents forming the basis of the respondents’ Costs Summaries, arguing this was necessary for a procedurally fair assessment. The Court dismissed the interlocutory application, finding that under GPN-Costs, source documents need only be available at the costs hearing, not beforehand. It found the application inconsistent with the streamlined purpose of lump-sum assessment and disproportionate to the complexity of the dispute, noting that the applicant had failed to identify disputed cost categories and had sufficient information to prepare a Costs Response.
The Court ordered the applicant to pay the respondents’ costs of the application, allowed time to file further material by 4.00pm 25 November 2025, and listed the lump-sum costs hearing for 1–2 December 2025.
The judgment can be read by clicking here
