Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 40.43

  (1)   This rule applies in relation to:

  (a)   an appeal from an order made by the Federal Circuit and Family Court of Australia (Division   2) in respect of a migration decision (within the meaning of the Migration Act 1958 ); and

  (b)   an application for leave to appeal from an order mentioned in paragraph   (a); and

  (c)   an application for an extension of time to start an appeal mentioned in paragraph   (a) or to make an application mentioned in paragraph   (b).

  (2)   If:

  (a)   an appeal or application is discontinued or dismissed before hearing; and

  (b)   a party is entitled to costs or obtains an order for costs;

the party is entitled, subject to subrule (4), to the costs mentioned in item   15.1 of Schedule   3.

  (3)   If:

  (a)   an appeal or application is discontinued or dismissed after hearing; and

  (b)   a party is entitled to costs or obtains an order for costs;

the party is entitled, subject to subrule (4), to the costs mentioned in item   15.2 of Schedule   3.

  (4)   If:

  (a)   a party is entitled to an amount under subrule (2) or (3) in relation to an appeal; and

  (b)   the court had, at a separate hearing, granted leave to appeal or an extension of time to start the appeal;

the party is entitled, in addition to the costs to which the party is entitled under subrule (2) or (3) (as the case may be), to the costs mentioned in item   15.3 of Schedule   3.