Federal Court of Australia

Origin Net Pty Ltd v Origin Energy Limited (No 2) [2026] FCA 1121

ORDERS

THE COURT ORDERS THAT:

1.    The applicant pay the respondents’ costs of the interlocutory application filed on 8 May 2026 in a lump sum.

2.    The interlocutory application of 8 May 2026 otherwise be dismissed.

3.    Pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth), the costs ordered to be paid by the applicant to the respondents in Order 14 made on 2 April 2026 be paid in a lump sum.

4.    If the parties do not agree within 30 days of these Orders on the amount of the lump sum to be paid in (1) or (3), the parties are to advise the chambers of Burley J and the matter be referred to a Registrar of the Court to determine the quantum of costs in such a manner as the Registrar sees fit, including, if appropriate, on the papers.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BURLEY J:

1    This judgment addresses disputed questions concerning costs in respect of two interlocutory applications advanced by Origin Net Pty Ltd against the respondent to the proceedings Origin Energy Limited.

2    The first arises from a judgment that I delivered on 2 April 2026. In it, I dismissed an interlocutory application filed by Origin Net on 9 March 2026 in which it sought a review of a decision of a Registrar concerning discovery (Review Application) and ordered that Origin Net pay Origin Energy’s costs of the Review Application forthwith: Origin Net Pty Ltd v Origin Energy Limited [2026] FCA 391.

3    The second arises from an interlocutory application filed by Origin Net on 8 May 2026 in which it sought access to documents in respect of which Origin Energy had claimed legal professional privilege (Waiver Application). The matter was referred to the duty judge for determination but, on the day of the hearing, Origin Net indicated that the application was no longer pressed.

4    In relation to the Review Application, Origin Energy contends that the costs should be referred to a Registrar for determination of the amount to be paid in a lump sum. Origin Net submits that the disputed costs should proceed to taxation.

5    In relation to the Waiver Application, Origin Energy similarly seeks an order that the question of the assessment of the costs be referred to a Registrar for assessment in a lump sum amount. Whilst Origin Net accepts that it is liable for Origin Energy’s costs of the Waiver Application, and that those costs should be paid forthwith, it contends that these costs should also proceed to taxation.

6    In my view it is appropriate that the costs of both the Review Application and the Waiver Application be assessed in a lump sum and I will refer the matter to a Registrar of the Court for the purpose. As I have already ordered that Origin Energy’s costs of the Review Application be paid forthwith by Origin Net, it is not necessary for me to repeat that order. Otherwise the orders that I will make are:

(1)    The applicant pay the respondents’ costs of the interlocutory application filed on 8 May 2026 in a lump sum.

(2)    The interlocutory application of 8 May 2026 otherwise be dismissed.

(3)    Pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth), the costs ordered to be paid by the applicant to the respondents in Order 14 made on 2 April 2026 be paid in a lump sum.

(4)    If the parties do not agree within 30 days of these Orders on the amount of the lump sum to be paid in (1) or (3), the parties are to advise my chambers and the matter be referred to a Registrar of the Court to determine the quantum of costs in such a manner as the Registrar sees fit, including, if appropriate, on the papers.

Associate:

Dated:    13 August 2026

SCHEDULE OF PARTIES