Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1722

    (1)     For assessing costs under this part, unless the court otherwise orders, a solicitor is entitled to charge, and be allowed, the costs under the prescribed scale of costs for work done for or in a proceeding in the court, multiplied by the prescribed percentage.

Note     The

, s 181 (Maximum costs for claims of $50 000 or less) limits costs in relation to a claim for personal injury damages if $50 000 or less is recovered, if the cause of action arose after 1 January 2003 or the party and the party's solicitor had an agreement about costs before 1 January 2003 (see

, s 224 (expired)).

    (2)     The costs under the prescribed scale of costs for work done are inclusive of any GST payable in relation to the work.

    (3)     However, the costs payable to a party are reduced by the amount of any input tax credit for GST to which the party is entitled in relation to the party's costs.

    (4)     In this rule:

"prescribed percentage" means—

        (a)     for a proceeding in the Supreme Court—100%; or

        (b)     for a proceeding in the Magistrates Court—

              (i)     if the relevant amount is less than $10 000—33%; or

              (ii)     if the relevant amount is not less than $10 000 but less than $25 000—67%; or

              (iii)     if the relevant amount is not less than $25 000 but less than $40 000—80%; or

              (iv)     if the relevant amount is not less than $40 000 but less than $50 000—90%; or

              (v)     if the relevant amount is not less than $50 000—100%.

"relevant amount"—see rule 1723.