Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1723

    (1)     For a proceeding in the Magistrates Court in which a counterclaim is not issued, the "relevant amount" for costs is—

        (a)     if judgment in the proceeding is given for the plaintiff and if the defendant pays any amount to the plaintiff after the proceeding starts—the amount for which judgment is given together with the total of the amounts paid to the plaintiff after the proceeding started; or

        (b)     if judgment in the proceeding is given for the plaintiff—the amount for which judgment is given; or

        (c)     if judgment in the proceeding is given against the plaintiff, or the plaintiff is otherwise required to pay the costs of the proceeding—the amount for which the originating process in the proceeding was issued.

    (2)     For a proceeding in the Magistrates Court in which a counterclaim is issued, the "relevant amount" for costs is—

        (a)     if judgment in the proceeding and the counterclaim is given for the plaintiff in the proceeding—

              (i)     for costs incurred before service on the plaintiff of the counterclaim—the amount for which judgment is given; and

              (ii)     for costs incurred after service on the plaintiff of the counterclaim—the amount for which judgment is given or the amount for which the counterclaim was issued, whichever is the higher; or

        (b)     if judgment in the proceeding and the counterclaim is given for the defendant in the proceeding—the amount for which the originating process in the proceeding was issued or the amount for which judgment on the counterclaim was given, whichever is the higher; or

        (c)     if judgment in the proceeding is given for the plaintiff in the proceeding and in the counterclaim is given for the defendant in the proceeding—

              (i)     for costs payable to the plaintiff—the amount for which judgment on the originating process was given; and

              (ii)     for costs payable to the defendant—the amount for which judgment on the counterclaim was given; or

        (d)     if judgment in the proceeding is given against the plaintiff in the proceeding and in the counterclaim is given against the defendant in the proceeding—

              (i)     for costs payable by the plaintiff—the amount for which the originating process in the proceeding was issued; and

              (ii)     for costs payable by the defendant—the amount for which the counterclaim was issued.

    (3)     For a proceeding in the Magistrates Court in which an amount is not claimed, the court may set an amount for the proceeding (the relevant amount ), having regard to the nature and complexity of the proceeding.