Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1752

    (1)     The court may order costs to be assessed—

        (a)     on a solicitor and client basis; or

        (b)     on an indemnity basis; or

        (c)     on any other basis it considers appropriate.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     Without limiting subrule (1), the court may order that costs be assessed on a solicitor and client basis if it orders payment of costs—

        (a)     out of a fund; or

        (b)     to a party who sues or is sued as a trustee; or

        (c)     of an application in a proceeding brought for—

              (i)     noncompliance with an order of the court; or

              (ii)     breach of an undertaking given to the court.

    (3)     In assessing costs on a solicitor and client basis, the registrar must allow all costs reasonably incurred and of a reasonable amount, having regard to—

        (a)     the costs allowable under rule 1722 (Costs—solicitors' costs generally); and

        (b)     charges ordinarily payable by a client to a solicitor for the work.

    (4)     In assessing costs on an indemnity basis, the registrar—

        (a)     must allow all costs other than costs unreasonably incurred (with the party paying the costs having the onus of proving that the costs were unreasonably incurred); and

        (b)     may have regard to any costs agreement between the party to whom the costs are payable and the party's solicitor.