Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1833

    (1)     If a party entitled to be paid costs is also liable to pay costs, the registrar may—

        (a)     assess the costs the party is liable to pay, set off the amount assessed against the amount the party is entitled to be paid, and by order set the amount of the balance and by whom the balance is payable; or

        (b)     decline to make an order for costs the party is entitled to be paid until the party has paid the amount the party is liable to pay.

    (2)     Costs may be set off under subrule (1) even though a solicitor for a party has a lien for costs of the proceeding.