Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2001 (NO 3) (2001 NO 48) - REG 6

substitute

2     Taxation of costs

If rule 1 applies, the defendant may require costs to be taxed if—

        (a)     more than $500 (plus any filing and service fees actually paid) is claimed in the originating application for costs and disbursements; or

        (b)     the plaintiff claims taxed costs; or

        (c)     the action could properly have been brought in the Magistrates Court.

3     Taxation of costs—judgment in default of appearance

    (1)     This rule applies if—

        (a)     an originating application issued after 31 December 2001 consists of a claim for debt or a liquidated demand only; and

        (b)     the application includes a statement under order 2 rule 11 (Claims for debt and liquidated demands); and

        (c)     judgment is entered against the defendant in default of appearance.

    (2)     If the costs and disbursements claimed (other than any filing and service fees actually paid) are not more than $600, then, subject to order 65 rule 7A (Costs and disbursements where amount recovered less than Magistrates Court limit), the costs and disbursements must be allowed without taxation together with the fees properly paid for filing and service of the application.

    (3)     If the costs and disbursements claimed (other than any filing and service fees actually paid) are more than $600, the costs and disbursements must be taxed.

    (4)     This rule, as in effect immediately before 1 January 2002, continues to apply in relation to an originating application issued before that date.