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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 - RULE 22.03

Determination of maximum costs

  (1)   The Court may specify the maximum costs that may be recovered on a party and party basis:

  (a)   by order at the first court date; and

  (b)   on its own initiative or on the application of a party.

  (2)   However, an amount specified must not include an amount that a party is ordered to pay because the party:

  (a)   has failed to comply with, or has sought an extension of time for complying with, an order or any of these Rules; or

  (b)   has sought leave to amend a document; or

  (c)   has otherwise caused another party to incur costs that were not necessary for the economic and efficient progress of the proceeding or hearing of the proceeding.

  (3)   The Court may vary the maximum costs specified if, in the Court's opinion, there are special reasons and it is in the interests of justice to do so.



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