Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 13.54

  (1)   A party to an appeal or an application for leave to appeal may apply for an order that another person pay costs.

  (2)   An application for costs may be made:

  (a)   at any stage during an appeal or an application for leave to appeal; or

  (b)   by filing an application in relation to an appeal within 28 days after the court makes an order disposing of the appeal or an application for leave to appeal.

Note:   A party may apply for an order for costs within 28 days after:

(a)   a notice of discontinuance is filed by the other party (see rule   13.42); or

(b)   an appeal is taken to be abandoned (see rule   13.43); or

(c)   an appeal is dismissed (see rule   13.45); or

(d)   an application in relation to an appeal is dismissed (see rule   13.45).

  (3)   A party applying for an order for costs on an indemnity basis must inform the court if the party is bound by a costs agreement in relation to those costs and, if so, the terms of the costs agreement.

  (4)   In making an order for costs, the court may set a time for payment of the costs that may be before the appeal is finished.