Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 56.11

56.11.1     Where it is ordered that costs shall be paid or retained out of any fund or estate, the Court or a Justice may direct out of what portion or portions of that fund or estate the costs are to be paid.

56.11.2     Where the Court or a Justice appoints a solicitor or public trustee to be litigation guardian of a person, the Court or Justice may direct that the costs to be incurred in the performance of the duties of litigation guardian shall be borne and paid:

  (a)   by the parties or one or more of the parties; or

  (b)   out of any fund in Court in which the person may be interested;

and may give such directions for the repayment or allowance of the costs as the Justice thinks fit.

56.11.3     When a solicitor acts as litigation guardian without any order of the Court or a Justice appointing the solicitor as guardian, the costs incurred in the performance of the duties of that office are in the discretion of the Court or a Justice.