Commonwealth Numbered Acts

FEDERAL PROCEEDINGS (COSTS) ACT 1981 No. 23 of 1981 - SECT 4

4. (1) A reference in this Act to costs incurred by a person in relation to
proceedings shall be read as a reference to costs so incurred ascertained as
if they were costs as between party and party.

(2) For the purposes of this Act -

   (a)  the amount of any costs incurred by a person in relation to
        proceedings (other than costs to which paragraph (b) applies) is -

        (i)    an amount agreed on in respect of those costs by the Attorney-
               General and the person who has been granted the
               costs certificate in relation to those costs; or

        (ii)   where under the regulations the amount of those costs has been
               assessed for the purposes of this Act by an officer of a court
               - the amount so assessed; or

   (b)  where any costs incurred by a person in relation to proceedings have
        been ordered by a court to be paid to the person by another party to
        the proceedings and the amount of those costs is specified in, or has
        been ascertained in accordance with, the order of the court - the
        amount of those costs is the amount so specified or ascertained, as
        the case may be.