Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.17

             (1)  The court may order that a party is entitled to costs:

                     (a)  of a specific amount; or

                     (b)  as assessed on a particular basis (for example, party and party, solicitor and client or indemnity); or

                     (c)  to be calculated in accordance with the method stated in the order; or

                     (d)  for part of the proceeding, or part of an amount, assessed in accordance with Schedule 3.

             (2)  If costs are payable under the Family Law Act or these Rules, or the court orders that costs be paid and does not specify the method for their calculation, the costs are to be assessed on a party and party basis.

             (3)  In making an order under subrule (1), the court may consider the following:

                     (a)  the importance, complexity or difficulty of the issues;

                     (b)  the reasonableness of each party's behaviour in the proceeding including by having regard to the matters set out in subrule 12.08(2);

                     (c)  the rates ordinarily payable to lawyers in comparable proceedings;

                     (d)  whether a lawyer's conduct has been improper, unfair, unreasonable or disproportionate;

                     (e)  the time properly spent on the proceeding, or in complying with pre-action procedures;

                      (f)  whether expenses (paid or payable) are fair, reasonable and proportionate.