Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.47

Assessment principles

             (1)  A Judicial Registrar must not allow costs that, in the opinion of the Registrar:

                     (a)  are not fair and reasonable; or

                     (b)  are not proportionate to the issues in the proceeding.

             (2)  If the court has ordered costs on an indemnity basis, the Judicial Registrar must allow all costs reasonably incurred and of a reasonable amount having regard to, among other things:

                     (a)  the scale of costs in Schedule 3; and

                     (b)  any costs agreement between the party to whom costs are payable and the party's lawyer; and

                     (c)  charges ordinarily payable by a client to a lawyer for the work.

             (3)  In assessing costs as between party and party, a Judicial Registrar must not allow:

                     (a)  costs incurred because of improper, unnecessary or unreasonable conduct by a party or a party's lawyer; or

                     (b)  costs for work (of a kind or amount) that was not reasonably required to be done for the proceeding; or

                     (c)  unusual expenses.



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