Commonwealth Numbered Regulations

1992 No. 421 FEDERAL COURT RULES (AMENDMENT) - RULE 11

11.1 After Order 62, insert:

"ORDER 62A
DETERMINATION OF MAXIMUM COSTS
AT DIRECTIONS HEARING
Power to order maximum costs

"1. The Court may:

   (a)  by order made at a directions hearing; and

   (b)  of its own motion or on the application of a party; specify the
        maximum costs that may be recovered on a party and party basis.
        Excluded costs

"2. A maximum amount specified in an order under rule 1 shall not include an
amount that a party is ordered to pay because the party:

   (a)  has failed to comply with an order or with any of these Rules; or

   (b)  has sought leave to amend its pleadings or particulars; or

   (c)  has sought an extension of time for complying with an order or with
        any of these Rules; or

   (d)  has otherwise caused another party to incur costs that were not
        necessary for the economic and efficient:

        (i)    progress of the proceedings to trial; or

        (ii)   hearing of the action. Further directions

"3. An order under rule 1 may include such directions as the Court considers
necessary to effect the economic and efficient:

   (a)  progress of the proceedings to trial; or

   (b)  hearing of the action. Variation of order

"4. If, in the Court's opinion, there are special reasons, and it is in the
interests of justice to do so, the Court may vary the specification of maximum
recoverable costs ordered under rule 1.".