Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.04

Notification of costs
(1)
Immediately before each court event, the lawyer for a party must give the party a written notice of:

(a)
the party's actual costs, both paid and owing, up to and including the court event; and

(b)
the estimated future costs of the party up to and including each future court event.

(2)
If a notice under subrule (1) is given immediately before a trial, it must include the following details:

(a)
the actual costs incurred by the party up to and including the first day of the trial;

(b)
any expenses paid or payable to an expert witness or, if those expenses are not known, an estimate of any expenses;

(c)
the costs payable for each day of the trial, excluding the first day;

(d)
the estimated length of the trial.

(3)
At each court event:

(a)
a party's lawyer must give to the court and each other party a copy of the notice given to the party under subrule (1); and

(b)
an unrepresented party must give to the court and each other party a written statement of:

(i)
the actual costs incurred by the party up to and including the event; and
(ii)
the estimated future costs of the party up to and including each future court event.
(4)
Immediately before a trial, a child representative must give to the court and each party a written statement of the actual costs incurred by the child representative up to and including the trial.

(5)
In a financial case, a notice under subrule (1) or a statement under paragraph (3) (b) must specify the source of the funds for the costs paid or to be paid unless the court orders otherwise.

Note
The court may relieve a party from being required to disclose the source of the funds if, for example, the source is a third party (see rule 1.12).

(6)
At the end of a court event, the court must return the copy of the notice or statement given under this rule to the person who gave it.

(7)
In this rule:

court event does not include counselling or mediation with a mediator in a parenting case.



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