Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.08

Order for costs
(1)
A party may apply for an order that another person pay costs.

(2)
An application for costs may be made:

(a)
at any stage during a case; or

(b)
by filing an Application in a Case (Form 2) within 28 days after the final order is made.

(3)
A party applying for an order for costs on an indemnity basis must inform the court if the party is bound by a costs agreement in relation to those costs and, if so, the terms of the costs agreement.

Note 1
The court may make an order for costs on its own initiative (see rule 1.10).
Note 2
A party may apply for an order for costs within 28 days after the filing of a notice of discontinuance by the other party (see subrule 10.11 (4)).
Note 3
A party may apply for an extension of time to make an application (see rule 1.14).

(4)
In making an order for costs, the court may set a time for payment of the costs that may be before the case is finished.



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