Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 700A

700A Estates of deceased persons and trusts

(1) This rule applies to—

(a) a proceeding under the Succession Act 1981 , part 4 ; or

(b) another proceeding relating to an interest in property under a will or trust.

(2) Without limiting the court’s discretion under these rules to make an order about costs in relation to all or part of the proceeding, the court may, in determining an order for costs, take into account the following matters—

(a) the value of the property the subject of the proceeding and, in particular, the value of the property about which there is a disputed entitlement;

(b) whether costs have been increased because of any one or more of the following—

(i) noncompliance with these rules;

(ii) noncompliance with a practice direction;

(iii) the litigation of unmeritorious issues;

(iv) failure to make, promptly or at all, appropriate concessions or admissions;

(v) giving unwarranted attention to minor or peripheral issues;

(c) an offer of settlement made by a party to the proceeding.