Victorian Current Acts

SUPREME COURT ACT 1986 - SECT 17D

    (1)     The Costs Court—

        (a)     has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in all proceedings in the Court;

        (b)     has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—

              (i)     the County Court;

              (ii)     the Magistrates' Court;

              (iii)     VCAT—

if, by or under any Act, the Rules or the Rules of those courts or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;

        (c)     has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—

              (i)     the County Court;

              (ii)     the Magistrates' Court;

              (iii)     VCAT—

if, by any order of a court or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;

        (d)     has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in the County Court, the Magistrates' Court or VCAT, as the case requires, in which—

              (i)     there is an entitlement to costs by or under any Act, the Rules of the County Court, the Magistrates' Court or VCAT or arising from an order of the County Court, the Magistrates' Court or VCAT; and

              (ii)     the amount of those costs has not been fixed by the court or by VCAT;

S. 17D(1)(e) amended by No. 50/2011 s. 46(Sch. item 14.1).

        (e)     has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in an arbitration, subject to the Commercial Arbitration Act 2011 ;

S. 17D(1)(ea) inserted by No. 17/2014 s. 160(Sch.  2 item 93.2(a)).

        (ea)     must conduct costs assessments under Division 7 of Part 4.3 of the Legal Profession Uniform Law (Victoria);

        (f)     must hear and determine costs reviews under Division 7 of Part 3.4 of Chapter 3 of the Legal Profession Act 2004 ;

Note to S. 17D(1)(f) inserted by No. 17/2014 s. 160(Sch.  2 item 93.2(b)).

Note

See clause 18 of Schedule 4 to the Legal Profession Uniform Law (Victoria).

        (g)     must hear and determine any reviews under Division 5 of Part 4 of the Legal Practice Act 1996 ;

Note

See clause 3.1 of Part 3 of Schedule 2 to the Legal Profession Act 2004 .

        (h)     has any other jurisdiction in relation to costs given to it—

              (i)     by or under this Act or any other Act; or

              (ii)     by the Rules; or

              (iii)     by the Rules of another court or of a tribunal.

    (2)     The Costs Court has such powers of the Court as are necessary to enable it to exercise its jurisdiction.

    (3)     The Costs Court must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act, the Rules and the proper consideration of the matters before the Court permit.

    (4)     Subject to this Act and the Rules, the Costs Court may regulate its own procedure.

S. 17E inserted by No. 78/2008 s. 5.