Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 63.48

Discretionary costs

    (1)     Except as these Rules or any order of the Court otherwise provides, the fees and allowances that are discretionary that are referred to in Appendix A must be allowed at the discretion of a registrar or the Costs Court.

    (2)     In exercising the discretion under paragraph (1), the Costs Court must have regard to the following—

        (a)     the complexity of the matter;

        (b)     the difficulty or novelty of the questions involved in the matter;

        (c)     the skill, specialised knowledge and responsibility involved and the time and labour expended by the Australian lawyer or counsel;

        (d)     the number and importance of the documents prepared and perused, regardless of length;

        (e)     the amount or value of money or property involved;

        (f)     research and consideration of questions of law and fact;

        (g)     the general care and conduct of the Australian lawyer or counsel, having regard to the instructions and all relevant circumstances;

        (h)     the time within which the work was required to be done;

              (i)     allowances otherwise made in accordance with the Scale in Appendix A;

        (j)     any other relevant matter.

        63.49     * * * * *

        63.50     * * * * *



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