Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 1720

Costs—entitlement to recover

(SCR o 65 r 20; MC(CJ)R s 248; Qld r 685 and r 691)

    (1)     A party to a proceeding cannot recover any costs of the proceeding from another party or anyone else otherwise than by agreement, under a territory law, or an order of the court under a territory law.

Note     A territory law includes these rules (see Legislation Act, s 98).

    (2)     If, under a territory law or an order of the court, a party is entitled to costs, the costs are to be assessed costs.

Note     The parties may agree that the costs be set at a certain amount (see r 1702 (Costs—agreement about costs).

    (3)     However, instead of assessed costs, the court may order a person liable for costs to pay to the party entitled to costs—

    (a)     a stated part or percentage of assessed costs; or

    (b)     assessed costs to or from a stated stage of the proceeding; or

    (c)     an amount for costs decided by the court; or

    (d)     an amount for costs to be decided in a way the court directs.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this subrule.



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