Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p132
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 132/154)
Character Range: 531268–533754

order that has been authenticated in accordance with subrule 39.35(1) is taken to be entered on the 14th day after the day it was authenticated, unless the Court otherwise directs.

39.33  Lodgment of orders for entry
 (1) If a party wants to have an order entered, the party may lodge with a Registrar a draft of the order.
 (2) An order may be settled by the Court, or a Registrar, despite no draft of the order having been lodged under subrule (1).
 (3) The Court may give directions to a Registrar who is settling an order under this rule.

39.34  Order entered in Court
  The Court may direct that an order be entered by the order being authenticated in Court, in accordance with rule 39.35(1), at the time the order is made.

39.35  Authentication of orders
 (1) An order is authenticated by:
 (a) the Court, or a Registrar signing the order; and
 (b) the Court, a person at the direction of the Court, or a Registrar, affixing the seal of the Court or the stamp of a District Registry to the order.
 (2) A Registrar is to give a copy of an authenticated order in the proceeding to a party to a proceeding, on request.
 (3) A Registrar may give a copy of an authenticated order in the proceeding to any person who:
 (a) appears to have a sufficient interest in the proceeding; and
 (b) pays the prescribed fee (if any).

Part 40—Costs

Division 40.1—General

40.01  Party and party costs
  If an order is made that a party or person pay costs or be paid costs, without any further description of the costs, the costs are to be costs as between party and party.
Note: Costs as between party and party is defined in the Dictionary.

40.02  Other order for costs
  A party or a person who is entitled to costs may apply to the Court for an order that costs:
 (a) awarded in their favour be paid other than as between party and party; or
 (b) be awarded in a lump sum, instead of, or in addition to, any taxed costs; or
 (c) be determined otherwise than by taxation.
Note 1: The Court may order that costs be paid on an indemnity basis.
Note 2: The Court may order that the costs be determined by reference to a cost assessment scheme operating under the law of a State or Territory.

40.03  Costs reserved
  If the Court reserves the question of costs, and no further order is made, costs follow the event.

40.04  Costs on interlocutory application or hearing
  If no order for costs is made on an interlocutory application or hearing, the costs of the application or hearing:
 (a)