Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p9
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 9/53)
Character Range: 380174–382790

legal aid:
 (a) subrule (2) and paragraph (3)(a) do not apply to the party's lawyer; and
 (b) not less than 1 day before the first day of the trial, the party's lawyer must file with the court, and serve on each party, a written statement of the actual costs incurred by the lawyer up to and including the trial.
 (5) Not less than 1 day before the first day of the trial, an independent children's lawyer must file with the court, and serve on each party, a written statement of the actual costs incurred by the independent children's lawyer up to and including the trial.
 (6) In a financial proceeding, unless the court otherwise orders:
 (a) a notice under subrule (2) or a statement under paragraph (3)(b) must specify the source of the funds for the costs paid or to be paid; and
 (b) a party who makes a payment to a lawyer for costs or future costs must disclose to the lawyer the source of funds from which the payment is made.
Note: The court may relieve a party from being required to disclose the source of the funds if, for example, the source is a third party (see rule 1.31).
 (7) If a person fails to comply with subrule (3), (4) or (5), the person must file the relevant costs estimate or particulars of costs with the court and serve it on each other party within 3 days of the court event or within such other time period as the court directs.
 (8) The court may record, by way of notation, on the face of a case management order the terms of any costs notice and any comments it has about costs incurred in the proceeding, including in relation to their consistency with previous costs notices, and their proportionality.
 (9) In this rule:
lawyer does not include counsel instructed by another lawyer.

12.07  Costs notices and case management
  When making any case management decision in relation to a claim relating to the property of the parties, the court may have regard to:
 (a) any costs notices filed and served by the parties; and
 (b) the additional costs involved in each proposed procedural step.

Part 12.4—Management of legal costs

Division 12.4.1—Costs principles

12.08  Legal costs to be fair, reasonable and proportionate
 (1) The legal costs incurred in a proceeding must be:
 (a) fairly, reasonably and proportionately incurred; and
 (b) fair, reasonable and proportionate in amount;
in the circumstances of the proceeding.
 (2) In considering whether a party's legal costs have been fairly, reasonably and proportionately incurred, regard must be had to all relevant matters including, but not limited to, whether a lawyer representing the party, a lawyer representing any