Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p2
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 2/23)
Character Range: 170711–173245

the review, the Court:
 (a) may receive as evidence any affidavit or exhibit tendered before the Registrar; and
 (b) may with leave receive further evidence; and
 (c) may receive as evidence:
 (i) any transcript of the proceeding before the Registrar; or
 (ii) if there is no transcript—an affidavit sworn by a person who was present at the proceeding before the Registrar as a record of the proceeding.

Part 22—Costs

Division 22.1—Security for costs

22.01  Security for costs
 (1) On application by a respondent, the Court may order the applicant to give the security that the Court considers appropriate for the respondent's costs of the proceeding.
 (2) In this rule:
respondent includes an applicant if a cross‑claim is made or the response to the application seeks orders in relation to matters not covered by the applicant.
 (3) An application must be made in accordance with the approved form and supported by an affidavit setting out the facts relied on.
Note: For the power of the Court to order an applicant in a proceeding to give security for the payment of costs and for other matters relating to security for costs, see section 215 of the Act.

Division 22.2—Orders for costs

22.02  Order for costs
 (1) An application for an order for costs may be made:
 (a) at any stage in a proceeding; or
 (b) within 28 days after a final decree or order is made; or
 (c) within any further time allowed by the Court.
 (2) In making an order for costs in a proceeding, the Court may:
 (a) set the amount of the costs; or
 (b) set the method by which the costs are to be calculated; or
 (c) refer the costs for taxation under Part 40 of the Federal Court Rules; or
 (d) set a time for payment of the costs, which may be before the proceeding is concluded.

22.03  Determination of maximum costs
 (1) The Court may specify the maximum costs that may be recovered on a party and party basis:
 (a) by order at the first court date; and
 (b) on its own initiative or on the application of a party.
 (2) However, an amount specified must not include an amount that a party is ordered to pay because the party:
 (a) has failed to comply with, or has sought an extension of time for complying with, an order or any of these Rules; or
 (b) has sought leave to amend a document; or
 (c) has otherwise caused another party to incur costs that were not necessary for the economic and efficient progress of the proceeding or hearing of the proceeding.
 (3) The Court may vary the maximum costs specified if, in the Court's opinion, there are