Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p133
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 133/154)
Character Range: 533515–536106

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) if an order is made in favour of any party―follow the event; or
 (b) if no order is made in favour of any party―are taken to be costs in the cause of the successful party to the proceeding.

40.05  Costs in other courts
  If a proceeding is transferred to the Court, a party may apply to the Court for an order that the costs of the proceeding in the other court be:
 (a) taxed in accordance with Division 40.2; or
 (b) awarded as a lump sum in lieu of taxation.

40.06  Costs improperly, unreasonably or negligently incurred
  A party may apply to the Court for an order:
 (a) that any costs that have been improperly, unreasonably or negligently incurred be disallowed; or
 (b) directing an inquiry whether any costs have been improperly, unreasonably or negligently incurred and providing for the costs of such inquiry.
Note 1: A taxing officer has the responsibility on any taxation to disallow any costs that have been improperly, unreasonably or negligently incurred.
Note 2: Taxing officer is defined in the Dictionary.

40.07  Liability of lawyer to their client for misconduct
 (1) A party who has reasonable cause to believe that additional costs have been incurred because of the party's lawyer's misconduct, may apply to the Court for an order:
 (a) that the whole or part of the costs as between the lawyer and the party be disallowed; or
 (b) if the lawyer is a barrister—that the whole or part of the costs as between the barrister and the barrister's instructing lawyer be disallowed; or
 (c) that the lawyer pay to the party costs that the party has been ordered to pay to another party; or
 (d) that the lawyer indemnify any other party against any costs payable by that party.
 (2) For this rule, a lawyer has engaged in misconduct if:
 (a) a proceeding or an application is delayed, adjourned or abandoned because of the lawyer's failure:
 (i) to attend or make arrangements for a proper representative to attend a hearing; or
 (ii) to file a relevant document; or
 (iii) to provide the Court or another party with a relevant document; or
 (iv) to be prepared for a hearing; or
 (v) to comply with these rules or an order of the Court; or
 (b) the lawyer:
 (i) incurs costs improperly or without reasonable cause; or
 (ii) incurs costs that are unnecessary or wasteful; or
 (iii) is guilty of undue delay.
Note 1: Lawyer is defined