Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p13
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 13/53)
Character Range: 389745–392167

must inform the court if the party is bound by a costs agreement or costs agreements in relation to those costs and, if so, the terms of the costs agreement or costs agreements.
 (5) In making an order for costs in a proceeding, the court may set a time for payment of the costs, which may be before the proceeding is concluded.
Note 1: Section 117(1) of the Family Law Act provides that, as a general rule, each party to family law proceedings shall bear the party's own costs. Section 117(2) of that Act provides that the court may, subject to subsections 117(2A), (4), (4A), (5) and (6) of that Act and the applicable Rules of Court, make such order as to costs as the court considers just, if the court is of the opinion that there are circumstances that justify it in doing so.
Note 2: A party may apply for an order for costs within 28 days after the filing of a notice of discontinuance by the other party (see rule 10.03).
Note 3: A party may apply for an extension of time to make an application (see rule 15.06).
Note 4: For costs orders related to appeals, see Part 13.10.

12.14  Costs order for proceedings in other courts
 (1) This rule applies to a proceeding in the Federal Circuit and Family Court that:
 (a) has been transferred from another court; or
 (b) is on appeal from a decision of another court.
 (2) The court may make an order for costs in relation to the proceeding before the other court.
 (3) The order may specify:
 (a) the amount to be allowed for the whole or part of the costs; or
 (b) that the whole or part of the costs is to be calculated in accordance with these Rules or the rules of the other court.

12.15  Costs order against lawyer
 (1) The court may make an order for costs against a lawyer if the lawyer, or an employee or agent of the lawyer, has caused costs to be incurred by a party or another person, or to be thrown away, because of:
 (a) a failure to comply with these Rules or an order; or
 (b) a failure to comply with a pre‑action procedure; or
 (c) improper or unreasonable conduct; or
 (d) undue delay or default.
 (2) A lawyer may be in default if a hearing may not proceed conveniently because the lawyer has unreasonably failed:
 (a) to attend, or send another person to attend, the hearing; or
 (b) to file, lodge or deliver a document as required; or
 (c) to prepare any proper evidence or information; or
 (d) to do any other act necessary for the hearing to