Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p37
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 37/154)
Character Range: 303806–306460

the applicant is not entitled to any costs after 11.00 am on the second business day after the offer was served; and
 (b) the respondent is entitled to an order that the applicant pay the respondent's costs after that time on an indemnity basis.
 (2) If an offer is made by a respondent and an applicant unreasonably fails to accept the offer and the applicant's proceeding is dismissed, the respondent is entitled to an order that the applicant pay the respondent's costs:
 (a) before 11.00 am on the second business day after the offer was served—on a party and party basis; and
 (b) after the time mentioned in paragraph (a)—on an indemnity basis.
 (3) If an offer is made by an applicant and not accepted by a respondent, and the applicant obtains a judgment that is more favourable than the terms of the offer, the applicant is entitled to an order that the respondent pay the applicant's costs:
 (a) before 11.00 am on the second business day after the offer was served—on a party and party basis; and
 (b) after the time mentioned in paragraph (a)—on an indemnity basis.
Note 1: Costs on an indemnity basis is defined in the Dictionary.
Note 2: The Court may make an order inconsistent with these rules—see rule 1.35.

Part 26—Ending proceedings early

Division 26.1—Summary judgment and stay of proceedings

26.01  Summary judgment
 (1) A party may apply to the Court for an order that judgment be given against another party because:
 (a) the applicant has no reasonable prospect of successfully prosecuting the proceeding or part of the proceeding; or
 (b) the proceeding is frivolous or vexatious; or
 (c) no reasonable cause of action is disclosed; or
 (d) the proceeding is an abuse of the process of the Court; or
 (e) the respondent has no reasonable prospect of successfully defending the proceeding or part of the proceeding.
 (2) The application must be accompanied by an affidavit stating:
 (a) the grounds of the application; and
 (b) the facts and circumstances relied on to support those grounds.
 (3) The application and the accompanying affidavit must be served on the party against whom the order is sought at least 14 days before the hearing of the application.
 (4) If an order is made under subrule (1) dismissing part of the proceeding, the proceeding may be continued for that part of the proceeding not disposed of by the order.
 (5) If an order is made under subrule (1) giving judgment for the applicant against the respondent for the whole or part of the applicant's claim, a respondent who has a cross‑claim against the applicant or some other party may:
 (a) continue to prosecute the cross‑claim against the applicant