Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p14
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 14/53)
Character Range: 391951–394469

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 proceed.
 (3) An order under subrule (1) may be made on the initiative of the court, or on application by a party to the proceeding or by another person who has incurred the costs or costs thrown away.
 (4) An order under subrule (1) may include an order that the lawyer:
 (a) not charge the lawyer's client for work specified in the order; or
 (b) repay money that the client has already paid towards those costs; or
 (c) repay to the client any costs that the client has been ordered to pay to another party or another person; or
 (d) pay the costs of a party; or
 (e) repay another person's costs found to be incurred or wasted.

12.16  Notice of costs order
 (1) Before making an order for costs against a lawyer or other person who is not a party to a proceeding, the court must give the lawyer or other person a reasonable opportunity to be heard.
 (2) If a party who is represented by a lawyer is not present when an order is made that costs are to be paid by the party or the party's lawyer, the party's lawyer must give the party written notice of the order and an explanation of the reason for the order.

Part 12.6—Calculation of costs

12.17  Method of calculation of costs
 (1) The court may order that a party is entitled to costs:
 (a) of a specific amount; or
 (b) as assessed on a particular basis (for example, party and party, solicitor and client or indemnity); or
 (c) to be calculated in accordance with the method stated in the order; or
 (d) for part of the proceeding, or part of an amount, assessed in accordance with Schedule 3.
 (2) If costs are payable under the Family Law Act or these Rules, or the court orders that costs be paid and does not specify the method for their calculation, the costs are to be assessed on a party and party basis.
 (3) In making an order under subrule (1), the court may consider the following:
 (a) the importance, complexity or difficulty of the issues;
 (b) the reasonableness of each party's behaviour in the proceeding including by having regard to the matters set out in subrule 12.08(2);
 (c) the rates ordinarily payable to lawyers in comparable proceedings;
 (d) whether a lawyer's conduct has been improper, unfair, unreasonable or disproportionate;
 (e) the time properly spent on the proceeding, or in complying with pre‑action