Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p8
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 8/53)
Character Range: 377863–380380

Order for security for costs
  If the court orders a party to give security for costs, the court may also order that, if the security is not given in accordance with the order, the application or response of the party be stayed.

12.04  Finalising security
 (1) Security for costs may be applied in satisfaction of any costs ordered to be paid.
 (2) Security for costs may be discharged by order.
 (3) If security for costs is paid into court, the court may order that it be paid out of court.

Part 12.3—Costs disclosure obligations
Note: Nothing in this Part derogates from a legal practitioner's costs disclosure obligations under State or Territory legislation.

12.05  Duty to inform about costs
 (1) If an offer to settle is made during a property proceeding, the lawyer for each party must tell the party who the lawyer represents:
 (a) the party's actual costs, both paid and owing, up to the date of the offer to settle; and
 (b) the estimated future costs to finalise the proceeding;
to enable the party to estimate the amount the party will receive if the proceeding is settled in accordance with the offer to settle, after taking into account costs.
 (2) In this rule:
lawyer does not include counsel instructed by another lawyer.

12.06  Costs notices
 (1) Unless the court otherwise orders, this rule applies to all court events, except in an appeal to which Chapter 13 applies.
 (2) Not less than 1 day before each court event, the lawyer for a party must give the party a written notice of:
 (a) the party's actual costs, both paid and owing, up to and including the event; and
 (b) the estimated future costs of the party up to and including each future court event; and
 (c) any expenses paid or payable to an expert witness or, if those expenses are not known, an estimate of the expenses.
 (3) Not less than 1 day before each court event:
 (a) a party's lawyer must file with the court, and serve on each other party, a copy of the notice given to the party under subrule (2); and
 (b) an unrepresented party must file with the court, and serve on each other party, a written statement of:
 (i) the actual costs incurred by the party up to and including the event; and
 (ii) the estimated future costs of the party up to and including each future court event.
 (4) If a party is receiving legal aid:
 (a) subrule (2) and paragraph (3)(a) do not apply to the party's lawyer; and
 (b) not less than 1 day before the first day of the trial, the party's lawyer must file with the court, and serve on