Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p22
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 22/53)
Character Range: 410885–413488

to be done under these Rules or an order.
Example:  For the purposes of paragraph (h), an issue that may be referred to a professional regulatory body is if the lawyer grossly overcharged a client or failed to disclose an important issue.
 (2) On being satisfied that the time for reviewing a costs assessment order has passed, the Judicial Registrar must:
 (a) determine how any amount paid as security for the costs of assessment is to be distributed or refunded; and
 (b) order that the payment be made out of court.

12.47  Assessment principles
 (1) A Judicial Registrar must not allow costs that, in the opinion of the Registrar:
 (a) are not fair and reasonable; or
 (b) are not proportionate to the issues in the proceeding.
 (2) If the court has ordered costs on an indemnity basis, the Judicial Registrar must allow all costs reasonably incurred and of a reasonable amount having regard to, among other things:
 (a) the scale of costs in Schedule 3; and
 (b) any costs agreement between the party to whom costs are payable and the party's lawyer; and
 (c) charges ordinarily payable by a client to a lawyer for the work.
 (3) In assessing costs as between party and party, a Judicial Registrar must not allow:
 (a) costs incurred because of improper, unnecessary or unreasonable conduct by a party or a party's lawyer; or
 (b) costs for work (of a kind or amount) that was not reasonably required to be done for the proceeding; or
 (c) unusual expenses.

12.48  Allowance for matters not specified
 (1) A Judicial Registrar may allow a reasonable sum for work properly performed that is not specifically provided for in Schedule 3.
 (2) In considering whether to allow an amount for costs or an expense, the Judicial Registrar may consider the following:
 (a) any other fees paid or payable to the lawyer and counsel for work to which a fee or allowance applies;
 (b) the complexity of the proceeding;
 (c) the amount or value of the property or financial resource involved;
 (d) the nature and importance of the proceeding to the party concerned;
 (e) the difficulty or novelty of the matters raised in the proceeding;
 (f) the special skill, knowledge or responsibility required, or the demands made, of the lawyer by the proceeding;
 (g) the conduct of all the parties and the time spent on the proceeding;
 (h) the place where, and the circumstances in which, work or any part of it was done;
 (i) the quality of work done and whether the level of expertise was appropriate to the nature of the work;
 (j) the time in which the work was required to be done.

12.49  Neglect or delay before