Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p12
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 12/53)
Character Range: 387432–389956

the proceeding or hearing of the proceeding.
 (7) The court may vary an amount specified in a maximum costs order if, in the court's opinion, there are special reasons and it is in the interests of justice to do so.
Note: A maximum costs order does not affect the power of the court to make an adjustment to the parties' property taking into account their actual legal costs.

12.11  Application for a maximum costs order
 (1) A party may apply for a maximum costs order by filing an Application in a Proceeding supported by an affidavit.
 (2) The affidavit must:
 (a) set out:
 (i) whether the maximum costs order sought is in respect of the proceeding as a whole or a particular issue that has been ordered to be tried separately; and
 (ii) why a maximum costs order should be made; and
 (b) be accompanied by a costs budget setting out:
 (i) the costs incurred by the party to date in the proceeding (including legal costs and any disbursements); and
 (ii) an estimate of the costs that the party is likely to incur at each stage in the future conduct of the proceeding.
 (3) The court may give directions for the determination of the application. The directions may:
 (a) direct any party to the proceedings to file:
 (i) a schedule of costs in the approved form; or
 (ii) written submissions on all or any part of the issues arising from the application; and
 (b) fix a date and time for the hearing of the application; and
 (c) indicate whether the judge hearing the application will sit with an assessor or a Judicial Registrar at the hearing of the application; and
 (d) include such further directions as the court considers appropriate.

12.12  Application to vary a maximum costs order
  An application to vary a maximum costs order must be made by an Application in a Proceeding supported by an affidavit setting out the reasons why the variation sought should be made.

Part 12.5—Orders for costs

12.13  Order for costs
 (1) The court may make an order for costs on its own initiative.
 (2) A party may apply for an order that another person pay costs.
 (3) An application for costs may be made:
 (a) at any stage during a proceeding; or
 (b) by filing an Application in a Proceeding within 28 days after the final order is made.
 (4) A party applying for an order for costs on an indemnity basis 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