Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p3
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 3/23)
Character Range: 173008–175501

caused another party to incur costs that were not necessary for the economic and efficient progress of the proceeding or hearing of the proceeding.
 (3) The Court may vary the maximum costs specified if, in the Court's opinion, there are special reasons and it is in the interests of justice to do so.

22.04  Costs reserved
  If the costs of a motion, application or other proceeding are reserved, the costs reserved follow the event unless the Court otherwise orders.

22.05  Costs if proceedings transferred
 (1) This rule applies if a proceeding is transferred to the Court from the Federal Court.
 (2) If the Federal Court has not made an order for costs, the Court may make an order for costs including costs before the transfer.
 (3) Unless the Federal Court otherwise orders, costs before the transfer must be in accordance with this Part.

22.06  Order for costs against lawyer
 (1) The Court or a Registrar may make an order for costs against a lawyer if the lawyer, or an employee or agent of the lawyer, has caused costs:
 (a) to be incurred by a party or another person; or
 (b) to be thrown away;
because of undue delay, negligence, improper conduct or other misconduct or default.
 (2) A lawyer may be in default if a hearing may not proceed conveniently because the lawyer has unreasonably failed:
 (a) to attend, 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 for costs against a lawyer may be made:
 (a) on the initiative of the Court or Registrar; or
 (b) on application by a party to the proceeding; or
 (c) by another person who has incurred the costs or costs thrown away.
 (4) The order may provide:
 (a) that the costs, or part of the costs, as between the lawyer and party be disallowed; or
 (b) that the lawyer pay the costs, or part of the costs, incurred by the other person; or
 (c) that the lawyer pay to the party or other person the costs, or part of the costs, that the party has been ordered to pay to the other person.
 (5) Before making an order for costs, the Court or Registrar:
 (a) must give the lawyer, and any other person who may be affected by the decision, a reasonable opportunity to be heard; and
 (b) may order that notice of the order, or of any proceeding against the lawyer, be given to a party for whom the lawyer may be acting or any other person.