Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p134
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 134/154)
Character Range: 535879–538376

rules or an order of the Court; or
 (b) the lawyer:
 (i) incurs costs improperly or without reasonable cause; or
 (ii) incurs costs that are unnecessary or wasteful; or
 (iii) is guilty of undue delay.
Note 1: Lawyer is defined in the Dictionary.
Note 2: For the duty of a party's lawyer to assist the party to conduct proceedings in accordance with the overarching purpose of the Act, see section 37N(2) of the Act.
Note 3: For the power of the Court to order a lawyer to pay costs if the lawyer fails to comply with the duty under section 37N(2) of the Act, see section 37N(4) of the Act.

40.08  Reduction in costs otherwise payable
  A party other than in a proceeding under the Admiralty Act 1988 may apply to the Court for an order that any costs and disbursements payable to another party in the proceeding be reduced by an amount to be specified by the Court if:
 (a) the applicant has claimed a money sum or damages and has been awarded a sum of less than $100 000; or
 (b) the proceeding (including a cross‑claim) could more suitably have been brought in another court or tribunal.
Rules 40.09 – 40.11 left blank

Division 40.2—Taxation of costs

40.12  Application of Division 40.2 and 40.3
  If an order is made in favour of a party for payment of the party's costs, the costs must be taxed in accordance with this Part, unless the amount of costs is agreed between the parties to the order.

40.13  Taxation of costs awarded on an interlocutory application
  If an order for costs is made on an interlocutory application, the party in whose favour the order is made must not tax those costs until the proceeding in which the order is made is finished.
Note: The Court may order that costs of an interlocutory application be taxed immediately.

40.14  Order for taxation not required
  If these Rules or an order of the Court entitle a party to costs, the party may have those costs taxed without an order directing taxation.

40.15  Failure to file bill of costs
 (1) If a party entitled to costs does not file a bill in accordance with this Division within a reasonable time of being entitled to do so, any party who is liable to pay those costs and is prejudiced as a result, may apply to the taxing officer:
 (a) to certify the costs; or
 (b) to allow a nominal or other sum by way of costs.
Note: Taxing officer is defined in the Dictionary.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the prejudice said to be suffered.
Note: Bill is defined