Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p53
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 125007–127561

cause.

50.04  Order for proportion of costs
  Where the Court or a Justice awards costs to a party, the Court or Justice may direct payment of only a proportion of the costs determined in accordance with these Rules.

50.05  Default by practitioners
50.05.1  Where a hearing cannot conveniently proceed because counsel or the solicitor for a party:
 (a) has neglected to attend personally or by some proper person; or
 (b) has omitted to deliver a document necessary for the use of the Court or a Justice and which, according to the practice of the Court or these rules, ought to have been delivered;
the Court or a Justice may order the counsel or solicitor concerned personally to pay some or all of the costs incurred by some or all of the parties.
50.05.2  The Court or a Justice may, after reference to and report by the Taxing Officer, order counsel or a solicitor to repay to a client costs ordered to be paid by that client to another party where those costs were incurred by that party in consequence of the delay or misconduct of the counsel or solicitor.

Part 51—Costs of interlocutory applications

51.01  Costs reserved
  Where the costs of an application are reserved by the Court or a Justice, and no order is later made directing by and to whom those costs are to be paid, the costs shall be costs in the cause.

51.02  Costs of applications in a matter
51.02.1  Unless the Court or a Justice otherwise orders, the costs of an application in a matter shall be part of the costs of the cause of the party in whose favour the application is determined unless the application is unopposed.
51.02.2  Where an application in a matter is unopposed, the costs of both parties shall be part of their costs of the cause unless the Court or a Justice otherwise orders.

51.03  Interlocutory costs included in final judgment
51.03.1  All costs to which a party is entitled under an interlocutory order made in a matter shall be included in the final judgment when it is entered, unless the costs have then been paid.
51.03.2  An order for costs of an interlocutory proceeding shall not entitle a party, unless the Court or a Justice otherwise orders, to have the costs taxed until the principal proceeding in which the interlocutory order is made is concluded.

Part 52—Scale of costs

52.01  Fixed costs
  Subject to these Rules, where the Court or a Justice orders that costs fixed in an amount specified in the order or in these Rules are to be paid:
 (a) those costs shall not be taxed; and
 (b) the solicitor for the party in whose favour