Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p15
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 15/53)
Character Range: 394196–396799

set out in subrule 12.08(2);
 (c) the rates ordinarily payable to lawyers in comparable proceedings;
 (d) whether a lawyer's conduct has been improper, unfair, unreasonable or disproportionate;
 (e) the time properly spent on the proceeding, or in complying with pre‑action procedures;
 (f) whether expenses (paid or payable) are fair, reasonable and proportionate.

12.18  Maximum amount of party and party costs recoverable
 (1) This rule sets out the maximum amount of party and party costs a person may recover:
 (a) if the court orders that costs are to be paid and does not fix the amount by means of a maximum costs order made under rule 12.10 or otherwise; and
 (b) if a person is entitled to costs under these Rules.
 (2) The maximum amount of costs that a person may recover under this rule is as follows:
 (a) for fees—an amount calculated in accordance with Schedules 2 and 3;
 (b) for an expense referred to in Schedule 2 (other than item 101 of Part 1)—the amount specified in that Schedule for that expense;
 (c) for any other expenses—a reasonable amount.

12.19  Interest on outstanding costs
  Interest is payable on outstanding costs at the rate referred to in rule 10.17.

Part 12.7—Specific costs matters

12.20  Costs in court of summary jurisdiction
  A party cannot recover from another party costs, for work done by a lawyer in a court of summary jurisdiction, that are more than 80% of the amount referred to in Schedule 3 that may be charged for the work.

12.21  Charge for each page
 (1) A lawyer may charge the amount specified in Schedule 3 for a document only if it complies with the requirements for documents in rule 2.14.
 (2) For the purposes of Schedule 3, the calculation of the number of words in a document excludes words that are part of:
 (a) an approved form; or
 (b) a document in a form approved by the Chief Executive Officer.

12.22  Proportion of costs
  If the scale in Schedule 3 provides for an amount to be charged that is based on time or number of words, the amount to be charged is an amount that is proportionate to the time or number of words actually taken or written.

12.23  Costs for reading
  If it is reasonable for a lawyer to read more than 50 pages for a proceeding, the amount to be charged under item 104 in Schedule 3 is at the discretion of a Judicial Registrar.

12.24  Postage within Australia
  The charge referred to in Schedule 3 for producing a document (including a letter) includes an allowance for:
 (a) preparing one file copy of the document; and
 (b) postage of the document in Australia.

12.25  Waiting and travelling