Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 40.51

Maximum costs in a proceeding

             (1)  A party may apply to the Court for an order specifying the maximum costs as between party and party that may be recovered for the proceeding.

Note:          Costs as between party and party is defined in the Dictionary.

             (2)  An order made under subrule (1) will not include an amount that a party is ordered to pay because the party:

                     (a)  has failed to comply with an order or with these Rules; or

                     (b)  has sought leave to amend pleadings or particulars; or

                     (c)  has sought an extension of time for complying with an order or with any of these Rules; or

                     (d)  has not conducted the proceeding in a manner to facilitate a just resolution as quickly, inexpensively and efficiently as possible, and another party has been caused to incur costs as a result.



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