Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 19.34

Assessment principles

             (1)  A Registrar must not allow costs that, in the opinion of the Registrar:

                     (a)  are not reasonably necessary for the attainment of justice; and

                     (b)  are not proportionate to the issues in the case.

             (2)  If the court has ordered costs on an indemnity basis, the Registrar must allow all costs reasonably incurred and of a reasonable amount, having regard to, among other things:

                     (a)  the scale of costs in Schedule 3;

                     (b)  any costs agreement between the party to whom costs are payable and the party's lawyer; and

                     (c)  charges ordinarily payable by a client to a lawyer for the work.

             (3)  When assessing costs as between party and party, a Registrar must not allow:

                     (a)  costs incurred because of improper, unnecessary or unreasonable conduct by a party or a party's lawyer;

                     (b)  costs for work (in type or amount) that was not reasonably required to be done for the case; or

                     (c)  unusual expenses.



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