Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 63.01

Definitions and application

    (1)     In this Order, unless the context or subject matter otherwise requires—

"bill" means bill of costs, account, or statement of charges;

"costs" includes disbursements and reasonable costs of recording and transcript;

"order" includes judgment;

"party" includes—

        (a)     a person not a party to a proceeding by or to whom costs in respect of the proceeding are payable by or under any Act or these Rules or any order of the Court;

        (b)     in the case of a proceeding in another court or before a tribunal or an arbitration, a person whether or not a party to that proceeding or arbitration by or to whom costs in respect of the proceeding or arbitration are payable where by or under any Act or these Rules or any order of the Court the costs are to be taxed in the Court or the Costs Court;

"taxation" or taxation of costs means the assessment, settling, taxation or review of costs;

"taxed costs" means costs taxed in accordance with this Order;

"trustee" includes an executor of a will and an administrator of the estate of a deceased person.

    (2)     In this Order, unless the context or subject matter otherwise requires—

        (a)     references to a Costs Judge or an Associate Judge who is a Costs Judge include references to another officer of the Court conducting a taxation of costs under this Order;

        (b)     references to a fund, being a fund out of which costs are to be paid, or being a fund held by a trustee, include references to any property held for the benefit of any person or class of persons (including the assets of a company in liquidation), or held on trust for any purpose;

        (c)     references to a fund held by a trustee include references to any property to which the person is entitled as trustee, whether alone or together with any other person and whether the property is for the time being in the possession of the trustee or not.

    (3)     This Order applies—

        (a)     to costs payable or to be taxed under these Rules or any order of the Court;

        (b)     to costs to be taxed in the Court or the Costs Court under any Act; and

        (c)     to costs to be taxed in the Costs Court under Rule 63.01.1 or under the rules of, or under any order or decision of, the County Court, the Magistrates' Court or VCAT.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback