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Costs orders under the costs orders under the civil

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Costs Orders under the  Costs Orders under the  Civil  Civil  Procedure Act  Procedure Act  2010 2010 Part 2.4 – Sections for Contravening the Overarching Obligations s28(2) … in exercising its discretion as to costs, a court may take into account any contravention of the overarching obligations. s29 Court may make certain orders (1) If a court is satisfied that, on the balance of probabilities, a person has contravened any overarching obligation, the court may make any order it considers appropriate in the interests of justice including, but not limited to— (a) an order that the person pay some or all of the legal costs or other costs or expenses of any person arising from the contravention of the overarching obligation; (b) an order that the legal costs or other costs or expenses of any person be payable immediately and be enforceable immediately; [etc]
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Costs Orders under the  Costs Orders under the  Civil  Civil  Procedure Act  Procedure Act  2010 2010 Part 4.1 Certification Requirements on Commencement of Civil Proceedings s46 Court may take failure to comply into account A court may take into account any failure by a person to comply with any certification requirement under this Part— (a) in determining costs in the proceeding generally; [etc…]
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Costs of interlocutory procedures:  some possible orders Costs reserved Question of costs of interlocutory proceedings is deferred until the proceeding is finalised No order as to costs Parties bear own costs of a hearing Costs in the cause Costs are to be borne by the party that ultimately loses the action Costs thrown away Costs wasted because steps already taken became pointless to be borne by the party that caused them to become pointless.
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Quantum of costs   If no specific order as to amount of costs, and parties cannot agree, then the matter goes to the Costs Court for “taxation” Initiated by Summons: r.63.38 Bill of costs in specific form must be filed and served Parties to appear before the Costs Court (Associate Judge)
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Determining Quantum All courts have ‘Scales of Costs’ See SCR – Appendix A (as amended by Supreme Court (Chapter 1 Scale of Costs Amendment) Rules 2011 – in operation from 1 January 2012 Amounts are set for specific tasks, e.g.: Receiving instructions to institute proceedings - $253 Receiving instructions to make or oppose an interlocutory application - $61 Preparing a subpoena - $73 Drafting letter making appointment or enclosing a document - $18 Drafting ordinary letter - $32 Drafting special letter $42 Bears no resemblance to what solicitors actually charge!
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Conclusion Costs are critical to whether litigation is ultimately perceived as successful by a client. Therefore need to ALWAYS be focusing on cost implications of every aspect of litigation.
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