Costs Procedure Flashcards
What are fixed costs in legal proceedings?
Amounts determined by rules that specify how much one party must pay for the other party’s costs
When do fixed costs apply to small claims, fast track and intermediate track cases?
From 1 October 2023
What tracks have a complexity band?
Fast track and intermediate track
How many complexity bands in fast track and intermediate track?
4
What does the complexity band determine?
It determines the amount of fixed costs that can be recovered
What happens if costs do not fall under fixed costs regime?
Court will be involved with decision and calculation
When does court’s assessment of costs get involved?
Where parties are unable to agree on the amount of costs
What are the two alternative procedures for assessment of costs?
Summary and detailed
What is summary assessment?
Determine costs immediately at end of hearing. Parties must prepare a statement of costs. Court will review and hear short submissions
Do statement of costs get served on other parties? When?
24 hours before time fixed for hearing
When should court generally use summary assessment procedure?
In fast track cases at end of trial. At end of hearing of interim application
What is a detailed assessment?
A more complex procedure
What is the procedure of a detailed assessment?
1) Receiving party serves notice of commencement and copy of bill of costs on paying party.
2) Points of dispute should be served on receiving party within 21 days of notice of commencement.
3) If no agreement, receiving party files request for detailed assessment hearing
What is relevant to consideration of costs?
Respective budgets and costs management procedure
