CPA - Court powers as to costs

Question 1

65A Order to legal practitioner as to length and costs of trial

Answer 1

At any stage in a proceeding, a court may order that a legal practitioner acting for a party prepare a memorandum in respect of each of the following matters:

• the estimated LENGTH of the TRIAL; or
• the estimated COSTS and disbursements in relation to the trial; or
• the estimated COSTS that party would have to pay to any other party IF THEY DID NOT SUCCEED at trial.

The court may order that this memorandum be given to the court or a party or both.

Question 2

65B Order to legal practitioner as to length and costs of the proceeding

Answer 2

A court may also order a party’s legal practitioner to prepare and GIVE THEIR CLIENT a memorandum addressing these matters:

• the ACTUAL COSTS and disbursements incurred in all or part of the proceeding
• the ESTIMATED COSTS and disbursements for all or part of the proceeding
• the estimated costs party would be liable to any other party for IF UNSUCCESSFUL at trial
• the estimated LENGTH of all or part of the proceeding.

Question 3

65C Other costs orders

Answer 3

The court may make any order as to costs which it considers appropriate to further the overarching purpose. In addition to any other costs power the court may have.

An order under s65C(1) may be made at any time and in relation to any aspect of a proceeding including, but not limited to, any interlocutory proceeding.