Party-Party costs occur when one party in a case must pay the costs of the opposing party.
A court or tribunal can order that costs be paid by one party to another.
The amount can be agreed between the parties. If the parties cannot agree on the costs, the Costs Court can decide the amount.
1. How to start a proceeding
To start a Party-Party proceeding in the Costs Court, the party initiating the taxation must:
- Complete the Party-Party Taxation Information Form.
- Email the completed form to pbfgf.pbheg@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@truoc.stsoc to get a hearing date.
If a party wants to apply to the Costs Court for an order for a gross sum instead of taxed costs, or the Court has ordered for gross sum costs, they must file a Gross Sum Information Form.
2. After an application is filed
The registry will notify the applicant of the next available date for mediation, assessment, or directions hearing.
We list a directions hearing:
- where a party has applied for a gross sum instead of taxed costs
- under an order for gross sum costs made by the Court
- where there is an unrepresented party.
3. File documents and pay the fee
Once a hearing date is set, the applicant must file specific documents and pay the required filing fee.
For taxed costs
- Summons for Taxation of Costs
- Bill of costs
- Party-Party Taxation Information Form
- a copy of the costs order or a Deed of Release (if applicable).
When there is a court order for gross sum costs
- Summons for Gross Sum Costs Order
- a schedule of invoices which form the basis of the claim for costs (a bill in taxable form is not needed)
- Gross Sum Information Form
- a copy of the Court’s gross sum costs order.
When applying for gross sum costs instead of taxed costs
- Summons for Gross Sum Costs Order
- a schedule of invoices which form the basis of the claim for costs (a bill in taxable form is not needed)
- Gross Sum Information Form
- an affidavit stating the matters that the entitled party is relying on to justify the proceeding through a gross sum determination
- a copy of the order for taxed costs.
4. How the Court will proceed with your matter
Once the documents are filed, the matter will usually be listed for one of the following:
- An assessment in chambers if the amount claimed in the bills is less than $100,000.
- A mediation if the amount claimed in the bill exceeds $100,000.
- A directions hearing if the application is for a gross sum costs order.
The matter may be listed for a directions hearing if there is a self-represented party.
You may consider representing yourself in a party-party costs dispute before the Costs Court. The law in respect of cost matters can be complex and technical. It is recommended that you seek legal advice from either a lawyer or a specialist costs lawyer/consultant.
| PLEASE NOTE Legal proceedings in the Supreme Court can be very expensive. |
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If you choose to represent yourself in a taxation hearing, please review the Practice Note SC GEN 11 Costs Court (Third Revision) thoroughly.
Bills claiming costs and disbursements of less than $100,000 will be listed for an assessment in chambers (in the absence of the parties) pursuant to Part 8 of Order 63 of the Supreme Court (General Civil Procedure) Rules 2015.
The applicant will be given details of the assessment procedure in the assessment notice when the Summons for Taxation and bill of costs is filed. The applicant must include this information when serving the Summons and bill of costs.
Where the Party-Party Taxation Information Form states that the respondent will be self-represented, the matter will be listed in the next available directions hearing, unless the applicant informs the Court of some special reason that the matter can be assessed.
Please refer to Practice Note SC GEN 11 Costs Court (Third Revision) for full details.
Bills claiming costs and disbursements of over $100,000 will be listed for mediation pursuant to Order 50.07.1, 57.07.02 and 50.07.4 of the Supreme Court (General Civil Procedure) Rules 2015 approximately six weeks after filing the Summons for Taxation and Bill of Costs.
Bills of costs listed for mediation are listed for between 1 hour and 3 hours depending on the advice given by the practitioner as to the complexity of the matter.
Where the Party-Party Taxation Information Form states that the respondent will be self-represented, the matter will be listed in the next available directions hearing, unless the applicant informs the Court of some special reason that the matter can be mediated.
Please refer to Practice Note SC GEN 11 Costs Court (Third Revision) for full details.
The Court may order that a party will be entitled to a gross sum instead of taxed costs or to a sum relating to costs to be determined by the Court, under r 63.07(3)(c) and (d) of the Supreme Court (General Civil Procedure) Rules 2015 (‘Rules’).
Unless the Court orders otherwise, any party can also apply to the Costs Court for an order for a gross sum instead of taxed costs under r 63.07(3) of the Rules.
Gross sum costs orders are designed to avoid the expense, delay and aggravation that can occur in large-scale taxation involving complex and sizeable claims. The party applying for gross sum costs must satisfy the Costs Court that a gross sum determination is more appropriate than taxed costs.
A party applying for a gross sum costs order should read SC GEN 11 Costs Court (Third Revision) for details on the procedure to be followed.
All other matters including reviews of costs under Legal Profession Legislation will be called over before the Judicial Registrar.
Please refer to Practice Note SC GEN 11 Costs Court (Third Revision) for full details.
Practice Notes
- Practice Note SC GEN 11 Costs Court (Third Revision)
- Notice to the Profession - Costs Court
Forms
A fee is payable in the Party-Party costs dispute unless you have a fee waiver.
Unless otherwise specified, the rules referenced in this section refer to the Supreme Court (General Civil Procedure) Rules 2015.
- There is a 14-day time limit to seek a review or reconsideration.
- To review a taxation decision in proceedings issued prior to 1 October 2018, Rules 63.56.1 to 63.57 apply.
- To review a taxation decision in proceedings issued on or after 1 October 2018, Rules 63.90 to 63.107 apply.
- If the taxation of costs is conducted by a Costs Registrar, the review is conducted by a Judicial Registrar (Rule 63.91 or Rule 63.56.2(2)).
- If a decision in a costs dispute is made by a Costs Registrar, the review is generally conducted by a Judicial Registrar.
- If a decision in a costs dispute is made by a Judicial Registrar, the review is conducted by a Costs Judge.
- If a decision in a costs dispute is made by a Costs Judge, the review is conducted by a Judge of the Supreme Court.
Phone: +61 (03) 8600 2155
Email:
pbfgf.pbheg@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@truoc.stsoc