To commence a Party-Party proceeding in the Costs Court and to obtain a hearing date, the party initiating the taxation must first email a completed Party-Party Taxation Information Form to:
pbfgf.pbheg@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@truoc.stsoc
The Registry will notify the applicant of the next available date for mediation, assessment or in some cases a directions hearing (usually where a party is not represented). The applicant must then file the following documents and pay the requisite filing fee:
- 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).
Once the documents are filed, the matter will be listed for:
- An assessment in chambers if the amount bill is less than $100,000.
- A mediation if the amount in the bill exceeds $100,000.
If a party is self-represented, the matter may be listed for a directions hearing.
Party-Party costs arise when a litigant must pay the costs of their 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 or decided by the Costs Court if parties cannot agree.
Please see below for full details for each category.
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.
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