Report on litigious costs

The Report is the result of a review conducted by the Hon Justice Jack Forrest and her Honour Kathryn Kings.

The Report recommends significant changes to the basis on which costs awarded to the successful party in civil proceedings in the Courts are calculated. These recommendations have been endorsed by the Supreme Court and County Court and will now proceed to further consultation around implementation.

The changes will provide a method of costs assessment that is transparent to lawyers and clients, encourages certainty and predictability, is cost effective and efficient to apply and reflects the principle of compensation for the successful party.

The changes will occur in two stages. The first stage replaces the current complex and outdated ‘scale of costs’ approach with a more straightforward time-based system similar to that used in New South Wales.

The second stage will introduce fixed recoverable costs for matters where costs are reasonably predictable, and a costs budgeting approach for more complex matters. This aims to provide greater certainty and transparency for litigants.

The Courts are committed to ensuring that the plans for implementation take into account the preparation that needs to occur in the Courts and the legal profession and how best to transition to each stage of reform.

Enquiries can be directed to fhozvffvbaf@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@snoissimbus .

Tuesday, 23 August 2022