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LOCAL COURT RULES 2009 - REG 2.9 Costs

LOCAL COURT RULES 2009 - REG 2.9

Costs

2.9 Costs

(1) In this rule, costs include fees, disbursements, expenses and remuneration.
(2) The Court may make orders for the payment of costs only in the following circumstances--
(a) if proceedings are discontinued or dismissed, or a defence is struck out, at a pre-trial review or at a hearing,
(b) if proceedings are adjourned as a consequence of a party's default or neglect, including a party's failure to comply with a direction of the Court,
(c) if proceedings on a motion are heard by the Court,
(d) if judgment is given after a trial of proceedings.
(3) The maximum amount of costs that may be awarded to a party under subrule (2) is--
(a) in the circumstances referred to in subrule (2)(a), (b) or (c)--the amount of costs that would be allowable on entry of default judgment for a liquidated claim in the proceedings, and
(b) in the circumstances referred to in subrule (2)(d)--the amount of costs that would be allowable on entry of default judgment for an unliquidated claim in the proceedings.
(3A) Despite subrule (3)(b), the maximum amount of costs that may be awarded to the party under subrule (3)(b) is increased by 25% if the Court considers that--
(a) the party made a genuine offer to compromise on the claim that was not accepted by the other party, and
(b) it was unreasonable for the other party not to have accepted the offer.
(4) Despite subrule (2), the Court may also allow costs for the following--
(a) matters for which costs are fixed by a fixed costs legislative provision within the meaning of the Legal Profession Uniform Law (NSW) ,
(b) court and service fees,
(c) fees for expert opinion reports (limited to a maximum of $350 for each report),
(d) search fees,
(e) costs in relation to, or arising out of, the issue of a subpoena.