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Court Procedures Rules
1703Costs—order against non-party
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1703 Costs—order against non-party
(1) Unless these rules otherwise provide, the court must not make an
order for costs in a proceeding against a person who is not a party to
the proceeding except in accordance with subrule (2).
Note For provisions of these rules that otherwise provide, see r 745 (Freezing
orders—costs) and r 755 (Search orders—costs).
Rule 1703
(2) The court may make an order—
(a) for payment by a relator in a proceeding of all or part of the costs
of a party to the proceeding; or
Note A relator is a person who starts and carries on a proceeding in the
Attorney-General’s name. A person may bring a proceeding as
relator with the Attorney-General’s permission (or fiat) where the
proceeding involves the public interest and the person would
otherwise not have standing to bring the proceeding.
(b) for payment by a person of all or part of the costs of a party to a
proceeding that were caused by—
(i) the person’s contravention of an order made by the court in
the proceeding that is binding on the person; or
(ii) the person’s breach of an undertaking given to the court by
the person in the proceeding; or
(c) for payment, by a person who has committed contempt of court
or an abuse of the court’s process, of all or part of the costs of a
party to a proceeding that were caused by the contempt or abuse
of process; or
(d) for costs against a person who purports, without authority, to
conduct a proceeding in the name of someone else; or
(e) for costs against a person who starts or carries on a proceeding,
or purports to do so, as an authorised director of a corporation;
or
(f) of the kind mentioned in rule 1704; or
Costs generally Division 2.17.1
Rule 1704
(g) for costs against a person in the exercise of its supervisory
jurisdiction over its own proceedings and its own officers,
including, for example, an order for costs against legal
practitioners and court-appointed liquidators and receivers.
Note 1 The court may order a legal practitioner to pay all or part of a party’s
costs if the costs are incurred because of the practitioner’s conduct (see
r 1753 (Costs—legal practitioner’s delay etc).
(3) The court may make an order under subrule (2) (g) on its own
initiative if justice requires it.