Div 6Costs orders

Division 6 Costs orders 29 Application for costs order An application for a costs order may be made: (a) at any stage of a proceeding; or (b) within 28 days after the date on which the relevant decree in the proceeding was made; or (c) within any further time allowed by the court. 30 Assessment of costs (1) If the court proposes to make a costs order, the court may assess the amount of costs or security for costs to be paid under the order. (2) For its assessment, the court may obtain, from the person in whose favour the costs order is to be made, an estimate of the person’s costs in the proceeding. (3) The court may make any of the following costs orders: (a) an order that a specific amount be paid by one person to another person; (b) an order that the costs payable be taxed; (c) an order that the costs be paid by a person; (d) an order for security for costs. (4) In ordering a taxation of costs under paragraph (3) (b), the court may give to the taxing officer any directions that the court thinks fit. (5) If the court makes a costs order, the court may: (a) require the costs to be paid without delay, even if the proceeding is not concluded; and (b) specify in the order any other terms and conditions relating to the payment of the costs. 31 Unquantified costs (1) A person is entitled to be paid taxed costs if: (a) the court orders unquantified costs to be paid to the person; or (b) the proceeding is dismissed with costs; or (c) an application is refused with costs; or (d) the person is otherwise entitled under these Rules to be paid unquantified costs. (2) The costs may be taxed without any other order directing taxation. 32 Costs order for specific amount instead of taxed costs If the court makes a costs order under which costs are to be paid to a person, the court may also order that, in respect of the whole or any part of the costs specified in the order, the person is entitled, instead of taxed costs, to: (a) a proportion of the amount specified in the order of taxed costs; or (b) the taxed costs from, or up to, a stage of the proceeding specified in the order; or (c) a gross amount specified in the order; or (d) an amount to be calculated in a manner directed by the court. 33 Costs order for proceeding in other courts (1) This rule applies to a proceeding in the Family Court that: (a) has been transferred from another court; or (b) is on appeal from a decision of another court. (2) The Family Court may make a costs order in respect of the proceeding before the other court. (3) The costs order may: (a) specify the amount to be allowed in respect of the whole or part of the costs; or (b) order that the whole or part of the costs be taxed in accordance with this Order; or (c) order that the whole or part of the costs be taxed, or otherwise quantified, in accordance with the costs rules of the other court.