Magistrates Court (Civil Division) Rules 1998
148Assessment of costs
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148 Assessment of costs
(1) [Rule 148 Subrule (1) amended by S.R. 2003, No. 17, Applied:09 Apr 2003] On the filing of a notice of objection under rule 147 , a registrar is to fix, and give notice in writing to the parties of, a date, time and place for an assessment of costs.
(2) At an assessment of costs, the Court or a registrar may –
(a) assess costs; and
(b) [Rule 148 Subrule (2) amended by S.R. 2003, No. 17, Applied:09 Apr 2003] allow costs in respect of the assessment, including an allowance for the impact of the GST, within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
(3) An assessment of costs may proceed in the absence of any party.
(4) If the disallowed costs represent one-sixth or more of the allowed costs as specified in the certificate of assessment –
(a) the successful party is not entitled to any costs in respect of the assessment; and
(b) costs in respect of the assessment may be awarded to an unsuccessful party.