17DPowers and functions of Costs Court

17D Powers and functions of Costs Court

(1) The Costs Court—

(a) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in all proceedings in the Court;

(b) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—

(i) the County Court;

(ii) the Magistrates' Court;

(iii) VCAT—

if, by or under any Act, the Rules or the Rules of those courts or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;

(c) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in—

(i) the County Court;

(ii) the Magistrates' Court;

(iii) VCAT—

if, by any order of a court or VCAT, costs are to be assessed, settled, taxed or reviewed by the Costs Court;

(d) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in proceedings in the County Court, the Magistrates' Court or VCAT, as the case requires, in which—

(i) there is an entitlement to costs by or under any Act, the Rules of the County Court, the Magistrates' Court or VCAT or arising from an order of the County Court, the Magistrates' Court or VCAT; and

(ii) the amount of those costs has not been fixed by the court or by VCAT;

S. 17D(1)(e) amended by No. 50/2011 s. 46(Sch. item 14.1).

(e) has jurisdiction to hear and determine the assessment, settling, taxation or review of costs in an arbitration, subject to the Commercial Arbitration Act 2011;

S. 17D(1)(ea) inserted by No. 17/2014 s. 160(Sch. 2 item 93.2(a)).

(ea) must conduct costs assessments under Division 7 of Part 4.3 of the Legal Profession Uniform Law (Victoria);

(f) must hear and determine costs reviews under Division 7 of Part 3.4 of Chapter 3 of the Legal Profession Act 2004;

Note to S. 17D(1)(f) inserted by No. 17/2014 s. 160(Sch. 2 item 93.2(b)).

See clause 18 of Schedule 4 to the Legal Profession Uniform Law (Victoria).

(g) must hear and determine any reviews under Division 5 of Part 4 of the Legal Practice Act 1996;

See clause 3.1 of Part 3 of Schedule 2 to the Legal Profession Act 2004.

(h) has any other jurisdiction in relation to costs given to it—

(i) by or under this Act or any other Act; or

(ii) by the Rules; or

(iii) by the Rules of another court or of a tribunal.