Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 29.13

             (1)  The Court may, in relation to a proceeding that is concluded, order an unsuccessful party to the proceeding to pay the costs of a successful party in accordance with Division 1 of Part 2 of Schedule 2.

             (2)  If:

                     (a)  the applicant files a notice of discontinuance in a proceeding in which a respondent has sought costs in the response; and

                     (b)  the applicant does not file with the notice an application in respect of costs;

a Judge or a Registrar may, without hearing the parties, make an order in chambers in accordance with Division 2 of Part 2 of Schedule 2 for the costs of the respondent.

             (3)  This rule does not limit a party's right to apply, under Part 22, for an order as to costs of the application.

Note 1:       See Division 13.1 of these Rules in relation to discontinuance.

Note 2:       See section 136 of the Act in relation to the exercise of jurisdiction in chambers.