Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A party may apply for a maximum costs order by filing an Application in a Proceeding supported by an affidavit.
(2) The affidavit must:
(a) set out:
(i) whether the maximum costs order sought is in respect of the proceeding as a whole or a particular issue that has been ordered to be tried separately; and
(ii) why a maximum costs order should be made; and
(b) be accompanied by a costs budget setting out:
(i) the costs incurred by the party to date in the proceeding (including legal costs and any disbursements); and
(ii) an estimate of the costs that the party is likely to incur at each stage in the future conduct of the proceeding.
(3) The court may give directions for the determination of the application. The directions may:
(a) direct any party to the proceedings to file:
(i) a schedule of costs in the approved form; or
(ii) written submissions on all or any part of the issues arising from the application; and
(b) fix a date and time for the hearing of the application; and
(c) indicate whether the judge hearing the application will sit with an assessor or a Judicial Registrar at the hearing of the application; and
(d) include such further directions as the court considers appropriate.