Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.13

Order for costs

             (1)  The court may make an order for costs on its own initiative.

             (2)  A party may apply for an order that another person pay costs.

             (3)  An application for costs may be made:

                     (a)  at any stage during a proceeding; or

                     (b)  by filing an Application in a Proceeding within 28 days after the final order is made.

             (4)  A party applying for an order for costs on an indemnity basis must inform the court if the party is bound by a costs agreement or costs agreements in relation to those costs and, if so, the terms of the costs agreement or costs agreements.

             (5)  In making an order for costs in a proceeding, the court may set a time for payment of the costs, which may be before the proceeding is concluded.

Note 1:       Section 117(1) of the Family Law Act provides that, as a general rule, each party to family law proceedings shall bear the party's own costs. Section 117(2) of that Act provides that the court may, subject to subsections 117(2A), (4), (4A), (5) and (6) of that Act and the applicable Rules of Court, make such order as to costs as the court considers just, if the court is of the opinion that there are circumstances that justify it in doing so.

Note 2:       A party may apply for an order for costs within 28 days after the filing of a notice of discontinuance by the other party (see rule 10.03).

Note 3:       A party may apply for an extension of time to make an application (see rule 15.06).

Note 4:       For costs orders related to appeals, see Part 13.10.



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