A court may not amend a costs order in chambers to add a requirement for payment 'forthwith' without affording the affected party an opportunity to be heard on both the question of reopening the order and the exercise of the costs discretion. Where a party's solicitors write to a judge's associate seeking 'clarification' of a costs order, this enlivens two discretions requiring procedural fairness. The factors identified in Woods v Deputy Commissioner of Taxation (No 2) [2012] TASSC 11 at [15] govern the exercise of the discretion to order interlocutory costs forthwith in Tasmania.
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