Court Procedures Rules 2006

For assessing costs under this part, unless the court otherwise orders, a solicitor is entitled to charge, and be allowed, the costs under the prescribed scale of costs for work done for or in a proceeding in the court, multiplied by the prescribed percentage.

The Civil Law (Wrongs) Act 2002, s 181 (Maximum costs for claims of $50 000 or less) limits costs in relation to a claim for personal injury damages if $50 000 or less is recovered, if the cause of action arose after 1 January 2003 or the party and the party’s solicitor had an agreement about costs before 1 January 2003 (see Civil Law (Wrongs) Act 2002, s 224 (expired)).

The costs under the prescribed scale of costs for work done are inclusive of any GST payable in relation to the work.

However, the costs payable to a party are reduced by the amount of any input tax credit for GST to which the party is entitled in relation to the party’s costs.

In this rule:

for a proceeding in the Supreme Court—100%; or

for a proceeding in the Magistrates Court—

if the relevant amount is less than $10 000—33%; or

if the relevant amount is not less than $10 000 but less than $25 000—67%; or

if the relevant amount is not less than $25 000 but less than $40 000—80%; or

if the relevant amount is not less than $40 000 but less than $50 000—90%; or

if the relevant amount is not less than $50 000—100%.