Court Procedures Rules 2006

The court may order that the costs of anything done, or any document prepared or used, in a proceeding be disallowed completely or partly if it considers—

for something done—any of the following:

that doing the thing was, completely or partly, improper, vexatious or unreasonable;

that the thing was done because of misconduct or negligence;

that doing the thing caused unnecessary expense; or

for a document—any of the following:

that the document was, completely or partly, improper, vexatious or unreasonable;

that the document was prepared or used because of misconduct or negligence;

that the document was unnecessarily lengthy;

if there is an approved form for a document—that the document substantially departs from the approved form.

Note Pt 6.2 (Applications in proceedings) applies to an application for an order or direction under this rule.

The court may direct the registrar to consider anything done, or any document prepared or used, in a proceeding, and to disallow, completely or partly, the costs of the thing or document, or to assess costs as a lump sum, if the registrar considers—

for something done—any of the following:

that doing the thing was, completely or partly, improper, vexatious or unreasonable;

that the thing was done because of misconduct or negligence;

that doing the thing caused unnecessary expense; or

for a document—any of the following:

that the document was, completely or partly, improper, vexatious or unreasonable;

that the document was prepared or used because of misconduct or negligence;

that the document was unnecessarily lengthy;

if there is an approved form for a document—that the document substantially departs from the approved form.

Note Rule 6144 (Rejecting document—costs) provides that costs incurred by a party in relation to a document rejected under div 6.3.3 may be disallowed on assessment of the party’s costs.