Public interest costs order
38.10 Public interest costs order
(1) A party may apply to the Court at any stage of proceedings, including at the commencement, for a public interest costs order under this rule.
The applicant must satisfy the Court that the proceedings:
(a) will determine, enforce or clarify an important right or obligation affecting the community or a significant sector of the community;
(b) will affect the development of law generally and may reduce the need for further litigation; or
(c) otherwise has the character of public interest or test case proceedings.
(3) If the Court is satisfied that there are grounds for it to make a public interest costs order, it may make the order it considers appropriate, having regard to:
the resources of the parties;
the likely cost of the proceedings to each party;
(c) the ability of each party to present his or her case properly or to negotiate a fair settlement; and
(d) the extent of a private or commercial interest each party may have in the litigation.
(4) When considering the resources of the parties, the Court must have regard to the financial circumstances of each party and whether the financial capacity of a party to pay costs is affected either wholly or in part by legal aid, contingency fees, insurance, fighting funds, tax deductibility or any other factor.
(5) The Court may make an order under this rule despite a party to the proceedings having a personal interest in the matter.
(6) The orders the Court may make under this rule include an order that:
costs follow the event;
each party is to bear his or her own costs; and
(c) the party making the application, regardless of the outcome of the proceedings:
is not to be liable for the other party's costs;
(ii) is to be liable to pay up to a specified amount or proportion only of the other party's costs; or
(iii) may recover all or part of his or her costs from the other party.
Division 3 Taxation
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