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r 5.09

Costs to be specified

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Part 2Certification requirements for proceedings

5.09 Costs to be specified

(1)

If the plaintiff claims a sum of money only, the complaint must be indorsed with a statement as follows—

"If you pay the amount of $ and costs of $ to the plaintiff or the plaintiff's Australian lawyer without giving notice of defence and the plaintiff accepts the amounts paid as full satisfaction of the claim (including any interest and costs), the proceeding ends on that acceptance.".

(2)

If a complaint is indorsed in accordance with paragraph (1), and—

(a)

the defendant pays the amounts claimed within the time limited for giving notice of defence; and

(b) the plaintiff accepts the amounts paid as full satisfaction of the claim (including any interest and costs)—

the proceeding ends on that acceptance.

(3)

The amount of costs in an indorsement referred to in paragraph (1) must be—

(a)

in the case of a claim for debt, liquidated demand or claim arising from a motor vehicle accident for cost of repairs only or for total loss of vehicle only—

(i)

the amount of scale costs in item 1 in Appendix A applicable to the amount claimed; and

(ii)

if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and

(iii)

the fees (if any) for the filing and service of the complaint; or

(b)

in any other case—

(i)

the amount of scale costs in item 3 in Table 1 to Appendix A applicable to the amount claimed; and

(ii)

if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and

(iii)

the fees (if any) for the filing and service of the complaint.

(4)

A registrar, upon application made before service of any complaint, may fix an amount in respect of additional disbursements reasonably and necessarily incurred which amount must be included in the indorsement on the complaint.

5.10–5.11 * * * * *

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