Magistrates' Court General Civil Procedure Rules 2020

In fixing or taxing costs for work done in a proceeding the appropriate scales in Table 1 and Table 2 to Appendix A to apply must be determined as follows—

as between—

party and party, the amount recovered or the value of the property in litigation regulates the scale of the plaintiff's costs, and the amount sought to be recovered or the value of the property in litigation regulates the scale of the defendant's costs; and

Australian lawyer and client, unless the Court otherwise orders, the amount sued for, or the value of the property in litigation, regulates the scale without reference to the result;

in a proceeding for an injunction coupled with a claim for damages or without such claim or in a proceeding or matter within the equitable jurisdiction of the Court, the Court, may, despite any other provision of this paragraph, either at the hearing or within a reasonable time after the hearing, at its discretion, fix the scale of costs which applies;

where a counter claim is made the scale on which the costs of the parties are to be fixed or taxed must be determined as follows—

if the plaintiff is successful on both claim and counter claim, by the amount which the plaintiff recovers on the claim, unless the amount of the defendant's claim is the larger, in which case the costs incurred subsequently to the delivery of the counter claim must be determined by the amount of that counter claim;

if the defendant is successful on both claim and counter claim by the amount which the defendant recovers on the counter claim, or the amount of the plaintiff's claim, whichever may be the larger;

if both parties are successful, by the amounts which they recover on their respective claims; and if both claims fail, by the amount claimed by the opposite party;

in a proceeding or matter for which no provision has been specifically made, the Court may direct that the scale of costs specified by the Court applies;

despite anything in these Rules, if in a proceeding or matter the Court considers that the provisions of paragraphs (a) and (c) are inappropriate or unjust the Court may, either at the hearing, or within a reasonable time after the hearing, fix the scale of costs which applies.

For the purposes of paragraph (1)(a) the amount recovered is—

the amount of the order in the plaintiff's favour including any amount for interest or damages in the nature of interest; and

any interest or damages in respect of the amount awarded by the Court under any Act—