Discretionary costs
63.48 Discretionary costs
Except as these Rules or any order of the Court otherwise provides, the fees and allowances that are discretionary that are referred to in Appendix A must be allowed at the discretion of a registrar or the Costs Court.
In exercising the discretion under paragraph (1), the Costs Court must have regard to the following—
the complexity of the matter;
the difficulty or novelty of the questions involved in the matter;
the skill, specialised knowledge and responsibility involved and the time and labour expended by the Australian lawyer or counsel;
the number and importance of the documents prepared and perused, regardless of length;
the amount or value of money or property involved;
research and consideration of questions of law and fact;
the general care and conduct of the Australian lawyer or counsel, having regard to the instructions and all relevant circumstances;
the time within which the work was required to be done;
allowances otherwise made in accordance with the Scale in Appendix A;
any other relevant matter.
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