Judicially determined costs

Civil litigation is premised on the concept that the parties should look to resolve their disputes without the intervention of the Court and the time… Read More »When a compromise is not a compromise

This article considers the significance of the recent decision of the Federal Court of Australia in APC Marine Pty Limited v The Ship APC Aussie 1 [2011] FCA 679.
Specifically, the decision considers an application for a Review from a Taxation Officer on the basis that the allowance made for ‘General Care and Conduct’ on the original Taxation of Costs under Schedule 2, Federal Court Rules was too generous.

The General Care and Conduct allowance made by the Taxation Officer was twice the maximum range recommended in the National Guide to Discretionary Items published by the Federal Court of Australia. The Review by the Federal Court of Australia upheld this allowance.

The nature of the system for taxation of costs in the Federal Court of Australia means there is a dearth of published authority on allowances for General Care and Conduct on party party costs and the article considers both the significance of the decision and whether the decision sets a precedent for departure from the National Guide and more generous General Care and Conduct allowances in future taxations.

Given the introduction of the New Federal Court Rules on 1.8.11 the article also compares the relevant criteria for calculating such uplifts under the Old and New Federal Court Rules.

Read More »Taxation of Legal Costs – New General Care and Conduct Benchmark in the Federal Court of Australia

In the matter of Niruzzi Pty Limited [2012] NSWSC 773 (14 June 2012) Brereton J examined the difficulty of making a lump sum costs order where by consent the creditorís statutory demand was set aside with the only remaining issue being costs.