Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2011 (NO 4) (NO 34 OF 2011) - REG 10

in division 2.17.2, insert

1741     Costs—fixed costs for enforcement order

    (1)     This rule applies to an application for an enforcement order under part 2.18 (Enforcement) if the court makes an enforcement order.

    (2)     The enforcement creditor's costs (plus any disbursements actually paid) must be allowed without assessment if the costs claimed (other than any disbursements actually paid) are not more than the costs amount applying, from time to time, under—

        (a)     if the work was done by the enforcement creditor's solicitor as an agent for another solicitor—schedule 3, part 3.4, column 3; or

        (b)     in any other case—schedule 3, part 3.4, column 4.

    (3)     The costs allowed under subrule (2) are inclusive of any GST payable in relation to the work.

    (4)     However, the costs payable to the enforcement creditor are reduced by the amount of any input tax credit for GST to which the enforcement creditor is entitled in relation to the enforcement creditor's costs.

    (5)     The enforcement creditor's costs and disbursements must be agreed or assessed if the costs claimed (other than disbursements actually paid) are more than the costs amount applying, from time to time, under schedule 3, part 3.4 (Enforcement orders).

Note     See r 1702 (Costs—agreement about costs).