Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 4

Costs to be costs as between party and party etc.

  (1)   A reference in this Act to costs incurred by a person in relation to proceedings shall be read as a reference to costs so incurred ascertained as if they were costs as between party and party.

  (2)   For the purposes of this Act:

  (a)   the amount of any costs incurred by a person in relation to proceedings (other than costs to which paragraph   (b) applies) is:

  (i)   an amount agreed on in respect of those costs by the Attorney - General and the person who has been granted the costs certificate in relation to those costs; or

  (ii)   where under the regulations the amount of those costs has been assessed for the purposes of this Act by an officer of a court--the amount so assessed; or

  (b)   where any costs incurred by a person in relation to proceedings have been ordered by a court to be paid to the person by another party to the proceedings and the amount of those costs is specified in, or has been ascertained in accordance with, the order of the court--the amount of those costs is the amount so specified or ascertained, as the case may be.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback