A member asked over 9 years ago

Civil litigation costs order

What is a costs order?

Chris Wall
Solicitor/Director at Walker Gibbs and King P/L

That is where a Court or tribunal orders a party (or in rare cases a lawyer) to pay the legal costsof another party.

The order can be for a fixed amount, a capped amount, "ordinary" costs, or "indemnity" costs. Typically ordinary costs would mean the party receiving the costs would get 75 to 80% of that party's own legal costs. Indemnity costs would usually mean a higher percentage.

If the parties cannot agree on an amount, a costs assessor appointed by the Supreme Court would determine the amount.

Answered over 9 years ago   Legal disclaimer

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