Indemnity costs

Indemnity costs

In any litigation regardless of jurisdiction, it’s usual for the “loser” to have to pay the winner’s “costs”.  That said it’s also possible for a Court to order that costs lie where they fall (each party pays their own costs).

In Queensland the general rule as described in rule 681(1) of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) provides that ‘costs of a proceeding, including an application in a proceeding, are in the discretion of the court, but follow the event, unless the court orders otherwise’.  Chapter 17A of the UCPR provides guidance on the basis on which costs are to be assessed. [Read more…]

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