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Orders of Costs Court – Quantification and payment

Orders of Costs Court – Quantification and payment

By Jill Grace

Courts 


Where costs between a practitioner and client are taxed, an order of the Costs Court merely stating the amount that the costs are taxed at does not constitute an order for payment of the costs so taxed. Rule 63.11 of the Supreme Court (General Civil Procedure) Rules 2015 (the Rules) provides that if costs are taxed otherwise than under a judgment or order for costs, an order of the Costs Court for payment of any amount found to be due may be enforced in the same manner as a judgment for the payment of money. Legal practitioners should be aware that mere quantification of costs, without express words as to payment, is not an order for payment. Therefore, where costs between a legal practitioner and client are taxed, an order of the Costs Court merely stating the amount that the costs are taxed at does not constitute an order for payment of the costs so taxed: see Pippett & Anor v Liu [2016] VSC 402. The Costs Court must specifically make an order for payment of the taxed costs failing which the legal practitioner has no order to enforce unless there is in existence a prior order of a Court or VCAT for payment. The legal practitioner must take proceedings in a Court against the client for an order for payment of the taxed costs or apply again to the Costs Court for the inclusion of such an order.

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