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UCPR rule 687 - exercise of discretion to fix costs - applicable principles

Jackson, Sheryl (2008) UCPR rule 687 - exercise of discretion to fix costs - applicable principles. Proctor, 28(4).

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      Abstract

      Although the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) have always included a power for the court to order a party to pay an amount for costs to be fixed by the court, until recently the power was rarely used in the higher courts.

      In light of recent practice directions, and the changes to the procedures for assessment of costs contained in the new Chapter 17A of the UCPR, this is no longer the case. The judgment of Mullins J in ASIC v Atlantic 3 Financial (Aust) Pty Ltd [2008] QSC 9 provides some helpful guidance for practitioners about the principles which might be applied.

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      ID Code: 51600
      Item Type: Journal Article
      Keywords: Uniform Civil Procedure Rules 1999 (Qld) r 687, exercise of discretion to fix costs - applicable principles
      ISSN: 1321-8794
      Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
      Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
      Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Litigation Adjudication and Dispute Resolution (180123)
      Divisions: Current > QUT Faculties and Divisions > Faculty of Law
      Current > Schools > School of Law
      Copyright Owner: Copyright 2008 the author.
      Deposited On: 16 Jul 2012 15:09
      Last Modified: 06 Sep 2012 02:35

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