Legislative Assembly for the ACT: 2010 Week 4 Hansard (25 March) . . Page.. 1609..
Answers to questions
Courts and tribunals—Supreme Court—costs
(Question No 521)
Ms Le Couteur asked the Attorney-General, upon notice, on 10 December 2009:
(1) Is it standard for bills for charges incurred as a result of hearings in the Supreme Court to be presented as a one-line account.
(2) In what circumstances are bills for charges presented as an itemised account.
(3) How is the charge calculated if there is a request for itemisation.
(4) Is interest charged on overdue charges; if so, at what rate.
(5) Are bills from the ACT Government Solicitors Office in a format as a standard invoice which is acceptable to the Australian Taxation Office.
Mr Corbell: The answer to the member's question is as follows:
(1) The usual process where costs are awarded against a party in Supreme Court proceedings is for the party who has been awarded costs to provide an estimate of those costs to the unsuccessful party. If the unsuccessful party does not agree with the estimate a process of assessment by the court may be undertaken. This involves an itemised bill being drawn up by the party claiming the costs and both parties appearing before the Registrar or Deputy Registrar to argue in favour or against particular items.
(2) See above. On most occasions issues about the quantum of costs are resolved by agreement as the assessment process is expensive and time consuming. It will often occur that the initial estimate is less than the amount ultimately assessed through the itemized process.
(3) In accordance with a scale fixed by the Court Procedures Rules 2006.
(4) Where costs have been assessed interest will apply on the amount not paid calculated in accordance with the Court Procedures Rules. The interest rate currently applicable is 11% per annum.
(5) It is not clear what is meant by this question, which is irrelevant to the process of an assessment of costs under the Court Procedures Rules.
(Question No 523)
Ms Hunter asked the Minister for Children and Young People, upon notice, on 9 February 2010:
(1) What is the progress of the ACT Government's commitment to become a Child Friendly City.