SETTLING IT EARLY
The commentary in the Guide makes more than one reference to the costs of conducting proceedings in the County Court and to the need to keep a close watch on costs from the outset.
The expression “it can all be about costs” is discussed in the commentary on Costs of Going to Court and it is a truth that should not be ignored.
Unlike the Family Court, where costs orders at trial are rare, in the County Court costs generally follow the event. So, if a matter goes to hearing and determination before a judge, there will be a loser who pays not only their own costs but the costs of the other side.
In the County Court the costs of the most ordinary matters that go to trial start at about $30,000 for each party.
Practitioners have a duty to provide their client with costs disclosure and to keep it up to date. They should also enter cost agreements from the start.
Changes which may significantly affect costs include the need to brief senior counsel, to engage experts, and to conduct views with or without the Court in attendance.
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