Commercial and Consumer Tribunal Act 2003
Section 15(1)(c)
Costs Policy
- To remove any doubt, the costs policy that applied in the former Queensland Building Tribunal does not apply in the Commercial and Consumer Tribunal.
- Nothing in this policy overrides sections 70 and 71 of the Commercial and Consumer Tribunal Act 2003 or the Tribunal's discretion in any case.
- The Tribunal may have regard to the scale of costs applicable in the Supreme, District or Magistrates Courts or any other relevant scale when considering the appropriate level of costs in any matter. Where indemnity costs are awarded the Tribunal may take into account any existing client agreement in determining the appropriate level of costs.
- In those cases in which an amount claimed or in dispute is within the jurisdictional limit of the Magistrates Court, regard may be had to both the Magistrates Court scale and the District Court scale for items not otherwise adequately allowed or dealt with and/or recoverable by reference solely to the Magistrates Court scale.
- In those cases which do not have a monetary or equivalent claim regard may be had in determining the appropriate scale to the importance of the matter to the parties and/or to the nature or complexity of the matter. In those limited number of cases in which no scale is considered appropriate, evidence of costs can be provided by way of an itemised account of tasks undertaken in the matter, the time expended on those tasks and the hourly rate said to be appropriate.
- The Tribunal may order costs to be assessed by a nominated costs assessor or by a cost assessor agreed by the parties and failing agreement, by an assessor selected by the Tribunal from a panel of three assessors submitted by each of the parties.
MS J SCHAFER
CHAIRPERSON
Commercial and Consumer Tribunal
Dated 19 December 2003
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