9. Costs to be fixed and capped

Order 21 (costs) of the Rules of Court applies subject to this rule.

If the originating claim is proceeding to trial, the Court must not make any order for costs until the trial is completed.

The Court may order costs only in respect of the items specified in Table A.

The Court must fix any costs it orders.

The costs ordered in respect of an item specified in Table A must not exceed the maximum amount for that item.

The total costs ordered against a party (including any costs in respect of GST) must not exceed the following amounts after any set off:

$50,000 in relation to the trial of the originating claim;

$25,000 in relation to any bifurcated assessment as to the amount of monetary relief.

Paragraphs (2), (5) and (6) do not apply where costs are ordered against a party that has behaved unreasonably.

This rule does not affect —

the Court’s powers under the Rules of Court to make adverse cost orders against a solicitor at any time;

the Court’s powers in relation to court fees under Order 25 of the Rules of Court;

the Court’s powers under the Rules of Court in relation to the costs of enforcement; and

a party’s entitlement to costs and expenses under any of the following written laws:

section 76(2) of the Geographical Indications Act 2014;

section 72(2) of the Patents Act 1994;

section 43(2) of the Registered Designs Act 2000;

section 102(2) of the Trade Marks Act 1998.

In this rule, “GST” means goods and services tax.Table AItems relating to the trial of the originating claimMaximum amount1.Preparing or reviewing statement of claim$7,0002.Preparing or reviewing defence and counterclaim$7,0003.Preparing or reviewing reply and defence to counterclaim$7,0004.Preparing or reviewing reply to defence to counterclaim$3,5005.Attending one or more case conferences$3,0006.Making or responding to one or more applications$3,0007.Producing or inspecting documents or other material, product descriptions or process descriptions $6,0008.Performing or inspecting one or more experiments$3,0009.Preparing or reviewing one or more affidavits (including affidavits of evidence‑in‑chief)$6,00010.Preparing or reviewing one or more expert reports$8,00011.Preparing for and attending trial$16,00012.Preparing for determination on papers$5,50013.GST payable by a GST-registered law firmActual amount of GST payableItems relating to any bifurcated assessment of the amount of monetary relief Maximum amount14.Preparing or reviewing supplementary statement of claim$3,00015.Preparing or reviewing supplementary defence$3,00016.Attending one or more case conferences$3,00017.Making or responding to one or more applications$3,00018.Producing or inspecting documents or other material$3,00019.Preparing or reviewing one or more affidavits (including affidavits of evidence‑in‑chief)$6,00020.Preparing or reviewing one or more expert reports$6,00021.Preparing for and attending trial$8,00022.Preparing for determination on papers$3,00023.GST payable by a GST‑registered law firmActual amount of GST payable

Order 21 (costs) of the Rules of Court applies subject to this rule.

If the originating claim is proceeding to trial, the Court must not make any order for costs until the trial is completed.

The Court may order costs only in respect of the items specified in Table A.

The Court must fix any costs it orders.

The costs ordered in respect of an item specified in Table A must not exceed the maximum amount for that item.

The total costs ordered against a party (including any costs in respect of GST) must not exceed the following amounts after any set off:

$50,000 in relation to the trial of the originating claim;

$25,000 in relation to any bifurcated assessment as to the amount of monetary relief.

Paragraphs (2), (5) and (6) do not apply where costs are ordered against a party that has behaved unreasonably.

This rule does not affect —

the Court’s powers under the Rules of Court to make adverse cost orders against a solicitor at any time;

the Court’s powers in relation to court fees under Order 25 of the Rules of Court;

the Court’s powers under the Rules of Court in relation to the costs of enforcement; and

a party’s entitlement to costs and expenses under any of the following written laws:

section 76(2) of the Geographical Indications Act 2014;

section 72(2) of the Patents Act 1994;

section 43(2) of the Registered Designs Act 2000;

section 102(2) of the Trade Marks Act 1998.

In this rule, “GST” means goods and services tax.Table AItems relating to the trial of the originating claimMaximum amount1.Preparing or reviewing statement of claim$7,0002.Preparing or reviewing defence and counterclaim$7,0003.Preparing or reviewing reply and defence to counterclaim$7,0004.Preparing or reviewing reply to defence to counterclaim$3,5005.Attending one or more case conferences$3,0006.Making or responding to one or more applications$3,0007.Producing or inspecting documents or other material, product descriptions or process descriptions $6,0008.Performing or inspecting one or more experiments$3,0009.Preparing or reviewing one or more affidavits (including affidavits of evidence‑in‑chief)$6,00010.Preparing or reviewing one or more expert reports$8,00011.Preparing for and attending trial$16,00012.Preparing for determination on papers$5,50013.GST payable by a GST-registered law firmActual amount of GST payableItems relating to any bifurcated assessment of the amount of monetary relief Maximum amount14.Preparing or reviewing supplementary statement of claim$3,00015.Preparing or reviewing supplementary defence$3,00016.Attending one or more case conferences$3,00017.Making or responding to one or more applications$3,00018.Producing or inspecting documents or other material$3,00019.Preparing or reviewing one or more affidavits (including affidavits of evidence‑in‑chief)$6,00020.Preparing or reviewing one or more expert reports$6,00021.Preparing for and attending trial$8,00022.Preparing for determination on papers$3,00023.GST payable by a GST‑registered law firmActual amount of GST payable