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ARTICLE · 20 APRIL 2017

Litigation costs orders – how to maximise your return

You should reach an agreement previously or have the costs assessed as soon as possible after the costs order is made.

AustraliaLitigation, Mediation & Arbitration
Elias Yamine (Formerly With Bartier Perry)
Elias Yamine (Formerly With Bartier Perry)
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It's the issue that is top of mind for almost all litigants. However, it's probably one of the most misunderstood.

When considering costs of litigation, you should remember the following:

  1. Usually, a successful party will be entitled to a costs order.
  2. Costs orders are discretionary.
  3. Making written settlement offers early will increase the likelihood of favourable costs orders being made.
  4. Even if a favourable costs order is made, you will likely still be out of pocket.
  5. There is no guarantee of recovery of a costs order.

The usual costs order

As the saying goes, the winner (usually) takes all. That also (usually) applies to litigation. If you are successful in a claim or in defending a claim, the court will reward you by ordering the unsuccessful party to pay your costs.

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