Entire Section

  • Costs

    • 71.

      The FMT may make an order for costs on an application or on its own initiative.

    • 72.

      A person making an application for an order for costs must:

      (a) send or deliver a written application to the FMT and to the person against whom it is proposed that the order be made; and
      (b) send or deliver with the application a schedule of the costs or expenses claimed sufficient to allow summary assessment of such costs or expenses by the FMT.

    • 73.

      An application for an order for costs may be made at any time during the proceedings but may not be made later than 28 days after the date on which the FMT sends:

      (a) a decision notice recording the decision which finally disposes of all issues in the proceedings; or
      (b) notice under Rule 93 that a withdrawal which ends the proceedings has taken effect.

    • 74.

      The FMT may not make an order for costs against a person (the "paying person") without first:

      (a) giving that person an opportunity to make representations; and
      (b) if the paying person is an individual, considering that person's financial means.

    • 75.

      The amount of costs or expenses to be paid under an order under this rule may be ascertained by:

      (a) summary assessment by the FMT;
      (b) agreement of a specified sum by the paying person and the person entitled to receive the costs ("the receiving person"); or
      (c) assessment of the whole or a specified part of the costs, including the costs or expenses of the assessment, incurred by the receiving person, if not agreed.

    • 76.

      Upon making an order for the assessment of costs, the FMT may order an amount to be paid on account before the costs are assessed.