SECL: Application for Costs – Criminal and Civil Jurisdictions

• CPD Points: 1 [PS] [SL]
• Price: $55.00
• Area: Civil Liability and Torts Law; Criminal Law; Legal Skills & Technique
• Delivered: November 2024

Digital Content

• Recording
• Slides (16 pages)

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Description

This session, delivered by Garth Stevens, Principal Legal Officer, Legal Services, Department of Police, Fire & Emergency Management and Chris Groves, Principal, Dobson Mitchell Allport for the Southern Early Career Lawyers (SECL) Committee will provide guidance to early career lawyers on when to apply for costs; how to apply for costs; what is the process and the type of application; how to effectively use Calderbank letters, vs offer to compromise.

Session outline

An overview of the Costs in Criminal Cases Act 1976 and costs application in Tasmania’s civil jurisdictions:

Key Takeaways

• There is no inherent jurisdiction in the Court to award costs in criminal cases. 
• The onus is on the applicant for costs to show a positive reason why costs should be awarded against the State. Costs, when awarded, are limited to what is “just and reasonable”.
• The range of orders available; when to seek costs; when not to, and the practical basics of seeking and arguing about costs. 
• Key elements to an effective ‘Calderbank’ offer as forming the later basis of a special costs order.