Itemised costs account

Division 12.8.1 of the Family Law Rules governs claiming and disputing costs. A person entitled to party and party costs must serve an itemised costs account on the person liable within 4 months after the end of the proceeding, with the court's costs brochure (r 12.34). Rule 12.35 sets the contents: each item of costs and expense numbered and described in enough detail to be assessed, with the date, a description (including whether the work was done by a lawyer, employee or agent) and the amount; for each expense, the date, the person paid, its nature and the amount. The receiving party then has 28 days to dispute it with a Notice Disputing Itemised Costs Account (r 12.36). A person who receives a non-itemised account can ask for an itemised one within 28 days (r 12.33).

When you need it

• The court has ordered that you are entitled to costs to be assessed, and the amount has not been fixed.
• The other side has asked for an itemised account after receiving a lump-sum account (r 12.33).
• You are ready to serve the claim within 4 months after the end of the proceeding (r 12.34).

1. 1

   To the person from whom costs are claimed

   Insert their name. The notice explains they must serve a Notice Disputing Itemised Costs Account within 28 days if they disagree.

2. 2

   Part B - person claiming costs

   Give your name, address for service and lawyer's ID if applicable.

3. 3

   Part D - details

   Number each item and give its date, a description that says who did the work (lawyer, employee or agent), and the cost or expense. For each expense, show the date, who was paid, what it was for and the amount (r 12.35).

4. 4

   Part C - summary

   Total the costs and expenses claimed on each page and overall. The taxed-off and allowed columns are completed if the account is assessed.

• Serve the account on the person liable within 4 months after the end of the proceeding, together with the costs brochure (r 12.34).
• The account is not filed when it is served. It is filed only if the costs are disputed and a party asks the court to assess them (r 12.37(3)), or if you seek a costs assessment order because no dispute notice was served and the costs are unpaid (r 12.50).
• If the parties agree the amount, they can lodge a draft consent order (note to r 12.36).

• Describe each item well enough for a Judicial Registrar to assess it without asking questions.
• Keep the supporting file notes and invoices: at an assessment hearing the onus is on the person entitled to costs (note to r 12.45).
• You can amend the account by filing an amended version, clearly marked, at least 14 days before an assessment hearing (r 12.38).