Costs Court of the Supreme Court of Victoria

The Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 ("the Act") was assented to on 11 December 2008. The Act, inter alia, establishes a Costs Courts within the Trial Division of the Supreme Court of Victoria, which will replace the previous role of the Taxing Master of the Supreme Court of Victoria.

The Costs Court will consist of Associate Judges appointed to the position by the Chief Justice of the Supreme Court of Victoria.

The Costs Court will have jurisdiction to hear and determine the assessment, settling, taxation or review of costs in all proceedings in the Supreme Court of Victoria. The Costs Court will also have jurisdiction to hear and determine the assessment, settling, taxation or review of costs for proceedings in the County Court of Victoria, the Magistrates’ Court of Victoria, and VCAT, if:

• any Act or Rules provide for the Costs court to determine the costs of such proceedings; or
• the court or VCAT orders that the Costs Court should determine the costs; or
• the amount of those costs has not been fixed by the court or by VCAT.

The Costs Court will also have jurisdiction to hear determine the assessment, settling, taxation or review of costs in an arbitration under the Commercial Arbitration Act 1984; costs reviews under Chapter 3 of the Legal Profession Act 2004; and any further jurisdiction that may be given under other Acts or Rules.

The determinations of Costs Court Associate Judges will be subject to review by a Costs Judge, and such reviews may be appealed to a Judge of the Trial Division of the Supreme Court of Victoria.

The substantive provisions of the Act will come into operation on a day to be proclaimed or otherwise on 31 December 2009.