AUSTRALIA Law and Practice Contributed by: Amanda Banton, Elliott Smith, Melissa Morgan and Paul Smith, Banton Group
11.2 Factors Considered When Awarding Costs Courts consider party conduct and conventions when awarding costs, with discretion to appor- tion costs. 11.3 Interest Awarded on Costs Interest on costs varies by jurisdiction, typically accruing from the judgment date or costs order date. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country ADR is common in Australia, offering cost-effec- tive dispute resolution. Mediation is particularly popular in commercial disputes. 12.2 ADR Within the Legal System Some jurisdictions require ADR before filing claims in court. Courts can refer cases to ADR at any stage, with non-attendance penalties. 12.3 ADR Institutions National and state institutions promote and offer ADR, with high industry collaboration. Key organisations include the Mediator Standards Board, Australian Disputes Centre, and Resolu- tion Institute. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Australia’s arbitration regimes are based on international conventions, with federal law gov- erning international arbitrations and state and territory laws governing domestic arbitrations.
request extensions of this timeframe, or file pre- liminary appeals until a final decision is reached. 10.4 Issues Considered by the Appeal Court at an Appeal Appellate courts can uphold, dismiss, or vary lower court orders. 10.5 Court-Imposed Conditions on Granting an Appeal Courts can impose conditions on granting an appeal. Conditions include requiring the appel- lant to provide security for costs, giving under- takings such as refraining from specific actions during the appeal or taking steps to expedite the appeal, or complying with interim orders. Courts may impose deadlines for procedural steps, lim- it the appeal to specific issues, or require the appellant to pay outstanding costs from earlier proceedings. A stay of execution may be grant- ed to pause enforcement of the original judg- ment, ensuring the appeal is not rendered futile. In some cases, leave to appeal may be required, with conditions set on how the appeal should proceed. 10.6 Powers of the Appellate Court After an Appeal Hearing Following an appeal, the appeal court can make orders to uphold, dismiss or vary the orders of the court below. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation The general rule is that the unsuccessful party pays the successful party’s costs. Costs asses- sors determine fair and reasonable costs.
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