District Court Rules

The District Court Rules 2014 have been amended by the District Court Amendment Rules 2024  in a number of respects.

The most significant change is in relation to costs. From 1 September 2024 a party acting in person, including a lawyer acting in their own personal interests, is limited as to their costs entitlement.

Costs are at the discretion of the court unless the provisions of any Act provide otherwise. Rule 14.2 sets out the general principles applicable when determining costs, including that an award of costs should reflect the complexity and significance of the proceeding.

Costs are assessed by applying the appropriate daily recovery rate, as set out in Schedule 5 of the rules, to the time considered reasonable for each step of the proceeding or interlocutory application. Part 1 of the Schedule applies to represented parties. Part 2 applies to parties acting in person, and limits costs to $500 per day. Lawyers acting for themselves fall into the latter category.

The amendments also provide that the second case management conference must, if practicable, be presided over by the same judge who presided over the judicial settlement conference.