Court costs

See the list of fees for filing appeals and applications, and searching and copying records, in the Planning and Environment Court.

For proceedings that commenced before 22 November 2012

Usually parties pay their own costs in Planning and Environment Court proceedings.

Your own costs will include:

  • fees charged by a lawyer you may engage
  • fees charged by any expert witnesses you engage to give evidence on your behalf
  • filing and other court fees
  • any other expenses you incur.

The court may award costs against a party in certain situations, including:

  • when a party fails to comply with a directions order without a good reason
  • in a procedural default
  • when a party acts frivolously or vexatiously.

For proceedings that commenced after 22 November 2012

Costs are at the discretion of the court.

The court may consider a wide range of matters (see Sustainable Planning Act 2009, s. 457). Parties are encouraged to review the Act, as there have been significant changes.

If, early in the processing, the parties participate in mediation and the dispute is resolved either then or soon after, each party pays their own costs. We encourage early mediation.

Under the new provisions, your own costs include:

  • fees charged by a lawyer you may engage
  • fees charged by any expert witnesses you engage to give evidence on your behalf
  • filing and other court fees
  • any other expenses you incur.

If costs orders are made either in your favour or against you, the costs may include part or all of:

  • fees paid to lawyers
  • fees charged by expert witnesses
  • filing and other court fees
  • any other fees incurred in conducting the proceeding.

Additionally, if the proceedings involve enforcement proceedings, costs may include the costs of investigations to gather evidence.