VIC Is Cost Order usually awarded in Defamation Proceeding?

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Muxaul

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10 October 2017
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In civil defamation cases, is Cost Order usually awarded to the winner party, e.g. to the plaintiff if plaintiff wins, or to the defendant if defendant wins?

I am going to self represent as a plaintiff due to financial limitation. However if Cost Order is usually awarded unless the court doesn't like the way in which the parties to the proceedings conducted their cases, then I should really consider hiring a lawyer and seek cost order in my application.

Thanks for sharing your knowledge.
 

Rod

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27 May 2014
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is Cost Order usually awarded to the winner party, e.g. to the plaintiff if plaintiff wins, or to the defendant if defendant wins?

Yes. But needs to be asked for. Don't ask, don't get.

Costs orders generally do not cover 100% of your legal costs. Expect 50-75% of costs to be covered. In some cases the award of costs may cover less than 50% of your costs. In some cases (fairly rare), 100% of costs can be awarded, but this requires particularly bad behaviour from the other party.
 

Muxaul

Well-Known Member
10 October 2017
154
13
414
Yes. But needs to be asked for. Don't ask, don't get.

Costs orders generally do not cover 100% of your legal costs. Expect 50-75% of costs to be covered. In some cases the award of costs may cover less than 50% of your costs. In some cases (fairly rare), 100% of costs can be awarded, but this requires particularly bad behaviour from the other party.
Thanks Rob! You’ve always been helpful.

Do you know if issing Notice of Concern is a must before a plaintiff can bring the defendant to court?
 

Rod

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Strictly speaking it is not mandatory. The court though does expect some attempt to resolve the dispute before initiating court action, and for defamation, a concerns notice is the simplest way of satisfying this requirement.
 

Muxaul

Well-Known Member
10 October 2017
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Strictly speaking it is not mandatory. The court though does expect some attempt to resolve the dispute before initiating court action, and for defamation, a concerns notice is the simplest way of satisfying this requirement.
Can plaintiff file the court case and tries to mediate with respondent after?
 

Rod

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Yes, but risky cost wise. You leave yourself open to a costs claim if you discontinue the case. This could put you on the back foot when negotiating/mediating.
 

Muxaul

Well-Known Member
10 October 2017
154
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414
Yes, but risky cost wise. You leave yourself open to a costs claim if you discontinue the case. This could put you on the back foot when negotiating/mediating.
Oh, if the respondent is an individual not a media or publisher, is Notice of Concern still necessary/recommended?