VIC Is Cost Order usually awarded in Defamation Proceeding?

Discussion in 'Defamation Law Forum' started by Muxaul, 23 September 2018.

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  1. Muxaul

    Muxaul Well-Known Member

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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.
     
  2. Rod

    Rod Well-Known Member
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    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.
     
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  3. Muxaul

    Muxaul Well-Known Member

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    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?
     
  4. Rod

    Rod Well-Known Member
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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.
     
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  5. Muxaul

    Muxaul Well-Known Member

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    Can plaintiff file the court case and tries to mediate with respondent after?
     
  6. Rod

    Rod Well-Known Member
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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.
     
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  7. Muxaul

    Muxaul Well-Known Member

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    I see. Thank you so much Rob.
     
  8. Muxaul

    Muxaul Well-Known Member

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    Oh, if the respondent is an individual not a media or publisher, is Notice of Concern still necessary/recommended?
     
  9. Rod

    Rod Well-Known Member
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    Yes.
     
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  10. Muxaul

    Muxaul Well-Known Member

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    thank you
     
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