Register a certificate of costs

The following Uniform Civil Procedure Rules (UCPR) apply to registering Costs Assessors' Certificates of Determination: ​

• ​36.10 Filing of costs assessors' certificates ​(cf SCR Part 40, rule 12)
  
• 42.31 Recovery of assessed costs in Supreme Court (cf SCR Part 52A, rule 46)​

​​Proce​​dural​ gu​​ide

The following is not legal advice. It is a step-by-step procedural guide.

​What form should I use to register a certificate of determination of cost​s?

Form 45 must be used. Download the current version of the approved form from UCPR Forms.

What are the fees to lodg​e a form 45?

The filing fee is prescribed Civil Procedure Regulation 2012. You can access the current fee schedule from our Fees page (see "Documents - Filing or registering a copy or certificate of judgment, order, determination"). Our Fees page also details the methods of payment accepted by the Court.

What do I att​ach to form 45?

Certified copies of the Certificate of Determinations must be attached. More than one certificate between the same parties or in the same costs assessment can be included in the one form.

Do I have to lodge an affidavit ​​with form 45?

Yes, whenever you apply to register a costs assessment certificate issued by any scheme in Australia, you must comple​te the affidavit that forms part of approved form 45 version 4​. Briefly, the prescribed wording of this affidavit requires you to:

• provide evidence of any payments made towards the assessed costs, and the dates of those payments, or
• swear or affirm that no payments have been made towards the assessed costs.

Can I register the costs assessors' certificates in the Supreme Court procee​​dings to which they relate?

All costs assessors' certificates will be registered as fresh proceedings in the Common Law Division. You cannot register the costs assessors' certificates in the costs assessment file in the Supreme Court.

How do I calculate the amount to be enforced at the date of registration? Wher​e do I put the amount to be enforced in the form 45?

The costs assessors' certificates set out the amount of costs determined to be reasonable and which party to the assessment is to pay those costs.

The certificates also set out the costs of the assessment or the costs of a review and which party is liable to pay them.

A costs assessors' certificate setting out the costs of a costs assessment may only be registered by a party who is not liable for all or some of the costs of the costs assessment but paid the Manager, Costs Assessment the amount of the costs of the costs assessment for the release of the certificates.

After calculating the amount to be enforced as set out in the certificates, if none of the costs are paid at the date of registration insert the total amount sought to be enforced under the heading 'Details of Judgment' next to 'Total amount to be enforced as at date of registration'.

If you were paid part of the costs determined in the certificates an affidavit sworn not less than 14 days prior to lodging the form 45, the supporting affidavit must set out any prior amount paid. This requires the applicant to properly calculate the correct amount you want enforced as a judgment.

Can I claim the filing fee for for​m 45 in the Supreme Court?

No. See UCPR r42.31(4). Do not complete or delete the wording '#Registration​ #Filing fee' under Details of Judgment. In the Supreme Court the filing fee cannot be claimed. Even if the parties complete this section of the form 45 it will not be allowed.

Can I obtain a copy of the judgment entered after I lodge ​form 45?

Yes. On payment of the requisite fee under the Civil Procedure Regulation 2012. 

Further copies can be obtained at any time by payment of the requisite fee at the counter.