How are 'costs' typically determined in Queensland courts?

In Queensland courts, costs are typically awarded to the successful party on a party-and-party basis. This means that when a party wins a case, they are generally entitled to have their costs of litigation reimbursed by the other party, to some extent. The underlying principle here is that the party that has successfully navigated the legal process should not have to bear the financial burden of the costs incurred during the proceedings.

The quantum of costs awarded is not entirely arbitrary. Rather, it aligns with established practices and guidelines while allowing some discretion to the courts. Even within the party-and-party framework, there may be limitations on what constitutes recoverable costs, including considerations related to proportionality and reasonableness of expenses.

This method aims to ensure fairness and to discourage unnecessary litigation while also ensuring that the successful party can recover a portion of the costs incurred in seeking justice. The predefined categories of recoverable expenses promote clarity and predictability in financial outcomes for litigants.

The idea that costs are solely at the discretion of the court would overlook the structured approach that exists in the legal framework for determining costs, which diverges from the typical practice acknowledged in this context. Therefore, party-and-party basis serves as the more regulated and recognized approach in the Queensland courts system