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Self represented costs against a represented party

just a quick question the the world wide web…

I am a self represented litigant and I just won a case against my represented ex in the Federal Magistrates Court. I was seeking to be added to my daughters birth certificate and also for a hyphenated surname which was awarded. I basically was 'wholly successful. I made the offer to the other party early on in the case which was declined by the other party, but was subsequently orderd by the magistrate. I applied for costs against the other party, however the magistrate mentioned to me that as I was self represented, I was not entitled to costs. The magistrate asked if i wanted to continue with my application for costs to which I replied that I wanted to continue. The matter is to be heard in chambers by written submission.

In my research I have found no mention in the Family Law Act 1974, the Federal Magistrates Act 1999 or the Federal Magistrates Court Rules 2001 that states a SRL is not entitled (there is mention in chapter 19 of the family court rules 2004 - but we are not in that court). Does anyone know if I am indeed entitled (even if not awarded) and does anyone have any case references?
ironzy12 said
just a quick question the the world wide web…

A search around this site would have provided some answers in the forums and here: http://flwg.com.au/srl-r/pg/start

SRLs are not normally awarded costs because they cannot charge themselves ie they are not accredited legal practitioners. Costs orders are often awarded on a scale fee to lawyers which may not relate to the actual costs paid by a Party.

There have been cases of expenses being claimed and partially awarded. These include unusual travel expenses, ancillary costs that a lawyer would charge ie copying, subpoenas, unbundled legal advice etc. Time is not reimbursable unless you can put up a really good argument for earnings lost.

There is no mention in the various Rules because these mostly deal with fee scales for accredited practitioners. Likewise the granting of costs order in 'any' case is discretionary.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
excellent, I'll focus my submission on those areas. Are you aware of any prior cases that are publised in this area for costs awarded for SRL's?
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