In the normal course of events, where a party has been successful in their case in the Authority they are entitled to receive from the unsuccessful party a contribution to the legal costs that they have incurred.
The Authority’s long standing practice has been to impose costs with reference to the “daily tariff”, and then adjust the amount up or down depending on a range of factors like a person’s ability to pay. For a number of years this has been set at $3,500.
However, for matters lodged in the Authority from 1 August 2016 onwards, the daily tariff is now $4,500 for the first day of an investigation meeting and $3,500 for any subsequent days. The Authority will still consider applications to increase or decrease the amount depending on the circumstances of the case.
As it is a “contribution” to legal costs, rarely does the daily tariff fully recompense the successful party for what they have actually spent, except in the most simple of matters. However, we are pleased to see that the Authority has recognised that litigation can be expensive, and provided for higher awards for successful parties.