23. Costs
Costs discretion, conduct and ADR, standard and indemnity bases, QOCS, assessment and payments on account.
How to study for BSB Civil Litigation
Prepare separately for closed-book recall and open-book application while keeping every step anchored to the exact syllabus version for your sitting.
Core concepts
Concept 1
Although the general rule is that the unsuccessful party pays the successful party's costs, the court considers success, issues, offers, conduct, proportionality and all the circumstances.
Exam cue: Identify the successful party and then test whether issue-based success, conduct, offers or ADR justify a different order.
Concept 2
Standard-basis assessment resolves doubt in favour of the paying party and applies proportionality; indemnity-basis assessment resolves doubt in favour of the receiving party without that proportionality test.
Exam cue: Separate entitlement to costs, the basis of assessment and the later process for quantifying them.
Concept 3
The syllabus includes qualified one-way costs shifting, summary and detailed assessment, interim costs orders and payment on account.
Exam cue: Check whether QOCS applies and whether the proposed enforcement falls within its scope or exceptions.
Risk pitfalls and guardrails
Treating costs as an automatic arithmetic consequence of winning overall.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Confusing indemnity costs with a complete indemnity for every pound spent.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Assuming unreasonable ADR conduct matters only before proceedings or only if a mediation actually occurred.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Memory anchors
General costs rule
The unsuccessful party usually pays the successful party, subject to the court's broad discretion.
All the circumstances
Success, issues, admissible offers and conduct before and during proceedings can change the order.
Standard basis
Resolve doubt for the paying party and allow only proportionate, reasonably incurred and reasonable costs.
Indemnity basis
Resolve doubt for the receiving party; proportionality under the standard-basis test does not apply.
QOCS
Qualified protection limits enforcement of adverse costs in covered personal-injury proceedings, subject to scope and exceptions.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
What is the general starting point for costs after a civil trial?
A claimant wins overall but loses a major severable issue that consumed half the trial. What may the court do?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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