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Legislative Assembly for the ACT: 2002 Week 5 Hansard (9 May) . . Page.. 1513 ..

4. So far $3,000 has been paid. Claims totalling $213,000 have been made. This including one claim for $140,000 for which further particulars are being sought. In the others, counter-offers totalling $13,000 have been made. In the other cases, the defendants have not yet quantified their costs.

5. It is not possible to quantify the costs spent by the Director of Public Prosecutions on these prosecutions against members of the ACT fireworks industry.

6. When an award of costs is made against an informant who is a public servant indemnified by an ACT Government agency, the Magistrate may quantify the costs in the order awarding costs or more usually orders that the costs are to be as agreed or, failing agreement, to be assessed by the Magistrate. In that event, one of the prosecutors of the Director invites the defendant to quantify his, her or its costs and to particularise the basis on which the quantification has been made. A prosecutor will then assess the quantification, having regard to the work done, the significance of the matter and assessments made by the courts in similar matters. A counter-offer will usually then be made. If so, the matter may be able to be negotiated. If successful, the prosecutor will advise the agency who will usually make payment of the agreed costs directly to the defendant or his, her or its solicitor. If unsuccessful, the matter will be referred back to court for argument and assessment by the court. Once the court has assessed the costs, the prosecutor will advise the relevant agency who will arrange payment directly to the defendant or his, her or its solicitor.

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