Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 40.23

Provisional taxation

             (1)  A taxing officer may, in the absence of the parties, provisionally tax a bill.

             (2)  However, the taxing officer may, before completing the provisional taxation, require the parties to file submissions identifying the issues in dispute in relation to the bill.

             (3)  The taxing officer will give a written notice to the parties stating the amount for which the bill is provisionally taxed and identifying the amounts provisionally taxed off the bill.

             (4)  A party interested in the bill may, within 21 days after the date of the written notice given by the taxing officer in accordance with subrule (3), file a notice requesting a full taxation, in accordance with Form 129.

             (5)  In the absence of a party filing a notice in accordance with subrule (4), the amount to which a bill was provisionally taxed will be the amount for which the certificate of taxation will be issued.

Note:          Party interested in the bill is defined in the Dictionary.



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