Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 40.30

Costs not to be allowed on taxation

                   A taxing officer is not to allow:

                     (a)  barrister's fees on a hearing if the barrister:

                              (i)  was not present at the hearing for a substantial amount of the relevant period; or

                             (ii)  did not give substantial assistance in the conduct of the proceeding; and

                     (b)  costs that in the opinion of the taxing officer have been incurred or increased:

                              (i)  through impropriety, unreasonableness or negligence; or

                             (ii)  through overcaution; or

                            (iii)  by agreeing:

                                        (A)  special fees to counsel; or

                                        (B)  special charges or expenses to witnesses or other persons; or

                            (iv)  by other unnecessary expense.



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