Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 40.31

Exercise of taxing officer's discretion

    If a party wants a fee, allowance or disbursement that may be allowed in the taxing officer's discretion, the taxing officer may have regard to the following:

  (a)   the nature and importance of the proceeding;

  (b)   the amount of the claim;

  (c)   the damages, if any, awarded;

  (d)   the principle involved;

  (e)   the conduct and cost of the proceeding;

  (f)   other fees and allowances claimed by the party's lawyers;

  (g)   any other relevant circumstance.


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