Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 40.42

Procedure--short form bills under Corporations Act 2001

             (1)  A plaintiff who claims costs under rule 40.41 must serve on the liquidator of the corporation, and the defendant, a bill that includes disbursements (the bill ), which need not include an itemised account of:

                     (a)  the work or services performed; or

                     (b)  the disbursements incurred.

             (2)  Unless a party interested in a bill objects to the amount claimed in the bill, in accordance with rule 40.25, a certificate of taxation will be issued for the sum of:

                     (a)  the amount mentioned in item 13 of Schedule 3 or, if a lesser amount is claimed in the bill, that amount; and

                     (b)  any disbursements properly incurred.

             (3)  If the liquidator, or the defendant, objects to the claim being made under rule 40.41, the liquidator, or the defendant, must, within 14 days after being served with the bill, give the plaintiff written notice of the objection.

             (4)  If the plaintiff receives a notice of objection, the plaintiff must, within 14 days after receiving the notice, file a copy of the following documents:

                     (a)  the notice;

                     (b)  the bill;

                     (c)  the affidavit of service of the bill on the liquidator and the defendant;

                     (d)  either:

                              (i)  an itemised account;

                             (ii)  or evidence that the costs incurred by the plaintiff were equal to, or more than, the amount of the bill.

Note:          For the taxation of a bill, see rule 40.27.

             (5)  The parties, and the liquidator, must not attend on taxation of the bill unless directed to do so by the taxing officer.

             (6)  This rule does not limit a plaintiff's right to claim taxed costs of the proceeding, under Division 40.2.

             (7)  However, a plaintiff who claims costs:

                     (a)  under this rule--has no further claim to recover any of the taxed costs of the proceeding under Division 40.2; and

                     (b)  under Division 40.2--has no further right to recover any of the taxed costs of the proceeding under this rule.



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