Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 40.44

Procedure--short form bills for migration appeals

             (1)  A party who claims costs under rule 40.43 (the claimant ) must serve on the other party 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 an amount claimed in the bill, in accordance with rule 40.25, a certificate of taxation will be issued for the sum of:

                     (a)  an amount mentioned in item 15 of Schedule 3 or, if a lesser amount is claimed in the bill, that amount; and

                     (b)  any disbursements properly incurred.

             (3)  If the other party objects to the claim being made under rule 40.43, the other party must, within 14 days after being served with the bill, give the claimant written notice of the objection.

             (4)  If the claimant receives a notice of objection, the claimant 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 other party;

                     (d)  an itemised account or evidence that the costs incurred by the claimant were equal to, or more than, the amount of the bill.

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

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

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

             (7)  However, a party who claims costs:

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

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

Rules 40.45-40.50 left blank



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