Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 19.32

Assessment hearing

             (1)  The Registrar conducting an assessment hearing for a disputed itemised costs account must:

                     (a)  determine the amount (if any) to be deducted from each item included in the Notice Disputing Itemised Costs Account;

                     (b)  determine the total amount payable for the costs of the assessment (if any);

                     (c)  calculate the total amount payable for the costs allowed;

                     (d)  deduct the total amount (if any) of costs paid or credited; and

                     (e)  calculate the total amount payable for costs.

             (2)  At the assessment hearing, a party may only raise as an issue a disputed item included in the Notice Disputing Itemised Costs Account.

             (3)  At the end of the assessment hearing, the Registrar must:

                     (a)  make a costs assessment order; and

                     (b)  give a copy of the order to each party.

Note:          At an assessment hearing, the onus of proof is on the person entitled to costs. That person should bring to the hearing all documents supporting the items claimed.

             (4)  Within 14 days after the costs assessment order is made, a party may ask the Registrar to give reasons for the Registrar's decision about a disputed item.

             (5)  A cost assessment order under this rule has the force and effect of an order of the court.



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