Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 19.37

Costs assessment order--costs account not disputed

             (1)  This rule applies to a person entitled to costs who:

                     (a)  has served an itemised costs account under rule 19.21; and

                     (b)  has not received a Notice Disputing Itemised Costs Account under rule 19.23.

             (2)  A Registrar may make a costs assessment order if the person has filed:

                     (a)  a copy of the itemised costs account; and

                     (b)  an affidavit stating:

                              (i)  when the itemised costs account was served on the person liable to pay the costs;

                             (ii)  the amount (if any) that has been received or credited for the costs;

                            (iii)  that the person liable to pay the costs has not served a Notice Disputing Itemised Costs Account under rule 19.23; and

                            (iv)  that the time for serving a Notice Disputing Itemised Costs Account has passed.

             (3)  If a costs assessment order is made under subrule (2), the person entitled to costs must serve a copy of the order on the person liable to pay costs.

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



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