Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 57.01

57.01.1     A party filing a bill of costs for taxation may indorse on the bill a request that a Taxing Officer, in the absence of the parties and without making any determination of any individual item in the bill, make an estimate of the approximate amount of professional charges and disbursements that, in the opinion of the Taxing Officer, would be allowed if the bill of costs were taxed.

57.01.2     If a party has indorsed a bill with a request under rule   57.01.1:

  (a)   the party filing the bill must, within 7 days after filing the bill, serve the bill and each of the documents referred to in rule   54.02.4 on each other party to the taxation; and

  (b)   the party filing the bill must, within 7 days after filing the bill, file an affidavit deposing to the time and manner of the service required by paragraph   (a); and

  (c)   the Taxing Officer must not make the estimate requested until at least 14 days after the bill is filed.

57.01.3     The Taxing Officer will notify each party to the taxation, in writing, of the estimate made under rule   57.01.1.

57.01.4     Unless, within 14 days of the Taxing Officer sending notice of the estimate made under rule   57.01.1:

  (a)   the party who has filed the bill gives notice that that party disputes the estimate and requires taxation of the bill; or

  (b)   a party interested files and serves on all other parties to the taxation a notice of objection under rule   57.02;

there shall be no taxation of the bill and a Certificate of Taxation shall be issued for the amount of the estimate.

57.01.5     Where a Taxing Officer has been asked to make an estimate under this rule, no notice of dispute or notice of objection may be filed:

  (a)   until after that estimate has been made; and

  (b)   unless the party seeking to file it shall first have paid into the High Court of Australia Suitors' Fund the sum of $1   250 as security for the costs of the taxation.

57.01.6     Where a notice of dispute or notice of objection is filed in accordance with this rule, the Taxing Officer shall appoint a time and place for the taxation of the bill.