Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 62.44

Review
44. (1) Where a taxing officer gives a certificate in accordance with his
decision on reconsideration under rule 43 and pursuant to that rule a party
requests the taxing officer to state his reasons for the decision, the Court
shall, on motion by any party interested, review the decision of the taxing
officer on reconsideration.

(2) Where, during the time within which a request may be made under rule 43,
it becomes impracticable to make the request by reason of the death or
incapacity of, or other matter personal to, the taxing officer, sub-rule (1)
shall apply notwithstanding that a request under rule 43 has not been made.

(3) Notice of the motion shall be filed within 28 days after the certificate
is given, but the Court, or the taxing officer when giving his certificate,
may extend the time.

(4) On the review, unless the Court by order otherwise directs-

   (a)  further evidence shall not be received; and

   (b)  a party shall not raise any ground of objection not either stated in a
        statement of objection or raised before the taxing officer.

(5) Subject to sub-rule (4), on the review, the Court may-

   (a)  exercise all the powers and discretions of the taxing officer in
        relation to the subject matter of the review;

   (b)  make orders for the alteration of the certificate;

   (c)  make orders for the remission of any item to the same or any other
        taxing officer for taxation; and

   (d)  make such other orders as the nature of the case requires.



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