Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 40.34

Review by Court

         (1)   A party who attended a taxation may apply to the Court for a review of the taxation and any consequential orders.

         (2)   The application must be in accordance with Form 133 and state, briefly but specifically:

                (a)    the items in the bill that are subject to challenge; and

               (b)    whether the party wants the item included, deleted or varied and, if varied, the amount of the variation.

         (3)   A party must not, on an application for review, raise any ground of objection, or response to an objection, not taken in the party's notice under rules 40.25 (1) or 40.26 (1).

Note    For the parties who may attend the taxation, see rule 40.27.

         (4)   The application must be filed and served on all interested parties within 28 days after the issue of the certificate of taxation.

         (5)   The Court may call for a written report from the taxing officer.

         (6)   No further evidence will be received on the review.

Note    The Court may exercise all of the powers of the taxing officer in relation to the items under review and may make any other orders, including altering the certificate of taxation or remitting an item to the same or any other taxing officer for taxation.

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