Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 63.57

Review by Judge of the Court

    (1)     An order of the Costs Court under Rule 63.56.1(5) or Rule 63.56.4(7) may be reviewed by a Judge of the Court.

    (2)     If any party interested objects to an order of the Costs Court under Rule 63.56.1(5) or Rule 63.56.4(7), a Judge of the Court, on the application of that party, may review the order if the Costs Court has given reasons under Rule 63.56.1(7) or Rule 63.56.4(8).

    (3)     An application under paragraph (2) shall be made by notice.

    (4)     The notice shall—

        (a)     state by a list each item in the bill in respect of which the party objects to the order of the Costs Court on the review; and

        (b)     state specifically and concisely the grounds of objection to that order and the order sought in its place.

    (5)     Within 14 days after the making of the order of the Costs Court or the giving of reasons, whichever is the later—

        (a)     the notice under paragraph (3) shall be filed; and

        (b)     a copy of the notice shall be served on each party interested.

    (6)     On the review, unless the Judge of the Court otherwise orders

        (a)     further evidence shall not be received;

        (b)     the party giving notice shall not raise any ground of objection not stated in the notice.

    (7)     On the review, the Judge of the Court may—

        (a)     exercise all the powers and discretions of the Costs Court with respect to the subject matter of the review;

        (b)     confirm, set aside or vary the order of the Costs Court or make such further or other order as may be necessary;

        (c)     remit any item in the bill to the Costs Court;

        (d)     make any other order the case requires.

    (8)     Except so far as a Judge of the Court or a Costs Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the order of the Costs Court to which the review relates.



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