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Bills of Cost filed under Order 62, Federal Court Rules (ACT 1996/1)

This Notice applies to Bills of Cost filed under Order 62 of the Federal Court Rules. It does not apply to short form bills for creditors' petitions under the Bankruptcy Act 1966 or to short form bills for winding up applications under the Corporations Law.

All Bills of Cost will be dealt with under Order 62, rule 46 of the Federal Court Rules. Initially, action will be taken under the provisions of subrule 46(3). This means that an appointment to tax a Bill will not be given at the time the Bill is filed. Instead, the Bill will be considered by a taxing officer in the absence of the parties. The taxing officer will make an estimate of the approximate total for which, if the Bill were to be taxed, the certificate of taxation would be likely to issue.

When a Bill is filed, the Registry will record on each copy of the Bill the date on which the Bill will be considered by the taxing officer. The additional copies of the Bill will be immediately returned to the party who filed the Bill together with a copy of this Notice.

Prior to the date fixed for the Bill to be considered by the taxing officer, the party who filed the Bill must (if the party has not already done so) comply with Order 62, subrule 40(2) and, in particular, file (and serve) copies of receipts for disbursements. Also, the party who filed the Bill must ensure that the order for costs has been entered.

Once the taxing officer has made an estimate, each party interested in the Bill will be notified in writing of the estimate made.

NB: At least 14 days prior to the date fixed for the Bill to be considered by the taxing officer, the party filing the Bill must serve a copy of the Bill and a copy of this Notice on each other party interested in the Bill.

John Mathieson
District Registrar

14 November 1996

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