Notices to practitioners issued
by the ACT District Registrar
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.
