Notices to practitioners issued
by the NSW District Registrar
Bills
of Cost Filed under Order 62, Federal Court Rules
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
16 February 2000
