(a) work done by the solicitor, his servants and agents;
(b) costs claimed for the work done in paragraph (a) above; and
(c) disbursements made.
(2) There shall be endorsed on the bill a certificate signed by a solicitor verifying the additions in it, and there shall be attached to it or otherwise filed with it in a convenient manner originals or legible copies of receipts for disbursements, or if a disbursement has not been paid, copies of all relevant accounts.
Pursuant to Order 62 subrules 46(1), (2) and (2A) of the Federal Court Rules a Registrar shall have a discretion to decline to give an appointment to tax a Bill of Costs and instead may have the bill assessed in accordance with subrule 46(3).
Order 62 subrule 46(2A) states:-
(2A) If a bill is to be assessed in accordance with subrule (3):
(a) the Registrar must endorse the bill and each copy of it with the date when the taxing officer is to make an estimate and return the bill and copies to the party filing the bill; and
(b) the party filing the bill must serve a copy of the bill and the documents mentioned in subrule 40(2) on each other party to the assessment at least 7 days before the date endorsed on the bill.
In general, when a Bill of Costs is filed in the NT Registry of the Federal Court, the District Registrar will direct a taxing officer, without making any determination on the individual items in the bill, to 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.
The District Registrar will endorse on each copy of the bill the date on which it will be considered by the taxing officer under Order 62 subrule 46(3)(a). Additional copies of the bill will be returned to the party who filed the bill together with a copy of this Notice.
Order 62 subrule 46(3) states:-
(3) (a)A taxing officer
may, in the absence of the parties and without making any determination on the
individual items in the bill, 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.
(b) The Registrar will notify
each party interested in the bill in writing of an estimate made under
paragraph (a).
(c) A party interested may,
within 21 days after the date of issue of a notice under paragraph (b), file
and serve on each other party a notice of objection to the estimate.
(ca) If there is no notice of objection, the amount of the estimate is deemed to be the amount for which a certificate of taxation may be issued.
(cb) If a certificate of taxation
has been issued for an amount determined under paragraph (ca), a party that has
not received a notice under paragraph (b) may apply by motion to the Court for
an order to set aside the certificate of taxation.
(d) The Registrar must not
accept a notice of objection for filing unless the party filing the notice pays
into the Litigants’ Fund an amount of $1,250 as security for the costs of any
taxation of the bill.
(e) Where a notice of objection
is filed, the Registrar may direct that subrule (4) apply, or that taxation of
the bill proceed.
The party lodging the Bill of Costs must serve a copy of the endorsed bill and the documents mentioned in subrule 40(2) on each other party, and is required to file with the Court an affidavit confirming service.
The parties are not required to attend before the taxing officer on the date endorsed on the bill, as the assessment will be made in their absence.
Once the taxing officer has made an assessment, each party will receive written notification from the Registry of the amount of the estimate.
If there is no notice of objection, and the Court is satisfied of all other requirements under the Rules, the District Registrar shall issue a Certificate of Taxation in the amount of the estimate.
