FEDERAL COURT RULES
- ORDER 62 RULE 46
Assessment procedures

(1)

Notwithstanding anything in this Order, the Registrar shall have a discretion to apply the provisions or a provision of this rule, and may for that purpose decline to give an appointment to tax a bill on its being filed, and may require the party who filed the bill to lodge any documents in the possession or power of that party.

(2)

If the Registrar decides to apply this rule, unless the Registrar directs that action be taken under subrule (4) or (6), the bill must be assessed in accordance with subrule (3).

(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.

(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)

Unless within 14 days of receipt of notice under paragraph (b), a party interested files and serves on each other party a notice of objection to the estimate, there shall be no taxation, and the amount of the estimate shall be deemed to be the amount for which a certificate of taxation may issue.

(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.

(4)

(a) Upon the direction of the Registrar under subrule (2) or paragraph (e) of subrule (3), a taxing officer may, in the absence of the parties, provisionally tax the bill, noting legibly upon it in ink all amounts provisionally taxed off.

(b)

The Registrar will serve a photocopy of the bill so provisionally taxed on each party interested.

(c)

Unless within 21 days of receipt of a photocopy of the provisionally taxed bill, a party interested files and serves on each other party a notice requiring a full taxation, there shall be no further taxation, and the amount at which the bill was provisionally taxed shall be deemed to be the amount for which a certificate of taxation may issue.

(d)

A notice requiring a full taxation shall:

(i)

set out a complete list of each item or part of an item in the bill to the treatment of which upon the provisional taxation the party filing the notice objects; and

(ii)

specify the nature and grounds of objection and the extent to which it is contended each item or part of an item should have been allowed or disallowed as the case may be.

(e)

Within 21 days of service of a notice under paragraph (c), a party served may file and serve on each other party a notice containing corresponding details of any item or part of an item to the treatment of which upon the provisional taxation that party objects and of the nature and grounds of such objections.

(f)

On taxation of the bill and subject to a discretion of the taxing officer exercisable in exceptional circumstances only, all items shall be taxed as they were provisionally taxed to the extent that they are not referred to in a notice filed pursuant to paragraph (c) or (e) and no ground shall be relied on which is not specifically set out in such a notice.

(4A)

If a notice of objection is filed under paragraph 46 (3) (c), or a notice requiring a full taxation is filed under paragraph 46 (4) (c), the party filing the notice shall bear the costs of taxation of all parties from the date of filing the notice unless, on taxation, there is obtained in that party's favour a variation of at least 15% of the estimate of taxed costs or of the amount provisionally taxed.

(5)

Each District Registrar may produce figures for the guidance of parties and solicitors in relation to costs estimated or taxed in the district registry.

(6)

At any time after the making of an order for costs, and before the issue of a certificate of taxation in accordance with an estimate or provisional taxation or full taxation:

(a)

the Registrar may order (either on the application of a party or of the Registrar's own motion) that the parties attend before a designated Registrar or other designated officer in confidential conference with a view to:

(i)

reaching a mediated resolution of the amount for which a certificate of taxation should issue; or

(ii)

clarifying the real issues in dispute; and

(b)

if the Registrar makes an order under paragraph (a) — each party must file and serve on the other parties, at least 7 days before the date of the conference, a brief summary of the issues in dispute and the contentions to be raised in respect of the issues.

(6A) If:

(a)

the party who filed the notice of objection withdraws the notice of objection before the taxation or provisional taxation is completed; or

(b)

21 days have passed after notification by the Registrar to the parties of a completed taxation or provisional taxation under this rule and no party has objected to that taxation;

the Registrar, having regard to the liability of any party to pay the costs of the taxation under this rule, must:

(c)

determine how the amount paid under paragraph (3) (d) as security for the costs of taxation is to be distributed or refunded to the parties; and

(d)

direct that payment be made out of Court accordingly.

(7)

In this rule a reference to a Registrar extends only to persons occupying the office or for the time being performing the duties of Registrar or District Registrar of the Court.