Commonwealth Consolidated Regulations

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FEDERAL COURT (BANKRUPTCY) RULES 2016 - RULE 13.04

Claim for costs

  (1)   A lawyer who wishes to claim costs must serve the documents referred to in subrule (2) on:

  (a)   if the Court makes a sequestration order--the trustee; or

  (b)   if the petition is dismissed--the debtor.

  (2)   For subrule (1), the documents are:

  (a)   a bill of costs and disbursements; and

  (b)   a copy of any receipts, vouchers or journals in support of the disbursements claimed.

  (3)   The bill need not include an itemised account of the work or services performed.

  (4)   If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give the creditor a written notice stating the costs or disbursements disputed.

  (5)   The notice must be given within 14 days after the bill is served.

  (6)   At least 14 days after the lawyer serves the documents on the trustee or debtor, the creditor may file in the Court:

  (a)   a copy of each document; and

  (b)   an affidavit of service of the bill of costs and disbursements on the trustee or debtor; and

  (c)   a copy of any notice given by the trustee or debtor under subrule (4).


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