Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 58.02

Costs and the Taxing Officer's estimate

58.02.1     Rule   58.02.1A applies if:

  (a)   a Taxing Officer has made an estimate under rule   57.01; and

  (b)   a party (the filing party ) has filed a notice of dispute or a notice of objection, in accordance with rule   57.01, in relation to the estimate.

58.02.1A     If, after taxation of the bill, the total of the professional charges and disbursements allowed:

  (a)   is varied in the filing party's favour by one - sixth or more--the costs of, and incidental to, the taxation that the Taxing Officer considers reasonable must be paid by such party as the Taxing Officer directs; or

  (b)   is not varied in the filing party's favour by one - sixth or more--the filing party must pay the costs of, and incidental to, the taxation (including any taxing fee).

58.02.2     An amount paid into the High Court of Australia Suitors' Fund as security for the costs of the taxation shall be paid out, after the hearing and determination of any application for reconsideration of a taxation and any review of the taxation, or where no reconsideration or review is sought, after the expiration of the time limited for the taking of those steps as the Taxation Officer sees fit.


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