Commonwealth Numbered Regulations

1993 No. 137 FEDERAL COURT RULES (AMENDMENT) - RULE 38

38.1 Omit the rule, substitute: Short form bills for winding up
applications-subsection 466 (2)

"43. (1) If an order is made for the winding up of a company in a proceeding
under the Corporations Law instituted in the Court, an applicant may claim as
his or her costs of the application:

   (a)  the amounts that, on the date on which the application was filed, were
        the prescribed amounts in item 51 in Schedule 2; and

   (b)  his or her proper disbursements incurred in relation to the
        application.

"(2) An applicant claiming costs must serve on the liquidator appointed to the
company:

   (a)  a bill of costs and disbursements, which need not include an itemised
        account of the work or services performed; and

   (b)  copies of receipts, vouchers or journals that evidence the
        disbursements claimed.

"(3) Within 14 days of service of a bill of costs and disbursements, the
liquidator must advise the applicant in writing whether or not any, and, if
so, which, of the costs or disbursements claimed are disputed by the
liquidator.

"(4) Within 14 days of receipt of an advice given by the liquidator under
subrule (3), the applicant must file with the Court:

   (a)  the documents referred to in subrule (2); and

   (b)  an affidavit of service of the bill of costs and disbursements on the
        liquidator; and

   (c)  a copy of the advice given by the liquidator.

"(5) The applicant, the liquidator and their respective solicitors must not
attend on taxation of the bill of costs and disbursements, unless directed to
do so by a taxing officer.

"(6) This rule does not limit an applicant's right to claim the taxed costs of
the winding up application under Order 62, except that an applicant who claims
the costs of a winding up application:

   (a)  under this rule-has no further claim to recover any or all of the
        taxed costs of that application under Order 62; and

   (b)  under Order 62-has no further claim to recover any or all of the taxed
        costs of that application under this rule.".