Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 38 RULE 20

20. (1) An action by a legal practitioner against a client or former client
for the recovery of costs of proceedings, including fees, charges or
disbursements, shall not be commenced until the expiration of 28 days after an
account for the costs has been served on the person to be charged with the
costs and any notice disputing the costs duly served under this rule has been
dealt with in accordance with this Division.

(2) The service of an account shall be effected in accordance with Order 18,
paragraph 5 (1) (a), (b) or (d).

(3) If a person to be charged with costs of proceedings disputes the account
or any part of it, the person may, within 21 days after service of the account
upon the person, file in the court and serve on the solicitor who rendered the
account a notice that sets out the parts of the account that the person
disputes and requiring the costs to be taxed by the Registrar.

(4) A notice under sub-rule (3) shall be in accordance with Form 56.

(5) Where an order is made under paragraph 19 (1) (c) or (d), for the taxing
of costs or a notice is filed under sub-rule (3), the Registrar shall proceed
to tax the account in accordance with the practice and procedure for taxation
in the court.

(6) In taxing an account, the Registrar shall have regard to the costs and
disbursements properly incurred for the proceedings, the complexity of the
proceedings, the time reasonably spent in relation to the proceedings and all
other relevant matters.

(7) On completion of taxation, the Registrar shall assess what costs, if any,
should be paid by either party to the taxation proceedings to the other party
in relation to costs incurred in the taxation proceedings in such amount as
the Registrar thinks fit.

(8) The Registrar shall issue an assessment specifying the amount, if any,
payable by either party to the taxation proceedings to the other party and
such an assessment shall take into account any amount assessed under sub-rule
(7).

(9) An assessment for the purposes of sub-rule (8) shall be in accordance with
Form 57 and a copy of the assessment shall be furnished by the Registrar to
each of the parties to the taxation.

(10) Where an order has been made under paragraph 19 (1) (c) for taxation of
costs and a person has been furnished with a copy of the assessment of those
costs in accordance with sub-rule (9), that person shall, within 14 days
thereafter, pay to the person entitled the amount of the assessment or file a
notice of objection.

(11) Where a person has been furnished with a copy of an assessment in
accordance with sub-rule (9), the person shall be taken to have consented to
the court making an order in terms of the assessment unless, within 14 days
after receipt of the copy of the assessment, the person files a notice of
objection.

(12) A notice of objection shall be in accordance with Form 58 and shall be
served on the other party to the taxation proceedings.

(13) Where a party to proceedings has been provided with assistance in
relation to those proceedings by the Australian Legal Aid Office, or by a body
that is a relevant authority within the meaning of section 116C of the Act,
that Office or body is in relation to that party and his or her legal
practitioner, a "person to be charged" with costs of the proceedings.