Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 38 RULE 21

21. (1) Where an assessment pursuant to a notice filed under rule 20 has been
made and no notice of objection has been filed, the Registrar shall refer the
proceedings for taxation to the court, and the court may, if it thinks fit,
without any application being made to it and without a hearing, order the
payment of costs in accordance with the terms of the assessment.

(2) Where a notice of objection is filed under rule 20 or the court does not
think fit to make an order under sub-rule (1), the Registrar shall arrange for
the proceedings for taxation to be set down for hearing by the court.

(3) On a hearing under sub-rule (2), the court may-

   (a)  receive such evidence as it thinks necessary to do justice between the
        parties to the taxation;

   (b)  take into account the assessment; and

   (c)  make such order as to all costs (including costs incurred before it)
        as it thinks fit.

(4) An order made by the court under sub-rule (1) or (3) shall be deemed to be
a judgment for debt immediately due and payable and recoverable in accordance
with law.