Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.32

Assessment hearing
(1)
The Registrar conducting an assessment hearing for a disputed itemised costs account must:

(a)
determine the amount (if any) to be deducted from each item included in the Form 15;

(b)
determine the total amount payable for the costs of the assessment (if any);

(c)
calculate the total amount payable for the costs allowed;

(d)
deduct the total amount (if any) of costs paid or credited; and

(e)
calculate the total amount payable for costs.

(2)
At the assessment hearing, a party may only raise an item included in the itemised costs account or the Form 15.

(3)
At the end of the assessment hearing, the Registrar must:

(a)
make a costs assessment order; and

(b)
give a copy of the order to each party.

Note
At an assessment hearing, the onus of proof is on the person entitled to costs. That person should bring to the hearing all documents supporting the items claimed.



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