Commonwealth Numbered Regulations

1991 No. 251 RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY (AMENDMENT) - RULE 13

  13.1   Omit the rule, substitute:
Taxation of costs of agents of and persons who have provided services to a
liquidator
  "66. (1)   Where the costs, charges or expenses of a solicitor, special
manager, auctioneer, broker or other person who has provided services to a
liquidator appointed by the Court are incurred by that liquidator, the
liquidator may request the person who provided the services to deliver to the
liquidator a bill of that person s costs, charges or expenses for the purpose
of taxation.

"(2) A request under subrule (1) must be made in Form 117.

"(3) A request by a liquidator that a bill of costs in taxable form be
delivered must:

   (a)  be made a reasonable time before the declaration of a dividend in the
        winding up; and

   (b)  specify a time by which the bill should be delivered; and

   (c)  allow a reasonable time for the person who provided the services to
        prepare the bill, having regard to the scope of those services.

"(4) The person who provided the services must deliver a detailed bill in
taxable form giving full particulars of his or her costs, charges or expenses
to the liquidator within the time specified in the request by the liquidator.

"(5) If the person required to deliver a bill in taxable form under subrule
(1) does not deliver such a bill within the time specified in the notice under
subrule (3), or within such extended time as the Court may allow:

   (a)  the liquidator may disregard that person s claim in declaring and
        distributing a dividend in the winding up; and

   (b)  that person s claim against the assets of the company for the costs,
        charges and expenses which were the subject of the request to deliver
        a bill will be forfeited, unless the Court orders to the contrary.

"(6) A liquidator must file a bill delivered under subrule (4) with the
Registrar for taxation.

"(7) The taxing officer must appoint a time and place for taxation of a bill
of costs, charges or expenses and give notice of that time and place to the
liquidator.

"(8) After receiving the notice referred to in subrule (7), the liquidator
must give not less than 10 days notice of the time and place for taxation to
the person who provided the services to which the bill refers.

"(9) On taxation of the bill of costs, charges or expenses, the taxing officer
may require the liquidator and the party who provided the services to the
liquidator to provide all documents and to give all information relevant to
the fixing of proper charges for those services.

"(10) Following taxation of the bill, the taxing officer must issue a
certificate of taxation to the liquidator and to the person who provided the
services to which the bill refers.

"(11) Every taxation of costs, charges or expenses and every decision of a
taxing officer under this rule is subject to review by a Judge.

"(12) An application for review under subrule (11) of a decision of a taxing
officer may be made by notice of motion in the winding up proceedings.

"(13) On taxation, a liquidator or special manager who is remunerated for his
or her services as liquidator or special manager in a winding up by the Court
will not be allowed payment for the performance by any other person of duties
which would ordinarily be performed by the liquidator or special manager.

"(14) A liquidator who is a solicitor may contract that the remuneration for
his or her services as liquidator includes all professional services.

"(15) Order 65 of these Rules applies so far as it is capable of application
and with such adaptations as may be necessary to the taxing of costs under
this rule.".