Victorian Consolidated Regulations Victorian Consolidated Regulations(1) An application by a party under section 17H(1) of the Act to the Costs Court constituted by a judicial registrar for a review of a determination made by a costs registrar may only be made where—
(a) the determination—
(i) is a final determination; and
(ii) has been stated in the form of an order; or
(b) the costs registrar who made the determination or the Costs Court constituted by a judicial registrar or by a Costs Judge is satisfied that there are circumstances that warrant a dispensation from the requirements of paragraph (a) and, by order, grants leave to make the application for review accordingly.
(2) An application or proposed application for review under section 17H(1) of the Act shall be made by notice of application for review.
(3) Whether or not leave to make the application or proposed application for review is or was required or has been sought or granted, the notice of application for review shall be filed and a copy served on each party interested within 14 days of the making of the determination of the costs registrar.
(4) The notice of application for review shall—
(a) state the extent to which the determination of the costs registrar is objected to;
(b) state the grounds of the objection;
(c) state whether leave to make the application or proposed application for review is or was required under paragraph (1)(b) or otherwise;
(d) where leave was required and has been granted, give details of the order granting leave; and
(e) where leave is required and is to be sought from the Costs Court constituted by a judicial registrar, state the grounds relied on for a grant of leave.
(5) Without limiting paragraph (4), if the determination of the costs registrar is or includes a determination—
(a) allowing or disallowing, wholly or in part, any item in a bill; or
(b) allowing some amount in respect of any item—
and the party objects to such allowance or disallowance, the notice of application for review shall include—
(c) a list stating each item in the bill in respect of which the party objects to the allowance or disallowance; and
(d) a statement indicating specifically and concisely, item by item, the grounds of objection to the allowance or disallowance and the allowance or disallowance sought in its place.
(6) Where leave to make a proposed application for review is sought from the Costs Court constituted by a judicial registrar—
(a) the Costs Court constituted by a judicial registrar may, in its discretion, hear and determine the application for leave either in advance of or together with the proposed application for review;
(b) if it refuses leave, it shall, by order, make a determination dismissing the application for leave; and
(c) if it grants leave, then, unless it otherwise orders, the applicant is thereupon taken to have duly made an application for review under section 17H(1) of the Act in accordance with the filed notice of application for review and to have duly served a copy of the notice.
(7) To the extent that an application for review relates to a determination of a kind referred to in paragraph (5)(a) or (b) or relates only to the costs of a proceeding or matter which was heard and determined by the costs registrar—
(a) the review shall be a rehearing, not a review de novo;
(b) the determination may only be challenged for alleged error; and
(c) the same restrictions and principles apply to the review of the determination as would apply to a review of, or an appeal from, a like discretionary determination made by any taxing officer.
(8) Subject to paragraph (7), to the extent that a review under section 17H(1) of the Act relates to a determination of a kind referred to in paragraph (5)(a) or (b), the Costs Court constituted by a judicial registrar—
(a) shall review the taxation upon the objections stated;
(b) may, in its discretion, receive further evidence in respect of any objection;
(c) may confirm, set aside or vary the taxation; and
(d) may make such further or other determination as it considers necessary or appropriate.
(9) Except as provided by paragraphs (1), (4), (5), (6), (7) and (8), a review under section 17H(1) of the Act shall be a review de novo.
(10) The Costs Court constituted by the judicial registrar—
(a) shall state its final determination on the review in the form of an order; and
(b) may, and if required by any party within seven days after making its final determination on the review shall, give written reasons for its final determination.
(11) A review under section 17H(3) of the Act by the Costs Court constituted by a judicial registrar or by a Costs Judge, on the Costs Court's own motion, of a determination of a costs registrar, shall be commenced within 14 days after the making of the determination of the costs registrar.
(12) Where the Costs Court constituted by a judicial registrar or by a Costs Judge conducts a review under section 17H(3) of the Act, on its own motion, of a determination of a costs registrar, it—
(a) shall state its final determination on the review in the form of an order; and
(b) may, and if required by any party within seven days after making its final determination on the review shall, give written reasons for its final determination.
Rule 63.92 inserted by S.R. No. 131/2018 rule 6.