Victorian Consolidated Regulations Victorian Consolidated Regulations(1) An application by a party under section 17HA(1) of the Act to the Costs Court constituted by a Costs Judge for a review of a determination made by a judicial 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 judicial registrar who made the determination or 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) Subject to paragraphs (1), (3) and (4), an application to the Costs Court constituted by a Costs Judge for a review of a determination made by a judicial registrar may be made whether the determination was made—
(a) at first instance;
(b) on a reconsideration under Rule 63.93;
(c) on a review under section 17H(1) of the Act of a costs registrar's determination; or
(d) on a review under section 17H(3) of the Act by the Costs Court constituted by a judicial registrar, on its own motion, of a costs registrar's determination.
(3) Where a determination made by a judicial registrar ( the original determination ) is the subject of a pending application for reconsideration under Rule 63.93 or has been reconsidered under that Rule, the original determination shall not be made the subject of an application under section 17HA(1) of the Act to the Costs Court constituted by a Costs Judge for a review.
(4) Where a determination of a judicial registrar could have been made, but has not been made, the subject of an application for reconsideration under Rule 63.93, the determination shall not be made the subject of an application under section 17HA(1) of the Act to the Costs Court constituted by a Costs Judge for a review unless the judicial registrar who made the determination or the Costs Court constituted by a Costs Judge, by order, gives leave to make the application for review.
(5) An application or proposed application for review under section 17HA(1) of the Act shall be made by notice of application for review.
(6) 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—
(a) within 14 days of the making of the determination of the judicial registrar; or
(b) where the judicial registrar has given written reasons for the determination or has been duly required pursuant to this Part to give such reasons, within 14 days of the giving of the written reasons.
(7) The notice of application for review shall—
(a) state the extent to which the determination of the judicial 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 (4) 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 Costs Judge, state the grounds relied on for a grant of leave.
(8) Without limiting paragraph (7), if the determination of the judicial registrar is or includes a determination—
(a) allowing or disallowing, wholly or in part, any item in a bill;
(b) allowing some amount in respect of any item; or
(c) confirming, setting aside or varying any such allowance or disallowance—
the notice of application for review shall include—
(d) a list stating each item in the bill in respect of which the party objects to the determination; and
(e) a statement indicating specifically and concisely, item by item, the grounds of objection to the determination, and the determination sought in its place.
(9) Where leave to make a proposed application for review is sought from the Costs Court constituted by a Costs Judge—
(a) the Costs Court constituted by a Costs Judge may, in its discretion, hear and determine the application for leave either in advance of or together with the proposed application for a 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 17HA(1) of the Act in accordance with the filed notice of application for review and to have duly served a copy of the notice.
(10) Unless the Costs Court constituted by a Costs Judge otherwise orders, to the extent that a review under section 17HA(1) of the Act relates to a determination of a kind referred to in paragraph (8)(a), (b) or (c)—
(a) further evidence in that regard shall not be received; and
(b) the applicant shall not raise any ground of review or objection not stated in the notice.
(11) A review under section 17HA(1) of the Act shall be a review in the nature of a rehearing, not a review de novo, and the determination of the judicial registrar may only be challenged for error.
(12) Subject to paragraphs (10), (11) and (13), on the review, the Costs Court constituted by a Costs Judge may—
(a) receive further evidence on questions of fact, whether by oral examination in court, by affidavit or by deposition taken before an examiner; and
(b) draw inferences of fact.
(13) To the extent that the review relates to a determination of a kind referred to in paragraph (8)(a), (b) or (c), or relates only to the costs of a proceeding or matter which was heard and determined by the judicial registrar, 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.
(14) Subject to paragraphs (1), (4), (8), (10), (11), (12) and (13), on the review, the Costs Court constituted by a Costs Judge may—
(a) exercise all the powers and discretions of the Costs Court with respect to the subject matter of the review;
(b) confirm, set aside or vary the determination of the judicial registrar;
(c) remit any objection to the Costs Court constituted by a judicial registrar or a costs registrar for determination or redetermination; and
(d) make such further or other determination as it considers necessary or appropriate.
(15) The Costs Court constituted by a Costs Judge—
(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.
(16) A review under section 17HA(3) of the Act by the Costs Court constituted by a Costs Judge, on its own motion, of a determination of a judicial registrar is to be commenced within 14 days after the making of the determination of the judicial registrar.
(17) Where the Costs Court constituted by a Costs Judge conducts a review under section 17H(3) of the Act, on its own motion, of a determination of a judicial 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 interested within seven days after making its final determination shall, give written reasons for its final determination.
Rule 63.95 inserted by S.R. No. 131/2018 rule 6.