Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 63.95

Reconsideration of determinations of Costs Judge

    (1)     Any party interested who objects to a determination made by the Costs Court constituted by a Costs Judge, being a determination

        (a)     that is made by the Costs Court constituted by a Costs Judge at first instance and not on a review of a determination made by a costs registrar or a judicial registrar and not on a reconsideration under this Rule;

        (b)     that is a final determination; and

        (c)     that has been stated in the form of an order

may apply to the Costs Court constituted by that Costs Judge for a reconsideration of the determination.

    (2)     An application under paragraph (1) shall be made by notice of application for reconsideration.

    (3)     The notice of application for reconsideration shall be filed and a copy served on each party interested within 14 days of the making of the determination of the Costs Court constituted by the Costs Judge.

    (4)     Without limiting paragraph (5), the notice of application for reconsideration shall state—

        (a)     the extent to which the determination of the Costs Court constituted by the Costs Judge is objected to; and

        (b)     the grounds of the objection.

    (5)     If the determination of the Costs Court constituted by the Costs Judge 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—

the notice of application for reconsideration 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)     To the extent that the determination under reconsideration is a determination of a kind referred to in paragraph (5)(a) or (b), the Costs Court constituted by the Costs Judge, upon the application for reconsideration—

        (a)     shall reconsider the taxation upon the objections stated in the notice of application for reconsideration;

        (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.

    (7)     Except as provided by paragraphs (4), (5) and (6), the reconsideration shall be a de novo reconsideration.

    (8)     The Costs Court constituted by the Costs Judge

        (a)     shall state its final determination on the reconsideration in the form of an order; and

        (b)     may, and if required by any party interested within seven days after making its final determination on the reconsideration shall, give written reasons for its final determination.

Rule 63.96 inserted by S.R. No. 131/2018 rule 6.



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