Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 63.67

    (1)     Where a solicitor who is entitled to be paid costs fails or refuses to serve a bill for the costs on the client, the Costs Court may—

        (a)     disallow the costs of the solicitor or allow a nominal or other sum for costs;

        (b)     order the solicitor to pay any costs of the client occasioned by the failure or refusal.

    (2)     Where a person who is entitled to have a bill of costs taxed fails or refuses to do so, and any person interested in the taxation is prejudiced thereby, the Costs Court may—

        (a)     disallow any costs which might otherwise be payable to the person entitled to have the bill taxed or allow a nominal or other sum for costs;

        (b)     order that person to pay any costs of the person interested occasioned by the failure or refusal.

    (3)     For the purpose of the Rule—

        (a)     a solicitor shall be taken to have failed or refused to serve a bill of costs if within 60 days after service on the solicitor of a request in writing by the client that the solicitor serve a bill the solicitor does not do so;

        (b)     a person shall be taken to have failed or refused to have a bill of costs taxed if within 60 days after service on the person of a request in writing by any person interested that the bill be taxed that person does not apply in accordance with Rule 63.38 for the taxation of the bill.