Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.43

             (1)  A party may object to the preliminary assessment amount calculated under rule 12.42 by:

                     (a)  giving written notice of the objection to the Judicial Registrar and the other party; and

                     (b)  paying into court a sum equal to 5% of the total amount claimed in the itemised costs account as security for the cost of any assessment of the account;

within 21 days after receiving written notice of the preliminary assessment amount.

             (2)  On receiving a notice and security, the Judicial Registrar must fix a date for an assessment hearing for the itemised costs account.

             (3)  The party objecting may be ordered to pay the other party's costs of the assessment from the date of giving notice under paragraph (1)(a) unless the itemised costs account is assessed with a variation in the objecting party's favour of at least 20% of the preliminary assessment amount.

Note:          The court may order that a party is not required to pay security under paragraph (1)(b).