Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p23
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 23/53)
Character Range: 413279–415842

it was done;
 (i) the quality of work done and whether the level of expertise was appropriate to the nature of the work;
 (j) the time in which the work was required to be done.

12.49  Neglect or delay before Judicial Registrar
 (1) This rule applies if, after a Notice Disputing Itemised Costs Account was filed under subrule 12.37(3), a party or a party's lawyer:
 (a) fails to comply with these Rules or an order; or
 (b) puts another party to unnecessary or improper expense or inconvenience.
 (2) The Judicial Registrar may:
 (a) order the party to pay costs; or
 (b) disallow all or part of the costs in the itemised costs account.

12.50  Costs assessment order—costs account not disputed
 (1) This rule applies to a person entitled to costs who:
 (a) has served an itemised costs account under rule 12.34; and
 (b) has not been served with a Notice Disputing Itemised Costs Account under rule 12.36.
 (2) A Judicial Registrar may make a costs assessment order if the person has filed:
 (a) a copy of the itemised costs account; and
 (b) an affidavit stating:
 (i) when the itemised costs account was served on the person liable to pay the costs; and
 (ii) the amount (if any) that has been received or credited for the costs; and
 (iii) that the person liable to pay the costs has not served a Notice Disputing Itemised Costs Account under rule 12.36; and
 (iv) that the time for serving a Notice Disputing Itemised Costs Account has passed.
 (3) If a costs assessment order is made under subrule (2), the person entitled to costs must serve a copy of the order on the person liable to pay costs.
 (4) A costs assessment order under this rule has the force and effect of an order of the court.

12.51  Setting aside a costs assessment order
 (1) This rule applies to a party who is liable to pay costs and receives a costs assessment order under subrule 12.44(1) or 12.50(3).
 (2) The party may, within 14 days after receiving the costs assessment order, apply to have it set aside.
Note: If a party wishes to object to a costs assessment order after an assessment hearing has taken place, the party must do so in accordance with Part 12.9.

Part 12.9—Review of assessment

12.52  Application for review
 (1) A party may apply to the court to review the decision of a Judicial Registrar at an assessment hearing under rule 12.45 by filing an Application for Review and an affidavit.
 (2) The affidavit must include:
 (a) the number of each item in the itemised costs account to which the party objects to the Judicial Registrar's decision; and
 (b) the