Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p20
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 20/53)
Character Range: 405973–408728

who served the itemised costs account at least 14 days notice of the court event and the date fixed for the event under rule 12.39.

12.41  Settlement conference
  At a settlement conference for an itemised costs account, a Judicial Registrar:
 (a) must:
 (i) give the parties an opportunity to agree about the amount for which a costs assessment order should be made; or
 (ii) identify the issues in dispute; and
 (b) must make procedural orders for the future conduct of the assessment process.

12.42  Preliminary assessment
 (1) At a preliminary assessment of an itemised costs account, a Judicial Registrar must, in the absence of the parties, calculate the amount (the preliminary assessment amount) for which, if the costs were to be assessed, the costs assessment order would be likely to be made.
 (2) The Judicial Registrar must give each party written notice of the preliminary assessment amount.

12.43  Objection to preliminary assessment amount
 (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).

12.44  No objection to preliminary assessment
 (1) If:
 (a) a Judicial Registrar does not receive a notice of objection under paragraph 12.43(1)(a); or
 (b) an amount as security for costs is not paid under paragraph 12.43(1)(b);
the Judicial Registrar may make a costs assessment order for the amount of the preliminary assessment amount calculated under rule 12.42.
 (2) A costs assessment order under this rule has the force and effect of an order of the court.

12.45  Assessment hearing
 (1) The Judicial Registrar conducting an assessment hearing for a disputed itemised costs account must:
 (a) determine the amount (if any) to be deducted from each item included in the Notice Disputing Itemised Costs Account; and
 (b) determine the total amount (if any) payable for the costs of the assessment; and
 (c) calculate the total amount