Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p62
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 146514–149124

amount of the costs allowed on taxation.
57.04.4  A certificate of taxation shall not be signed until the taxing fee has been paid.

57.05  Review of taxation
57.05.1  If a party is dissatisfied with the certificate of the Taxing Officer as to any item or part of an item reconsidered by the Taxing Officer under rule 57.03.2, that party may, within 14 days from the date of the certificate, or such other time as the Court or a Justice or the Taxing Officer at the time of signing the certificate allows, apply to a Justice for an order to review the taxation as to that item or part of an item.
57.05.2  An application under rule 57.05.1 shall be made by filing and serving an application in Form 21 together with an affidavit in support setting out the evidence that was before the Taxing Officer in relation to the item or items concerned.
57.05.3  The Justice may make such order on the review as the Justice thinks fit.
57.05.4  The certificate of the Taxing Officer is final and conclusive as to all matters which have not been objected to in accordance with rule 57.05.1.
57.05.5  An application under rule 57.05.1 shall be heard and determined by the Justice upon the evidence which was before the Taxing Officer and no further evidence shall be received upon the hearing of the application unless the Justice otherwise directs.

Part 58—Costs of taxation

58.01  Costs of preparing and taxing bill
  The Taxing Officer shall fix the costs of preparing and taxing a bill of costs.

58.02  Costs and the Taxing Officer's estimate
58.02.1  Rule 58.02.1A applies if:
 (a) a Taxing Officer has made an estimate under rule 57.01; and
 (b) a party (the filing party) has filed a notice of dispute or a notice of objection, in accordance with rule 57.01, in relation to the estimate.
58.02.1A  If, after taxation of the bill, the total of the professional charges and disbursements allowed:
 (a) is varied in the filing party's favour by one‑sixth or more—the costs of, and incidental to, the taxation that the Taxing Officer considers reasonable must be paid by such party as the Taxing Officer directs; or
 (b) is not varied in the filing party's favour by one‑sixth or more—the filing party must pay the costs of, and incidental to, the taxation (including any taxing fee).
58.02.2  An amount paid into the High Court of Australia Suitors' Fund as security for the costs of the taxation shall be paid out, after the hearing and determination of any application for reconsideration of a taxation and any review of the taxation, or where no reconsideration or review is sought, after the expiration of the