Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p18
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 18/53)
Character Range: 401192–403772

by the court.

Part 12.8—Claiming and disputing costs

Division 12.8.1—Itemised costs account
Note: This Division provides that, if an account payable by a person is not in an itemised form, the person has the right to request an itemised costs account. The person may then dispute the itemised costs account by following the procedures set out in this Division. A person may apply to extend the time for taking any action required under these Rules (see rule 15.06).

12.33  Request for itemised costs account
  A person who has received an account (other than an itemised costs account) and wants to dispute the account, or any part of it, must, within 28 days after receiving the account, request the lawyer who sent it to serve an itemised costs account for the whole or part of the account disputed.

12.34  Service of lawyer's itemised costs account
 (1) A person entitled to party and party costs must serve an itemised costs account on the person liable to pay the costs within 4 months after the end of the proceeding.
Note: A person entitled to costs may serve an itemised costs account even if the person liable to pay the costs has not requested it.
 (2) For party and party costs, the person entitled to costs must serve a costs brochure at the same time as the itemised costs account is served under subrule (1).
Note: A costs brochure is a brochure about costs approved by the Chief Executive Officer.

12.35  Lawyer's itemised costs account
 (1) An itemised costs account (the account) must specify each item of costs and expense claimed.
 (2) Each item specified in the account must be numbered and described in sufficient detail to enable the account to be assessed.
 (3) The account must set out, in columns across the page:
 (a) in relation to each item for which costs are payable:
 (i) the date when the item occurred; and
 (ii) a description of the item, including whether the work was done by a lawyer or an employee or agent of a lawyer; and
 (iii) the amount payable for the item; and
 (b) at the end of the column setting out the amounts payable—the total amount payable for the items.
 (4) For each expense claimed, the account must include:
 (a) the date when the expense was incurred; and
 (b) the name of the person to whom the expense was paid; and
 (c) the nature of the expense; and
 (d) the amount paid.

12.36  Disputing itemised costs account
  A person served with an itemised costs account may dispute it by serving on the person entitled to the costs a Notice Disputing Itemised Costs Account within 28 days after the account was served.