Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p24
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 24/53)
Character Range: 415608–418215

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 reasons for objecting to the decision; and
 (c) the decision sought from the court for each objection.

12.53  Time for filing an application for review
  An application for review must be filed within 14 days after the applicant receives the Judicial Registrar's reasons for a decision about a disputed item requested under subrule 12.45(4).

12.54  Hearing of application
 (1) An application for review must be heard by a Judge.
 (2) At the hearing of the application:
 (a) the court must not receive any new evidence; and
 (b) the court may:
 (i) exercise all the powers of the Judicial Registrar; and
 (ii) set aside or vary the Judicial Registrar's decision; and
 (iii) return any item to the Judicial Registrar for reconsideration; and
 (c) a party may raise an issue only if:
 (i) it was identified as a disputed item in the Notice Disputing Itemised Costs Account; or
 (ii) it concerns the costs of assessing the itemised costs account; or
 (iii) it concerns an alleged error of calculation in, or omission from, the assessment of the itemised costs account; or
 (iv) it concerns an alleged error of law or fact by the Judicial Registrar, and the party has made a request under subrule 12.45(4).
 (3) A hearing of an application for review does not operate as a stay of the decision reviewed.

Chapter 13—Appeals

Part 13.1—Introduction

13.01  Application of Chapter 13
 (1) This Chapter applies to the following appeals:
 (a) an appeal to a Full Court of the Federal Circuit and Family Court (Division 1) from an order of a Judge or Judges of the Federal Circuit and Family Court (Division 1), a Family Court of a State or a Supreme Court of a State or Territory;
 (b) an appeal to the Federal Circuit and Family Court (Division 1) from an order of the Federal Circuit and Family Court (Division 2) (whether heard by a Full Court or a single Judge);
 (c) an appeal to the Federal Circuit and Family Court (Division 1) from an order of a Family Law Magistrate of Western Australia (whether heard by a Full Court or a single Judge);
 (d) an appeal to a single Judge of the Federal Circuit and Family Court (Division 1) from an order of a court of summary jurisdiction.
 (2) This Chapter does not apply to:
 (a) an appeal to the Federal Circuit and Family Court (Division 2):
 (i) under the Assessment Act or Registration Act; or
 (ii) under section 44AAA of