Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p136
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 136/154)
Character Range: 540450–543082

of taxation is defined in the Dictionary. See also rule 40.32.

40.21  Objection to estimate
 (1) A party interested in the bill who wants to object to the estimate must, within 21 days after the issue of the notice of estimate:
 (a) file a notice of objection, in accordance with Form 128; and
 (b) pay into the Litigants' Fund an amount of $2 000 as security for the costs of any taxation of the bill.
 (2) On receipt of the notice of objection and the payment in paragraph (1)(b), a Registrar may direct:
 (a) the parties to attend before a designated Registrar for a confidential conference to:
 (i) identify the real issues in dispute; and
 (ii) reach a resolution of the dispute; or
 (b) a provisional taxation; or
 (c) that the taxation of the bill proceed.

40.22  Resolution at confidential conference
  If the parties achieve a resolution of the dispute at a confidential conference, a Registrar will:
 (a) issue a sealed certificate of taxation for the amount agreed by the parties; and
 (b) pay the monies paid into the Litigants' Fund in accordance with paragraph 40.21(1)(b) to:
 (i) a party, in accordance with any agreement between the parties; or
 (ii) if there is no agreement between the parties—to the party who objected to the estimate.
Note: For payment out of the Litigants' Fund, see rule 2.43.

40.23  Provisional taxation
 (1) A taxing officer may, in the absence of the parties, provisionally tax a bill.
 (2) However, the taxing officer may, before completing the provisional taxation, require the parties to file submissions identifying the issues in dispute in relation to the bill.
 (3) The taxing officer will give a written notice to the parties stating the amount for which the bill is provisionally taxed and identifying the amounts provisionally taxed off the bill.
 (4) A party interested in the bill may, within 21 days after the date of the written notice given by the taxing officer in accordance with subrule (3), file a notice requesting a full taxation, in accordance with Form 129.
 (5) In the absence of a party filing a notice in accordance with subrule (4), the amount to which a bill was provisionally taxed will be the amount for which the certificate of taxation will be issued.
Note: Party interested in the bill is defined in the Dictionary.

40.24  Notice that bill is to be taxed
  A Registrar will give notice that a bill is to be taxed if:
 (a) a Registrar has directed, under paragraph 40.21(2)(c), that the taxation of the bill proceed; or
 (b) a resolution is not achieved at a confidential conference; or
 (c) a party has given notice requesting a full taxation under rule