Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p148
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 148/154)
Character Range: 568329–570738

undertaking to pay the fees or is otherwise liable to pay the fees; or
 (c) for fees that, under a writ of execution, the Sheriff is authorised to levy on property—the owner of the property.

41.52  Security
 (1) If a party lodges a process with the Sheriff for service or execution, the Sheriff may on lodgment, and from time to time:
 (a) require the party who lodged the process to deposit with the Sheriff an amount of money fixed by the Sheriff as security for the whole, or part, of the fees for the service or execution of the process; or
 (b) accept an undertaking by the lawyer for the party who lodged the process, to pay the whole, or a part, of the fees.
 (2) If a party is required to pay a deposit under paragraph (1)(a), but objects to the amount required to be paid, the party may apply to the Court for an order fixing the amount to be paid.
 (3) The Sheriff may suspend the service or execution of the process until:
 (a) the party who lodged the process pays the required deposit; or
 (b) the lawyer for the party who lodged the process gives an undertaking for the payment of the fees.
 (4) If a deposit is paid under this rule that is more than the amount of the fees, the Sheriff must refund to the party who lodged the process, or the party's lawyer, the amount of the difference.

41.53  Liability of lawyer
  If a party's lawyer lodges a process for service or execution with the Sheriff, the lawyer is liable to pay the Sheriff's fees, whether or not the lawyer has given an undertaking under rule 41.52(1)(b).

41.54  Bill of fees
 (1) An interested person may ask the Sheriff to be served with the bill of fees.
 (2) If a bill of fees is served on an interested person, the amount of the fees is binding as between the Sheriff and the person unless the person obtains an order for taxation.

41.55  Taxation
 (1) An interested person who has been served with a bill of fees may apply to the Court for an order that the fees be taxed.
 (2) If the Court makes an order under subrule (1), the Sheriff is to submit the bill of fees to a taxing officer to carry out the taxation.
 (3) The amount of the fees fixed by the taxing officer is, subject to alteration or review under rule 40.34, binding as between the Sheriff and the interested person.

41.56  Failure by lawyer to pay Sheriff's fees
  If a party's lawyer is liable to pay an amount of the Sheriff's fees, but fails to do so