Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p141
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 141/154)
Character Range: 552198–554745

a lesser amount is claimed in the bill, that amount; and
 (b) any disbursements properly incurred.
 (3) If the liquidator, or the defendant, objects to the claim being made under rule 40.41, the liquidator, or the defendant, must, within 14 days after being served with the bill, give the plaintiff written notice of the objection.
 (4) If the plaintiff receives a notice of objection, the plaintiff must, within 14 days after receiving the notice, file a copy of the following documents:
 (a) the notice;
 (b) the bill;
 (c) the affidavit of service of the bill on the liquidator and the defendant;
 (d) either:
 (i) an itemised account;
 (ii) or evidence that the costs incurred by the plaintiff were equal to, or more than, the amount of the bill.
Note: For the taxation of a bill, see rule 40.27.
 (5) The parties, and the liquidator, must not attend on taxation of the bill unless directed to do so by the taxing officer.
 (6) This rule does not limit a plaintiff's right to claim taxed costs of the proceeding, under Division 40.2.
 (7) However, a plaintiff who claims costs:
 (a) under this rule—has no further claim to recover any of the taxed costs of the proceeding under Division 40.2; and
 (b) under Division 40.2—has no further right to recover any of the taxed costs of the proceeding under this rule.

40.43  Short form bills for migration appeals
 (1) This rule applies in relation to:
 (a) an appeal from an order made by the Federal Circuit and Family Court of Australia (Division 2) in respect of a migration decision (within the meaning of the Migration Act 1958); and
 (b) an application for leave to appeal from an order mentioned in paragraph (a); and
 (c) an application for an extension of time to start an appeal mentioned in paragraph (a) or to make an application mentioned in paragraph (b).
 (2) If:
 (a) an appeal or application is discontinued or dismissed before hearing; and
 (b) a party is entitled to costs or obtains an order for costs;
the party is entitled, subject to subrule (4), to the costs mentioned in item 15.1 of Schedule 3.
 (3) If:
 (a) an appeal or application is discontinued or dismissed after hearing; and
 (b) a party is entitled to costs or obtains an order for costs;
the party is entitled, subject to subrule (4), to the costs mentioned in item 15.2 of Schedule 3.
 (4) If:
 (a) a party is entitled to an amount under subrule (2) or (3) in relation to an appeal; and
 (b) the court had, at a separate hearing, granted leave to appeal or an extension of time to start the appeal;
the party is