Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p21
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 21/53)
Character Range: 408490–411106

determine the amount (if any) to be deducted from each item included in the Notice Disputing Itemised Costs Account; and
 (b) determine the total amount (if any) payable for the costs of the assessment; and
 (c) calculate the total amount payable for the costs allowed; and
 (d) deduct the total amount (if any) of costs paid or credited; and
 (e) calculate the total amount payable for costs.
 (2) At the assessment hearing, a party may only raise as an issue a disputed item included in the Notice Disputing Itemised Costs Account.
 (3) At the end of the assessment hearing, the Judicial Registrar must:
 (a) make a costs assessment order; and
 (b) give a copy of the order to each party.
Note 1: At an assessment hearing, the onus of proof is on the person entitled to costs. That person should bring to the hearing all documents supporting the items claimed.
Note 2: If it is not practicable to make the costs assessment order at the assessment hearing, the Judicial Registrar may reserve the Registrar's decision before making the order.
 (4) Within 14 days after the costs assessment order is made, a party may request the Judicial Registrar to give reasons for the Registrar's decision about a disputed item.
 (5) A costs assessment order under this rule has the force and effect of an order of the court.

12.46  Powers of Judicial Registrars
 (1) A Judicial Registrar may do any of the following at an assessment hearing:
 (a) summon a witness to attend;
 (b) examine a witness;
 (c) require a person to file an affidavit;
 (d) administer an oath;
 (e) order that a document be produced;
 (f) make an interim or final costs assessment order;
 (g) adjourn the assessment hearing;
 (h) if satisfied that there has been a gross or consistent breach of a lawyer's obligations under this Chapter—refer an issue to the appropriate professional regulatory body;
 (i) refer to the court any question arising from the assessment;
 (j) determine whether costs were fairly and reasonably incurred, were of a fair and reasonable amount and were proportionate to the matters in issue;
 (k) make a consent order fixing the amount of costs to be paid;
 (l) dismiss an account if:
 (i) it does not comply with these Rules or an order; or
 (ii) the person entitled to costs does not attend the assessment hearing;
 (m) order costs;
 (n) do, or order another person to do, any other act that is required to be done under these Rules or an order.
Example:  For the purposes of paragraph (h), an issue that may be referred to a professional regulatory body is if the lawyer grossly overcharged a client or failed to disclose an