Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p140
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 140/154)
Character Range: 549817–552438

to an objection, not taken in the party's notice under rules 40.25(1) or 40.26(1).
Note: For the parties who may attend the taxation, see rule 40.27.
 (4) The application must be filed and served on all interested parties within 28 days after the issue of the certificate of taxation.
 (5) The Court may call for a written report from the taxing officer.
 (6) No further evidence will be received on the review.
Note: The Court may exercise all of the powers of the taxing officer in relation to the items under review and may make any other orders, including altering the certificate of taxation or remitting an item to the same or any other taxing officer for taxation.

40.35  Stay of costs
 (1) An application for a review of a taxation, does not operate to stay execution for costs that are the subject of a certificate of taxation.
 (2) However, a party making an application under rule 40.34, may apply to the Court to stay execution on any costs included in a certificate of taxation until the application is heard and determined.
Rules 40.36 – 40.40 left blank

Division 40.3—Short form bills

40.41  Short form bill on application for winding up under Corporations Act 2001
 (1) A plaintiff who has obtained an order for the costs of the winding up of a corporation under the Corporations Act 2001 is entitled to:
 (a) the costs mentioned in item 13 of Schedule 3 that applied on the date that the winding up application was filed; and
 (b) any disbursements properly incurred.
 (2) If the application for winding up is dismissed and the plaintiff obtains an order for costs against the defendant, the plaintiff is entitled to:
 (a) the costs mentioned in item 13 of Schedule 3 that applied on the date that the winding up application was filed; and
 (b) any disbursements properly incurred.

40.42  Procedure—short form bills under Corporations Act 2001
 (1) A plaintiff who claims costs under rule 40.41 must serve on the liquidator of the corporation, and the defendant, a bill that includes disbursements (the bill), which need not include an itemised account of:
 (a) the work or services performed; or
 (b) the disbursements incurred.
 (2) Unless a party interested in a bill objects to the amount claimed in the bill, in accordance with rule 40.25, a certificate of taxation will be issued for the sum of:
 (a) the amount mentioned in item 13 of Schedule 3 or, if 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