Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p139
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 139/154)
Character Range: 547487–550048

fee, allowance or disbursement that may be allowed in the taxing officer's discretion, the taxing officer may have regard to the following:
 (a) the nature and importance of the proceeding;
 (b) the amount of the claim;
 (c) the damages, if any, awarded;
 (d) the principle involved;
 (e) the conduct and cost of the proceeding;
 (f) other fees and allowances claimed by the party's lawyers;
 (g) any other relevant circumstance.

40.32  Certificate of taxation
 (1) A taxing officer is to issue a sealed certificate of taxation, in accordance with Form 132, that must be served, within 14 days after the date it is issued, by the party who filed the bill, on the party responsible for payment of the costs.
 (2) A certificate of taxation has the force and effect of an order of the Court.
 (3) The costs certified in the certificate of taxation accrue interest, calculated in accordance with rule 39.06 from the date the certificate of taxation is served.
Note 1: Section 52 of the Act empowers the Court to award interest.
Note 2: For the rate of interest, see rule 39.06.

40.33  Costs of taxation
 (1) A party who files an objection under rule 40.21 must pay the costs of taxation of all parties from the date on which the taxing officer notified the parties of the estimate unless:
 (a) if the party is the party who filed the bill—the costs are taxed at more than 115% of the taxing officer's estimate; or
 (b) in any other case—the costs are taxed at less than 85% of the taxing officer's estimate.
 (2) A party may apply to the taxing officer to be relieved of the consequences of subrule (1) if:
 (a) the party had offered to compromise the costs on terms more favourable than the costs were taxed; or
 (b) the conduct of any other party at the taxation added significantly to the duration or cost of the taxation.

40.34  Review by Court
 (1) A party who attended a taxation may apply to the Court for a review of the taxation and any consequential orders.
 (2) The application must be in accordance with Form 133 and state, briefly but specifically:
 (a) the items in the bill that are subject to challenge; and
 (b) whether the party wants the item included, deleted or varied and, if varied, the amount of the variation.
 (3) A party must not, on an application for review, raise any ground of objection, or response 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