Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p55
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 129708–132336

or delay, or puts any other party to any unnecessary or improper expense, the Taxing Officer may exercise the powers set out in rule 53.04.2.
53.04.4  A Taxing Officer may limit or extend any time for taking any step in a taxation whether or not the time for taking that step has expired.

53.05  Attendance of parties
  On any taxation of costs the Taxing Officer may:
 (a) direct which parties are to attend the taxation;
 (b) direct which parties are to be served with the bill of costs; and
 (c) disallow the costs of any party whose attendance at the taxation the Taxing Officer considers to have been unnecessary.

Part 54—Commencing taxation of costs and content of bill

54.01  Commencing taxation
  Taxation of costs is commenced by the party whose costs are to be taxed:
 (a) filing the bill of costs to be taxed; and
 (b) within 7 days after filing the bill, serving the bill on the party liable to pay the costs.

54.02  Content of bill
54.02.1  A bill of costs shall be prepared in Form 28 showing:
 (a) each item consecutively numbered;
 (b) the date on which each item was incurred;
 (c) particulars of the service charged for and of the item or items in the Schedule used to fix the charge;
 (d) disbursements; and
 (e) professional charges.
54.02.2  Professional charges shall be entered in a separate column from the disbursements.
54.02.3  At the end of the bill, a bill of costs shall state the total of the costs claimed and the total of the column of professional charges and the total of the column of disbursements.
54.02.4  Every bill of costs shall contain or be accompanied by proof of payment of all disbursements claimed.
54.02.5  Every bill of costs shall be endorsed with the name and address of:
 (a) the solicitor by whom it is filed;
 (b) in agency matters, the principal solicitor; and
 (c) any solicitor who is entitled or intended to participate in the costs to be taxed.

Part 55—Taxation of costs—General

55.01  General principle
  On every taxation, the Taxing Officer shall allow all such costs, charges and expenses as appear to the Taxing Officer to have been necessary or proper for the attainment of justice or for maintaining or defending the rights of a party, but, except as against the party who incurred them, costs shall not be allowed which appear to the Taxing Officer to have been incurred or increased:
 (a) through overcaution, negligence or mistake;
 (b) by payment of special fees to counsel or special charges or expenses whether to witnesses or others; or
 (c) by other unusual expenses.

55.02  Special allowances
  In the case of:
 (a) special cases;
 (b) cases