Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p54
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 127359–129927

Court or a Justice orders that costs fixed in an amount specified in the order or in these Rules are to be paid:
 (a) those costs shall not be taxed; and
 (b) the solicitor for the party in whose favour the order is made is entitled to charge and be allowed an amount not exceeding that sum in respect of the matter or part of a matter dealt with by that order.

52.02  Costs other than fixed costs
  Subject to these Rules, where rule 52.01 does not apply, solicitors are entitled to charge and to be allowed the fees set out in Schedule 2 in respect of the matters referred to in that Schedule, and higher fees shall not be allowed in any case except as these Rules provide.

Part 53—Taxing Officers

53.01  Interpretation
  Each Registrar is a Taxing Officer.

53.02  Taxation by Taxing Officer
  Bills of costs which are to be taxed shall be taxed, allowed and certified by a Taxing Officer.

53.03  Taxing Officers to assist each other
  Taxing Officers shall assist each other and, in the discharge of their duties and for the proper dispatch of the business of their respective offices, a Taxing Officer may tax, or assist in the taxation, of a bill of costs which has been referred to another Taxing Officer for taxation, and may review or assist in the reconsideration of a taxation in accordance with rule 57.03.

53.04  Powers of a Taxing Officer
53.04.1  For the purpose of taxation of costs, a Taxing Officer may:
 (a) examine witnesses either orally or upon affidavit;
 (b) administer oaths;
 (c) direct or require the production of books, papers and documents;
 (d) require the attendance of witnesses;
 (e) make separate or interim certificates;
 (f) require any party to be represented by a separate solicitor; and
 (g) do such other acts and direct or take all such other steps as are directed by these Rules or by the Court or a Justice.
53.04.2  Where a party entitled to costs refuses or neglects to have those costs taxed, and thereby prejudices another party, the Taxing Officer may, so as to prevent another party being prejudiced by that refusal or neglect:
 (a) certify the costs of the other party and the refusal or neglect; or
 (b) allow a nominal or other sum to the party refusing or neglecting to have that party's costs taxed.
53.04.3  Where, in proceedings before the Taxing Officer, a party is guilty of neglect 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