Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p142
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 142/154)
Character Range: 554541–557038

is entitled to an amount under subrule (2) or (3) in relation to an appeal; and
 (b) the court had, at a separate hearing, granted leave to appeal or an extension of time to start the appeal;
the party is entitled, in addition to the costs to which the party is entitled under subrule (2) or (3) (as the case may be), to the costs mentioned in item 15.3 of Schedule 3.

40.44  Procedure—short form bills for migration appeals
 (1) A party (the claimant) who claims costs to which the claimant is entitled under rule 40.43 must file a bill for an amount not exceeding the amount to which the claimant is entitled under that rule. The bill need not include an itemised account of:
 (a) the work or services performed; or
 (b) the disbursements incurred.
 (2) A certificate of taxation will be issued for the amount claimed in the bill unless a party interested in the bill files a notice of objection in accordance with subrule 40.25(1) within 14 days after being served with the bill.
 (3) If the claimant receives a notice of objection, the claimant must, within 14 days after receiving the notice, file a copy of the following documents:
 (a) the notice;
 (b) the affidavit of service of the bill on the other party;
 (c) an itemised account or evidence that the costs incurred by the claimant were equal to, or more than, the amount of the bill.
Note: For the taxation of the bill, see rule 40.27.
 (5) The claimant and the other party must not attend on the taxation of the bill, unless directed to do so by the taxing officer.
 (6) This rule does not limit a party's right to claim taxed costs of the appeal under Division 40.2.
 (7) However, a party who claims costs:
 (a) under this rule—has no further claim to recover any of the taxed costs of the appeal under Division 40.2; and
 (b) under Division 40.2—has no further right to recover any of the taxed costs of the appeal under this rule.
Note: File is defined in the Dictionary as meaning file and serve.
Rules 40.45–40.50 left blank

Division 40.4—Determination of maximum costs

40.51  Maximum costs in a proceeding
 (1) A party may apply to the Court for an order specifying the maximum costs as between party and party that may be recovered for the proceeding.
Note: Costs as between party and party is defined in the Dictionary.
 (2) An order made under subrule (1) will not include an amount that a party is ordered to pay because the party:
 (a) has failed to comply with an order or with these Rules; or
 (b) has sought leave to