Document ID: chunk:federal_register_of_legislation:F2021L01200:front:0:p25
Version: federal_register_of_legislation:F2021L01200
Segment Type: other
Provision Reference: 
Character Range: 58250–60806

debtor does not:
(a) comply with a bankruptcy notice issued on the application of a creditor who has obtained a final judgment or final order against the debtor; or
(b) satisfy the Court that the debtor has a counter‑claim, set‑off or cross demand equal to or more than the amount of the judgment debt that the debtor could not have set up in the action or proceeding in which the judgment or order was obtained.

13.03  Short form bill of costs
 (1) If the Court makes a sequestration order against the debtor's estate, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.1 of Schedule 3 to the Federal Court Rules 2011.
 (2) If the petition is dismissed, and the creditor obtains an order for costs, the legal practitioner may charge for costs the amount, applying on the date when the petition was presented, stated in item 14.2 of Schedule 3 to the Federal Court Rules 2011.
 (3) The legal practitioner may also charge:
 (a) if adjournment costs were reserved or awarded on a day—the appropriate amount stated in item 1 of Schedule 3 to the Federal Court Rules 2011; and
 (b) proper disbursements incurred for the petition.
 (4) If the legal practitioner charges an amount for costs under subrule (1) or (2), Part 40 of the Federal Court Rules 2011 does not apply to a bill of costs submitted for the costs, except for the issue of a certificate of taxation.

13.04  Claim for costs
 (1) A legal practitioner who wishes to claim costs must serve the documents referred to in subrule (2) on:
 (a) if the Court makes a sequestration order—the trustee; or
 (b) if the petition is dismissed—the debtor.
 (2) For subrule (1), the documents are:
 (a) a bill of costs and disbursements; and
 (b) a copy of any receipts, vouchers or journals in support of the disbursements claimed.
 (3) The bill need not include an itemised account of the work or services performed.
 (4) If the trustee or debtor disputes any of the costs or disbursements, the trustee or debtor must give the creditor a written notice stating the costs or disbursements disputed.
 (5) The notice must be given within 14 days after the bill is served.
 (6) At least 14 days after the legal practitioner serves the documents on the trustee or debtor, the creditor may file in the Court:
 (a) a copy of each document; and
 (b) an affidavit of service of the bill of costs and disbursements on the trustee or debtor; and
 (c) a copy of any notice given by the trustee or debtor under subrule (4).

13.05  Attendance at