Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p138
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 138/154)
Character Range: 545094–547727

bound by the party's notice of objection or notice of response, with the effect that:
 (a) no amount will be taxed off any item to which objection has not been taken in the notice of objection; and
 (b) no amount will be allowed for any item to which objection has been taken in the notice of objection but not responded to in the notice of response.
 (4) Despite subrule (3) the taxing officer will only allow costs to which a party is entitled.
Note: Costs as between party and party and costs on an indemnity basis are defined in the Dictionary.
 (5) At the taxation, a party may apply to the taxing officer for leave to make oral submissions for the purpose of explaining or clarifying an objection in the notice of objection or a response in the notice of response.
 (6) The taxing officer is to tax the bill in accordance with this Part and on completion is to issue a certificate of taxation.

40.28  Powers of taxing officer
  A taxing officer may, for the purpose of the taxation of costs under this Division, do any of the following:
 (a) summon and examine witnesses either orally or on affidavit;
 (b) administer oaths;
 (c) direct or require the production of books, papers and documents;
 (d) issue subpoenas;
 (e) make separate or interim certificates of taxation.
Note: Taxing officer is defined in the Dictionary.

40.29  Costs to be allowed on taxation
  A taxing officer is to allow costs for the work done:
 (a) before 1 August 2011—in accordance with Schedule 2 to the Federal Court Rules, for the relevant period mentioned in that Schedule; and
 (b) on or after 1 August 2011—in accordance with Schedule 3, for the relevant period, if any, mentioned in that Schedule.

40.30  Costs not to be allowed on taxation
  A taxing officer is not to allow:
 (a) barrister's fees on a hearing if the barrister:
 (i) was not present at the hearing for a substantial amount of the relevant period; or
 (ii) did not give substantial assistance in the conduct of the proceeding; and
 (b) costs that in the opinion of the taxing officer have been incurred or increased:
 (i) through impropriety, unreasonableness or negligence; or
 (ii) through overcaution; or
 (iii) by agreeing:
 (A) special fees to counsel; or
 (B) special charges or expenses to witnesses or other persons; or
 (iv) by other unnecessary expense.

40.31  Exercise of taxing officer's discretion
  If a party wants a 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