Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p61
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 61/154)
Character Range: 361470–364046

damages be calculated by a Registrar if:
 (a) a respondent admits liability on an applicant's claim, but denies liability to the extent of the damages claimed; or
 (b) the Court finds that a party is liable to pay damages.
 (2) A party may apply to a Registrar who is calculating damages under subrule (1) for an order to compel the attendance of witnesses and the production of documents by subpoena.
 (3) The Registrar will calculate the amount of damages and give a certificate of the amount of damages to each party.
Note: The Court may make an order under this rule if the Court is satisfied that the amount of damages is substantially a matter of calculation.

30.42  Notice of objection to calculation
  A party who wants to object to a Registrar's certificate must, within 7 days after receiving the Registrar's certificate:
 (a) give the Registrar a notice objecting to the certificate; and
 (b) serve a copy of the notice on each other party.
Note: If the Registrar receives a notice the Registrar will provide a copy of the notice together with the Registrar's certificate to the Court and notify the parties.

30.43  Procedure if notice given
  The party who has given notice under rule 30.42 must, within 21 days after giving notice, apply to the Court for an order that the Court assess the amount of damages payable.

30.44  Procedure if notice not given
  If no notice has been given under rule 30.42, the party who is entitled to a judgment for the damages calculated by a Registrar may apply to the Court:
 (a) for a judgment on the Registrar's certificate; and
 (b) any other consequential orders.
Note 1: If no notice is received, the Registrar will give the Registrar's certificate to the Court and notify the parties that the certificate has been given to the Court.
Note 2: The party may seek to have prejudgment interest included in the award—see section 51A of the Act. The party may also apply for costs.
Rules 30.45–30.50 left blank

Division 30.5—Accounts

30.51  Order for account to be taken
  A party who has claimed an account or makes a claim that involves taking an account may apply to the Court for an order:
 (a) that an account be taken; and
 (b) for the manner of taking or vouching the account; and
 (c) that the relevant books of account be evidence of the matters contained in them; and
 (d) that any amount certified on taking the account to be due to any party be paid to the party.

30.52  Form and filing of account
  An accounting party must:
 (a) number each side of an account consecutively; and
 (b) file an affidavit to which