Document ID: chunk:federal_register_of_legislation:F2024C00483:front:0:p26
Version: federal_register_of_legislation:F2024C00483
Segment Type: other
Provision Reference: 
Character Range: 60886–63537

of costs submitted for the costs, except for the issue of a certificate of taxation.

13.04  Claim for costs
 (1) A lawyer 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 lawyer 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 taxation hearing
  A creditor, the trustee, or a lawyer representing the creditor or the trustee, may attend a taxation of the bill of costs and disbursements only if a taxing officer directs the creditor, trustee or lawyer to attend.

Part 14—Proceedings under Cross‑Border Insolvency Act
Note: This Part contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices' Rules Harmonisation Committee.

14.01  Application of this Part and other rules of the Court
  Unless the Court otherwise orders:
 (a) this Part applies to a proceeding in the Court, under the Cross‑Border Insolvency Act, involving a debtor who is an individual; and
 (b) the rules in the other Parts of these Rules, and the other rules of the Court, apply to a proceeding in the Court under the Cross‑Border Insolvency Act if they are relevant and not inconsistent with this Part.
Note: See rule 1.05 for definitions of Cross‑Border Insolvency Act and Model Law.

14.02  Expressions used in the Cross‑Border Insolvency Act
 (1) Unless the contrary intention appears, an expression used in this Part and in the Cross‑Border Insolvency Act, whether or not a particular meaning is given to the expression by the Cross‑Border Insolvency Act, has the same meaning in this Part as it has in the Cross‑Border Insolvency Act.
Note: The following expressions used in this Part (including in the notes to this Part) are defined in the Model Law as having the following