Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p19
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 19/53)
Character Range: 403528–406216

paid.

12.36  Disputing itemised costs account
  A person served with an itemised costs account may dispute it by serving on the person entitled to the costs a Notice Disputing Itemised Costs Account within 28 days after the account was served.
Note 1: If no Notice Disputing Itemised Costs Account is received and the costs are not paid, the person entitled to the costs may seek a costs assessment order (see rule 12.50).
Note 2: If the parties agree on the amount to be paid for costs, they may lodge a draft consent order (see Part 10.2 for consent orders).

12.37  Assessment of disputed costs
 (1) This rule applies if a Notice Disputing Itemised Costs Account has been served under rule 12.36.
 (2) The parties to a dispute in relation to the costs must make a reasonable and genuine attempt to resolve the dispute.
 (3) If the parties are unable to resolve the dispute, either party may ask the court to determine the dispute by filing in the filing registry of the court where the proceeding was conducted the itemised costs account and the Notice Disputing Itemised Costs Account no later than 42 days after the Notice Disputing Itemised Costs Account was served.
 (4) The court may take into account any failure to comply with subrule (2) when considering any order for costs.

12.38  Amendment of itemised costs account or Notice Disputing Itemised Costs Account
  A party may amend an itemised costs account or a Notice Disputing Itemised Costs Account by filing the amended document with the amendments clearly marked:
 (a) at least 14 days before the date fixed for the assessment hearing; or
 (b) after that time with the consent of the other party; or
 (c) as ordered by the court.
Note: The only items that may be raised at an assessment hearing are those items included in the Notice Disputing Itemised Costs Account (see subrule 12.45(2)).

Division 12.8.2—Assessment process

12.39  Fixing first court date
 (1) If an itemised costs account and a Notice Disputing Itemised Costs Account is filed under subrule 12.37(3), a Judicial Registrar must fix a date for:
 (a) a settlement conference (see rule 12.41); or
 (b) a preliminary assessment (see rule 12.42); or
 (c) an assessment hearing (see rule 12.45).
 (2) The date fixed must be at least 21 days after the Notice Disputing Itemised Costs Account is filed.

12.40  Notification of hearing
  A party filing a Notice Disputing Itemised Costs Account must give the party who served the itemised costs account at least 14 days notice of the court event and the date fixed for the event under rule 12.39.

12.41  Settlement conference
  At a settlement conference for an itemised costs account, a Judicial Registrar: