Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p137
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 137/154)
Character Range: 542842–545306

if:
 (a) a Registrar has directed, under paragraph 40.21(2)(c), that the taxation of the bill proceed; or
 (b) a resolution is not achieved at a confidential conference; or
 (c) a party has given notice requesting a full taxation under rule 40.23(4).

40.25  Notice of objection
 (1) If a Registrar has notified the parties interested in a bill that a taxing officer is to tax the bill, a party on whom the bill has been served and who wants to object to any item of the bill must file and serve on the parties interested in the bill a notice of objection, in accordance with Form 130, that:
 (a) identifies each item or part of an item to which objection is taken; and
 (b) states, briefly but specifically:
 (i) why the item or part of the item should be disallowed; and
 (ii) the amount by which it is contended the item should be reduced; and
 (iii) any authority on which the party relies.
 (2) The notice of objection must be filed and served on the parties interested in the bill not later than 14 days before the date appointed for taxing the bill.
Note: Party interested in the bill is defined in the Dictionary.

40.26  Response to notice of objection
 (1) A party who files a bill, and any party who might be affected by any objection to the bill, must file and serve a notice of response, in accordance with Form 131, stating:
 (a) whether each objection to an item or part of an item is admitted or opposed;
 (b) for each objection that is opposed—briefly but specifically:
 (i) why the item or part of the item should be allowed; and
 (ii) why the objection should be dismissed; and
 (iii) any authority on which the party relies.
 (2) The notice of response must be filed and served on any party who has given a notice of objection or notice of response within 5 days before the date appointed for taxing the bill.
Note: Party interested in the bill is defined in the Dictionary.

40.27  Taxation
 (1) If a notice of objection under rule 40.25(1) has not been filed, only the party who has filed the bill may attend the taxation.
 (2) If a notice of objection has been filed, only the party who has filed the notice of objection and a party who has filed a notice of response under this Division may attend the taxation.
 (3) A party is 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