Commonwealth Consolidated Regulations

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BANKRUPTCY REGULATIONS 1996 - REG 8.11

Taxation -- hearing

         (1)   The trustee and the person requesting a taxation may attend, or be represented at, the hearing of the taxation.

         (2)   At the hearing of the taxation the person requesting the taxation may object to an item in the bill of costs:

                (a)    if the person has given notice in writing, at least 2 clear days before the hearing, of the nature and grounds of the objection; or

               (b)    with the leave of the taxing officer -- without having given such notice.

         (3)   The taxing officer may disallow an item or part of an item, or reduce the amount of an item or part of an item, if:

                (a)    he or she considers that:

                          (i)    the amount of the costs or disbursements in the item is unreasonably high; or

                         (ii)    any of the costs or disbursements in the item were incurred or made improperly, unreasonably, negligently or unnecessarily; or

               (b)    in the case of any disbursements in the item -- they are not proved, to the taxing officer's satisfaction, by production of a receipt, voucher or similar document.

         (4)   The taxing officer must, within 7 days of concluding the taxation, sign a certificate of taxation and send it to the trustee and the person requesting the taxation.

         (5)   An account in respect of the fee for taxation must be sent to the person requesting the taxation, and the fee is payable by that person within 7 days of receipt.

         (6)   In this regulation:

"taxation" means a taxation of costs for the purposes of subsection 167 (1) of the Act or regulation 8.09.



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