FAMILY LAW RULES (AMENDMENT) 1987 NO. 15 FAMILY LAW RULES (AMENDMENT) 1987 NO. 15 - TABLE OF PROVISIONS 1. Personal service 2. 3. 4. 5. 6. 1987 No. 15 FAMILY LAW RULES (AMENDMENT) - RULE 1 Personal service 1. Rule 15 of Order 18 is amended by adding at the end the following sub-rule: "(3) Where - (a) a document has been served personally on a party to proceedings; and (b) that party files a notice of address for service in which the service of that document on that party is acknowledged, that document shall, subject to sub-rule (2) and rule 18, be deemed to have been served on that party on the day on which that notice of address for service is filed.". 1987 No. 15 FAMILY LAW RULES (AMENDMENT) - RULE 2 2. Rule 10 of Order 20 is repealed and the following rules are substituted: Inspection of documents produced by order "10. A document produced pursuant to an order under this Order may be inspected at the time and place specified in the order or, if it is to be produced to a Registrar, at such other time and place as a Registrar of the filing registry may later appoint in which case such inspection shall be in the presence of the Registrar or of another officer of the court appointed by the Registrar. Request for inspection "10A. (1) Without limiting the generality of rule 1, where a pleading or affidavit filed by a party to proceedings refers to a document, any other party to those proceedings may, by notice served on the first-mentioned party, request that party to produce the document for inspection. "(2) Where notice of a request under sub-rule (1) to produce a document is served on a party to proceedings, that party shall, not later than 4 days after the date of service of that notice, serve on the party making the request a notice - (a) specifying the time and place at which the document may be inspected; (b) claiming that the document is privileged from production and sufficiently stating the grounds of the privilege; or (c) stating that the document is not in the possession, custody or power of that first-mentioned party and stating to the best of that party's knowledge, information and belief where the document is and in whose possession, custody or power it is. "(3) The time specified for the purposes of paragraph (2)(a) in a notice under sub-rule (2) shall not be later than 7 days after the date of service of that notice. "(4) A party to proceedings who serves on another party to those proceedings a notice under sub-rule (2) specifying a time and place at which a document may be inspected, shall, unless the court otherwise orders, produce that document for inspection by that other party at the time and place so specified.". 1987 No. 15 FAMILY LAW RULES (AMENDMENT) - RULE 3 3. Order 38 of the Family Law Rules is repealed and the following Order substituted: "ORDER 38 COSTS Interpretation "1. (1) In this Order, unless the contrary intention appears - 'bill' means bill of costs; 'certificate' includes allocatur; 'folio' means 100 words; 'page' means a page typewritten or printed and complying with the provisions of rule 2 of Order 2 with a margin of not more than 30 millimetres, and which, in the opinion of the court or a Registrar, is a full page of a nature or kind usual for court documents; 'taxed costs' means costs taxed in accordance with this Order. "(2) In this Order, a reference to work done for proceedings includes a reference to work done in relation to proceedings. Application of Order "2. This Order applies to - (a) costs ordered to be paid or taxed; and (b) costs payable or to be taxed between solicitor and client. Proper costs "3. (1) Subject to sub-rule (2) and rules 7 and 8, unless otherwise ordered, a solicitor may charge for work done for proceedings costs being - (a) no more than the amount prescribed by these Rules for work done; and (b) the cost of disbursements properly incurred for the proceedings. "(2) Where the costs that may be charged for work done for proceedings are not prescribed by the provisions of Part V of the Regulations or by any other provision of these Rules, the amount charged for that work shall not exceed an amount calculated in accordance with the scale of costs in Schedule 2. "(3) Subject to sub-rule (4) a solicitor may not charge for work done for proceedings costs for - (a) a kind or quantum of work not reasonably required to be done for the proceedings; or (b) work done for the administration of the solicitor's office. "(4) As between solicitor and client, where a client instructs a solicitor to do work or incur a disbursement of a particular kind or quantum, notwithstanding that such work or such disbursement may not be reasonably required to be done for the proceedings, the solicitor may charge for such work or recoup such disbursement in accordance with the provisions of this Order. Basic composite amount - undefended dissolution proceedings "4. (1) Subject to rule 6, the basic composite amount that an applicant may be charged for costs for undefended proceedings for a decree of dissolution of marriage is - (a) where the solicitor employed another solicitor as agent to instruct counsel or to appear personally for the applicant - (i) if there is a child of the marriage who had not attained the age of 18 years - $347; or (ii) in any other case - $246; or (b) where the solicitor did not so employ another solicitor - (i) if there is a child of the marriage who had not attained the age of 18 years - $427; or (ii) in any other case - $327. "(2) In sub-rule (1), 'basic composite amount' means an amount in respect of - (a) time, not exceeding one hour, spent on taking instructions for, and preparing, an application in accordance with Form 4 or Form 5; (b) engrossing an application in accordance with Form 4 or Form 5, including copies; (c) attendances to have an affidavit sworn, to file an application in accordance with Form 4 or Form 5 and have the application set down for hearing by a court; (d) attendances and letters necessary to arrange for service of an application in accordance with Form 4 or Form 5, preparation of affidavits of service and of proof of signature, and attendances for the swearing and filing of the affidavits; (e) conferences with the applicant and any witnesses; (f) time, not exceeding one hour, spent on attendance by a solicitor at court on the hearing of the application; (g) perusing the decree of dissolution of marriage; and (h) all necessary correspondence with the applicant. Charges in addition to basic composite amount "5. (1) Subject to rules 7 and 8, where a solicitor charges the basic composite amount for work done for proceedings referred to in rule 4 and the work so done is not work in relation to which sub-rule (2) or (3) applies, the solicitor may not make another charge for doing that work. "(2) Where a solicitor - (a) charges the basic composite amount for work done for proceedings referred to in rule 4; and (b) does work for the proceedings that is not of a kind referred to in that rule, the solicitor may charge an amount calculated in accordance with the scale of costs in Schedule 2 for the work referred to in paragraph (b). "(3) Where a solicitor charges the basic composite amount for work done for proceedings referred to in rule 4 and does - (a) work of a kind referred to in that rule for a time in excess of the time referred to in that rule; or (b) a quantum of work of a kind referred to in that rule that is in excess of the quantum referred to in that rule, the solicitor may charge an amount calculated in accordance with the scale of costs in Schedule 2 for the work referred to in paragraph (a) or (b), as the case may be. Settlement or discontinuation "6. Where proceedings of a kind referred to in rule 4 are settled or discontinued before hearing and the court has not made any order, a solicitor may not charge for work done for those proceedings costs that exceed an amount calculated in accordance with the scale of costs in Schedule 2. Additional costs "7. In addition to the amounts otherwise chargeable under these Rules, a solicitor may charge for work done for proceedings an amount justified by - (a) the complexity of proceedings; (b) the difficulty or novelty of the matters raised in the proceedings; or (c) the special skill, knowledge or responsibility required of, or the demands placed upon, the solicitor by the proceedings. Solicitor and client agreement as to costs "8. (1) Nothing in this Order shall prevent - (a) a solicitor acting for a party to proceedings from entering into an agreement in writing with that party in relation to costs of the proceedings and charging in accordance with that agreement; or (b) a solicitor or party from taking any proceedings available at law in relation to such agreement. "(2) Before entering into an agreement referred to in sub-rule (1) with a party to proceedings, a solicitor shall - (a) provide the party with a copy of a pamphlet, summarising the main effects of Order 38, prepared by the Principal Registrar; and (b) advise the party of the availability of independent legal advice. Costs for proceedings not instituted together "9. Where proceedings which have been instituted were, or could reasonably have been, instituted by a solicitor on behalf of an applicant at the same time as other proceedings between the same parties, that solicitor may not charge for all those proceedings an amount for costs which is greater than the amount which the solicitor could have charged had all the proceedings been instituted together. Work done by partners, employed solicitors and clerks "10. For the purpose of determining the amount that a solicitor may charge for work done for proceedings - (a) work done for those proceedings by a partner of that solicitor or by a solicitor employed by the first-mentioned solicitor shall be regarded as work done by the first-mentioned solicitor; and (b) work done for those proceedings by a clerk of that solicitor or of the partner of that solicitor shall be regarded as work done by the first-mentioned solicitor provided that such work shall be charged for at the rate specified in Item 8 in Schedule 2. Waiting and travelling time - solicitors and others "11. (1) Subject to sub-rules (2) and (3), time reasonably spent by a solicitor in relation to an attendance at court for the purpose of hearing of proceedings includes - (a) time reasonably spent at the court in waiting for the hearing to commence or resume after the due time for commencement or resumption; and (b) time reasonably spent in travelling to and from the court. "(2) Time taken by a solicitor travelling to and from a court for the purpose of proceedings shall not be regarded as time reasonably spent in relation to an attendance at the court for the purposes of hearing of those proceedings to the extent to which the time exceeds 2 hours per day unless circumstances justify it being so regarded. "(3) Where a solicitor undertakes an attendance at court in relation to 2 or more proceedings, the amount that the solicitor may charge for each of those proceedings by way of an additional amount for time reasonably spent in travelling to and from the court is an amount that bears the same proportion to the amount that the solicitor would, but for this sub-rule, have been entitled to charge under Item 7 or 8 of Schedule 2, as the case may be, in relation to that attendance by virtue of the operation of sub-rules (1) and (2) as the number 1 bears to the number of those proceedings. "(4) Where a solicitor undertakes an attendance at court in relation to 2 or more proceedings, the amount that the solicitor may charge for each of those proceedings by way of additional amount for time reasonably spent at the court in waiting for the hearings to commence or resume shall be apportioned in a proper manner. Agent's fees "12. Fees paid to a solicitor employed as the agent of a solicitor acting for a party to proceedings are not disbursements properly incurred for the proceedings to the extent to which the fees - (a) exceed an amount calculated in accordance with the scale of costs in Schedule 2; or (b) are fees for a matter that the second-mentioned solicitor could have attended to at less cost to the party. Party and party costs - counsel's fees "13. In relation to costs as between party and party, fees paid and to be paid to counsel briefed to appear for a party to proceedings are disbursements properly incurred for the proceedings if - (a) the briefing of counsel to appear in the proceedings - (i) was certified by the court as having been reasonably required; or (ii) is accepted, by or on behalf of the party liable to pay costs to the party on whose behalf counsel was so briefed, as having been reasonably required; and (b) the fees are fair and reasonable. Party and party costs - solicitor acting as counsel "14. In relation to costs as between party and party fees paid and to be paid to a solicitor acting as counsel for a party to proceedings, including a solicitor acting in the capacities of both counsel and solicitor or in the capacity of counsel fully instructed by a partner acting as solicitor, are disbursements properly incurred for the proceedings if - (a) the briefing of the solicitor to so act in the proceedings - (i) was certified by the court as having been reasonably required; or (ii) is accepted, by or on behalf of the party liable to pay costs to the party on whose behalf the solicitor was so briefed, as having been reasonably required; and (b) the fees are fair and reasonable. Solicitor and client costs - counsel's fees "15. In relation to costs as between solicitor and client, fees paid and to be paid to counsel briefed to appear for a party to proceedings are disbursements properly incurred for the proceedings if - (a) the briefing of counsel to appear in the proceedings - (i) was certified by the court as having been reasonably required; or (ii) had been requested in writing by that party; and (b) the fees are fair and reasonable. Solicitor and client costs - solicitor acting as counsel "16. In relation to costs as between solicitor and client, fees paid and to be paid to a solicitor acting as counsel for a party to proceedings, including a solicitor acting in the capacities of both counsel and solicitor or in the capacity of counsel fully instructed by a partner acting as solicitor, are disbursements properly incurred for the proceedings if - (a) the briefing of the solicitor to so act in the proceedings - (i) was certified by the court as having been reasonably required; or (ii) had been requested in writing by that party; and (b) the fees are fair and reasonable. Witnesses' expenses "17. An amount paid or to be paid by a solicitor for the attendance of a witness at a hearing of proceedings is a disbursement properly incurred for the proceedings if - (a) the attendance was reasonably required for the proceedings; and (b) the amount does not exceed the amount that would have been payable if the proceedings had been an action before the Supreme Court of the State or Territory in which the proceedings were heard. Application for order as to costs "18. An application for an order under sub-section 117(2) of the Act as to the costs of proceedings shall be filed or made - (a) not later than 28 days after the day on which the decree in those proceedings was pronounced; or (b) within such further time as a Judge of any court having jurisdiction under the Act directs. Order under sub-section 117(2) of the Act "19. (1) Where a court proposes to make an order under sub-section 117(2) of the Act as to costs, the court may - (a) obtain from the party to the proceedings in whose favour the order is to be made an estimate of the costs of that party in the proceedings; (b) make its own assessment of the costs that the party properly incurred or order that the costs be taxed; and (c) order that the costs as fixed by the court or as taxed be paid by a party. "(2) In ordering a taxation referred to in sub-rule (1)(b), a court may give to the taxing officer such directions as the court thinks fit. "(3) Where a court makes an order under sub-section 117(2) of the Act as to costs, it may specify in the order terms and conditions relating to the payment of those costs. Time for dealing with costs "20. (1) The court may in any proceedings exercise its powers and discretion as to costs at any stage of the proceedings or after the conclusion of the proceedings. "(2) Where the court makes an order in any proceedings for the payment of costs the court may require that the costs be paid forthwith notwithstanding that the proceedings are not concluded. Entitlement to taxed costs or sum in lieu "21. (1) Subject to this Order, where, by or under these Rules or any order of the court, unquantified costs are to be paid to any person, that person shall be entitled to his taxed costs. "(2) Where the court orders that costs be paid to any person, the court may further order that as to the whole or any part of the costs specified in the order, instead of taxed costs, that person shall be entitled to - (a) a proportion specified in the order of taxed costs; (b) the taxed costs from or up to a stage of the proceedings specified in the order; (c) a gross sum specified in the order instead of the taxed costs; or (d) a sum in respect of costs to be ascertained in such manner as the court may direct. Costs of proceedings in other courts "22. Where proceedings have been transferred to the court or in proceedings on an appeal to the court, the court makes an order as to the costs of proceedings before any other court, the court may - (a) specify the amount of the costs to be allowed; (b) order that the costs be taxed in accordance with this Order; or (c) make orders for the ascertainment of the costs by taxation or otherwise in that other court. Where order for taxation not required "23. Where - (a) an order of the court directs the payment of costs; (b) proceedings are dismissed with costs; (c) an application is refused with costs; or (d) a party is otherwise liable under these Rules to pay the costs of another party, the costs may be taxed without any other order directing taxation. Taxation hearing "24. (1) Where under these Rules costs or fees are payable or a court has ordered that such costs be paid by a party, the solicitor or party who is entitled to such costs may, subject to sub-rule 38(8), file a bill of costs. "(2) Where a bill of costs is filed the Registrar shall endorse an appointment for the taxation hearing not less than 14 days ahead and such appointment shall be endorsed on the bill prior to its being served on all persons affected by the taxation. "(3) Service of the bill shall be effected in accordance with paragraph 5(1)(a), (b), (c) or (d) of Order 18. "(4) On completion of taxation, the taxing officer shall assess what costs, if any, should be paid by either party to the taxation proceedings to the other party in relation to costs incurred in the taxation proceedings in such amount as the taxing officer thinks fit. "(5) At the conclusion of the taxation hearing the taxing officer shall issue to each party to the taxation proceedings an assessment in accordance with Form 56 specifying the proper amount to be paid and stating the amount allowed for the costs of the taxation. Taxation on party and party bases - counsel's fees "25. On a taxation on a party and party basis - (a) the costs of briefing more than one counsel may be allowed notwithstanding that no counsel is one of Her Majesty's Counsel; (b) a retaining fee to more than one counsel shall not be allowed; and (c) costs in respect of counsel attending before a taxing officer shall not be allowed unless the taxing officer certifies the attendance to be proper or the court otherwise orders. Refresher fees "26. (1) Where counsel is briefed to appear on a hearing and the hearing occupies more than one day and costs are to be taxed on a party and party basis, the taxing officer may allow refresher fees for each further day or part thereof as he thinks fit. "(2) The taxing officer may allow refreshers under sub-rule (1) whether or not witnesses are examined at the hearing. Absence of counsel "27. Where counsel is briefed to appear on a hearing and costs are taxed on a party and party basis, counsel's fee on the brief shall not be allowed unless - (a) he is present at the hearing for a substantial amount of the first day; (b) he gives substantial assistance during the first day in the conduct of the proceedings; or (c) the court otherwise directs. Taxing officer's discretion "28. (1) In the case of a fee or allowance which is discretionary it shall, unless otherwise provided, be allowed at the discretion of the taxing officer. "(2) The taxing officer in the exercise of his discretion shall take into consideration - (a) the other fees and allowances to the solicitor and counsel, if any, in respect of the work to which such a fee or allowances applies; (b) the complexity of the proceedings; (c) the amount involved; (d) the difficulty or novelty of the matters raised in the proceedings; (e) the special skill, knowledge or responsibility required of, or the demands placed upon, the solicitor by the proceedings; (f) the general conduct and cost of the proceedings; and (g) all other relevant circumstances. Disallowance of certain costs "29. (1) The court may, at a hearing or upon any application and whether or not objection is taken - (a) direct that any costs which have been improperly, unreasonably or negligently incurred be disallowed; (b) direct the taxing officer to examine the costs incurred, and to disallow such costs as he shall find to have been improperly, unreasonably or negligently incurred; or (c) direct that a party whose costs are so disallowed shall pay to the other parties the costs incurred by those parties in relation to the proceedings in respect of which his costs have been disallowed. "(2) Where the question of costs having been improperly, unreasonably or negligently incurred has not been raised before and dealt with by the court it is the duty of the taxing officer to look into that question, and thereupon the same consequences shall ensue as if he had been specially directed under paragraph (1)(b) to examine the costs incurred, and to disallow such costs as he finds to have been improperly, unreasonably or negligently incurred. Powers of taxing officer "30. The taxing officer may, for the purpose of taxation of costs - (a) subpoena and examine witnesses either orally or upon affidavit; (b) administer oaths; (c) direct or require the production of books, papers and documents; (d) issue separate or interim certificates; and (e) do such other acts and direct or take all such other steps as are provided by these Rules or directed by the court. Taxing officers "31. (1) The Registrars and Deputy Registrars are appointed taxing officers. "(2) The taxing officers shall be assistant to each other. "(3) A taxing officer may, of his own motion, refer any question arising in a taxation for the direction of the court. Contents of bill of costs "32. A bill shall contain particulars, being particulars sufficiently detailed for the purposes of its taxation, of- (a) work done by the solicitor, his servants and agents; (b) costs claimed for the work referred to in paragraph (a); (c) disbursements incurred; and (d) any money paid on account of those costs. Notice of adjournment of taxation "33. If the taxation of a bill is adjourned for any reason, notice of the adjournment shall be sent by post by the party with the carriage of the taxation to any solicitor or person not present at the time of the adjournment on whom the original bill of costs was served. Failure to procure taxation "34. Where a party entitled to costs unreasonably refuses or neglects to bring in a bill of costs for taxation or to procure them to be taxed, the taxing officer may, so as to prevent another party being prejudiced by the refusal or neglect - (a) certify the costs of the other party and the refusal or neglect; or (b) allow a nominal or other sum to the party refusing or neglecting to bring in his costs. Neglect or delay before taxing officer "35. Where in proceedings before the taxing officer a party is guilty of neglect or delay or puts another party to any unnecessary or improper expense, the taxing officer may exercise the powers vested in him by rule 34. Costs to be allowed on taxation "36. On every taxation the taxing officer shall allow all such costs, charges and expenses as appear to him to have been necessary or proper for the attainment of justice and equity, but, except as against the party who incurred them, costs shall not be allowed which appear to the taxing officer to have been incurred or increased - (a) through over-caution, negligence or misconduct; (b) by payment of special fees to counsel or special charges or expenses to witnesses or other persons; or (c) by other unusual expenses. Allowance for matters not specified in Schedule 2 "37. The taxing officer may in his discretion allow such sum as he thinks just and reasonable having regard to all the circumstances of the case for work properly performed and not specifically provided for in Schedule 2 in respect of which, in his opinion, an allowance should be made. Accounts and taxation "38. (1) Where a person to be charged with the costs of proceedings has been provided with assistance in relation to those proceedings by - (a) the Australian Legal Aid Office; or (b) a relevant authority within the meaning of section 116C of the Act, then, in relation to that person, a reference in this rule to a person to be charged with the costs of proceedings shall be read as including a reference to that Office or relevant authority, whichever provided that assistance. "(2) A reference in this rule to a notice of rights in relation to an account for the costs of proceedings is a reference to a notice in writing that contains a statement to the effect that a person may, in accordance with this rule - (a) if the account is not a detailed account - request a detailed account; and (b) whether the account is detailed or otherwise - dispute the account or any part of the account. "(3) A person to be charged with the costs of proceedings may, if the account for those costs is not a detailed account, request the solicitor who rendered the account to furnish that person with a detailed account for the work done and disbursements incurred by the solicitor in those proceedings. "(4) A request referred to in sub-rule (3) shall not be made later than 28 days after the day on which the solicitor who rendered the account serves on the person making the request a notice of rights in relation to the account. "(5) A person to be charged with the costs of proceedings may, by filing a notice in accordance with Form 57, dispute an account for those costs (whether detailed or otherwise), or any specified part of such an account, and require those costs to be taxed. "(6) A person shall not file a notice referred to in sub-rule (5) in respect of an account for costs or any part of such an account later than 28 days after the day on which the solicitor who rendered the account serves on that person a notice of rights in relation to the account. "(7) A person who files a notice referred to in sub-rule (5) in respect of an account for costs or any part of such an account shall, on the day on which the notice is filed, serve a copy of the notice on the solicitor who rendered the account. "(8) Where a person disputes an account for costs or any part of such an account, being an account that is not in taxable form, the solicitor who rendered the account shall, not later than 28 days after the day on which a copy of the notice disputing the account is served on the solicitor - (a) file a bill in respect of those costs; and (b) serve a copy of the bill on that person. "(9) Subject to this rule, a solicitor shall not commence an action to recover the costs of proceedings from a person to be charged with those costs unless the solicitor has served on that person - (a) an account for those costs; and (b) a notice of rights in relation to the account for those costs, and not less than 35 days have elapsed after the day on which the notice of rights was served on that person. "(10) Where an account for the costs of proceedings is not a detailed account and a person to be charged with those costs requests a detailed account for those costs, the solicitor who rendered the account shall not commence an action to recover those costs from that person unless the solicitor has served on that person - (a) in response to that request, a detailed account for the work done and disbursements incurred by the solicitor in those proceedings; and (b) a notice of rights in relation to the detailed account for those costs, and not less than 35 days have elapsed after the day on which the notice of rights was served on that person. "(11) Where a person files a notice referred to in sub-rule (5) in respect of an account for costs or any part of such an account, the solicitor who rendered the account shall not commence an action to recover those costs from that person unless that notice has been dealt with in accordance with this Order or has been withdrawn. "(12) A solicitor may amend a bill of costs without leave at any time before the commencement of the hearing for the taxation of those costs. "(13) The provisions of this Order in relation to the taxation of costs as between party and party shall also apply unless otherwise provided to the taxation of costs as between solicitor and client. Counsel or solicitor liable to pay certain costs "39. (1) Where a hearing cannot conveniently proceed by reason of counsel or the solicitor for a party having - (a) neglected to attend personally or by some proper person on his behalf; or (b) omitted to deliver a document necessary for the use of the court or a Judge and which, according to the practice of the court or these Rules, ought to have been delivered, the court or Judge may order counsel or the solicitor to pay to all or any of the parties such costs as the court or Judge thinks fit. "(2) The court may, after reference to and report by the taxing officer, order counsel or the solicitor for a party to repay to that party costs ordered to be paid by that party to another party, being costs incurred by that other party in consequence of delay or misconduct on the part of counsel or the solicitor. Application for reconsideration of taxing officer's decision "40. (1) Where, for the purpose of issuing an assessment referred to in sub-rule 24(5), a taxing officer decides to allow or disallow, wholly or in part, any item in a bill, or to allow some amount in respect of any item, a party to the taxation proceedings who objects to the decision may apply to the taxing officer to reconsider that decision. "(2) An application under sub-rule (1) shall be made by written notice to the taxing officer. "(3) Notice of the application shall be filed within 7 days after the date of the decision. "(4) The applicant shall file with or subscribe to the notice a statement of objections. "(5) A statement of objections shall specify by a list the items as to which the applicant objects to the decision of the taxing officer and shall state briefly, but specifically, the nature and grounds of each objection. "(6) An applicant under sub-rule (1) shall, on the date of filing a notice of the application and a statement of objections, serve a copy of the notice and statement on each party interested. Reconsideration "41. (1) Upon application made under rule 40, the taxing officer - (a) shall reconsider the decision to which objection is made; and (b) shall, upon the request of any party, state by reference to objections to the previous decision, the reasons for the decision on reconsideration. "(2) On the reconsideration, a party shall not, unless the taxing officer otherwise directs, raise any ground of objection not stated in a statement of objection. "(3) A request referred to in paragraph (1)(b) shall be made within 14 days after the day on which the decision on reconsideration to which the request relates was issued by the taxing officer. Certificate of taxation "42. (1) Where a taxing officer has made a decision referred to in sub-rule 40(1) and - (a) no application under that sub-rule has been made within the period referred to in sub-rule 40(3); or (b) after the making of such an application, the taxing officer has reconsidered the decision, the taxing officer shall issue a certificate of taxation in accordance with Form 58 and serve a sealed copy of the certificate on each party to the taxation proceedings. "(2) A certificate of taxation shall be served on the person responsible for its payment. "(3) A certificate issued under sub-rule (1) shall be deemed to be a judgment for debt immediately due and payable and recoverable in accordance with law. "(4) Without limiting sub-rule (3), payment of an amount specified in a certificate of taxation may be enforced under these Rules as if the certificate were an order made under the Act for the payment of costs of that amount. Review "43. (1) Every taxation of costs and every decision of a taxing officer shall be subject to review by a Judge or Magistrate as the case may be provided that the party seeking such review has first sought a reconsideration under rule 40. "(2) Where a taxing officer issues a certificate in accordance with a decision on reconsideration under rule 41 and pursuant to that rule a party requests the taxing officer to state the reasons for the decision the Court shall, on application by any party interested, review the decision of the taxing officer on reconsideration. "(3) Where, during the time within which an application may be made under rule 40, it becomes impracticable to make an application by reason of the death or incapacity of, or other matter personal to, the taxing officer, sub-rule (1) shall apply notwithstanding that an application under rule 40 has not been made. "(4) An application for a review under sub-rule (1) shall be filed within 14 days after the certificate is issued, but the court, or the taxing officer when issuing the certificate, may extend the time. "(5) On the review, unless the court by order otherwise directs - (a) further evidence shall not be received; and (b) a party shall not raise any ground of objection not stated in a statement of objection or raised before the taxing officer. "(6) Subject to sub-rule (5), on the review the court may - (a) exercise all the powers and discretions of the taxing officer in relation to the subject matter of the review; (b) make orders for the alteration of the certificate; (c) make orders for the remission of any item to the same or any other taxing officer for taxation; and (d) make such other orders as the nature of the case requires. Interest on outstanding costs "44. Unless the court otherwise orders, interest is payable on outstanding costs at the rate specified in rule 1 of Order 40, such interest to run from the date upon which the solicitor could, pursuant to this Order, commence an action to recover his costs. Order applies notwithstanding payment of account "45. The provisions of this Order apply notwithstanding that an account for costs has been paid.". 1987 No. 15 FAMILY LAW RULES (AMENDMENT) - RULE 4 4. Schedule 1 to the Family Law Rules is amended by omitting Forms 56, 57 and 58 and substituting the following forms: FORM 56 Order 38, rule 24 ASSESSMENT OF COSTS (Title) APPLICANT: RESPONDENT: BEFORE THE REGISTRAR, THE DAY OF 19 . THIS TAXATION coming on for hearing before me this day, PURSUANT TO rule 24 of Order 38 of the Family Law Rules - (a) I SPECIFY $ as the proper amount to be paid by the to (b) In this assessment I have allowed the amount of $ as the proper amount of costs to be paid by to in relation to costs incurred in the taxation. Dated the day of 19 . ....................... Registrar Notes: 1. A party to the taxation proceeding who objects to a decision of the taxing officer may, within 7 days after the date of the decision, file an application under rule 40 for the taxing officer to reconsider the decision. 2. Where no application has been filed within the time specified, the taxing officer shall issue a certificate of taxation. Such a certificate creates a judgment debt that is immediately due and payable and recoverable in accordance with law. Payment of the amount specified in the certificate may be enforced under the Family Law Rules. ---------- FORM 57 Order 38, rule 38 NOTICE DISPUTING COSTS (Title) To: ............................................ (Name and address of Solicitor) APPLICANT'S ADDRESS FOR SERVICE: TAKE NOTICE that I, of (full name) (address and telephone number) dispute *the whole/*the following parts of the account for costs dated the day of 19 as set out below: (here set out such parts of the account which are disputed) served on me on the day of 19 and filed herewith and require the account to be taxed. Dated the day of 19 . ....................... (Signature) *Cross out whichever is not applicable. ---------- FORM 58 Order 38, rule 42 CERTIFICATE OF TAXATION OF COSTS (Title) APPLICANT: RESPONDENT: *THIS TAXATION coming on for hearing before me this day, for work done and 19 . disbursements incurred from the day of 19 to and including the day of 19 , PURSUANT TO sub-rule 42(1) of Order 38 of the Family Law Rules - -OR- *IN THIS TAXATION heard on the day of 19 , the Registrar specified the amount of $ as the proper amount to be paid by to NO APPLICATION in accordance with rule 40 for reconsideration of the Registrar's decision has been made. PURSUANT TO sub-rule 42(1) of Order 38 of the Family Law Rules therefore - I CERTIFY $ as the proper amount to be paid by to Dated the day of 19 . ....................... Registrar *Cross out whichever is not applicable. Notes: A party to the taxation may, not later than 14 days after a copy of this certificate has been issued to him file an application in accordance with Form 44 to review the decision of the taxing officer. ---------- 1987 No. 15 FAMILY LAW RULES (AMENDMENT) - RULE 5 5. Schedule 2 to the Family Law Rules is repealed and the following schedule substituted: SCHEDULE 2 Order 38, rule 3 SCALE OF COSTS ------------------------------------------------------------------------------ - Item Matter in respect of which charge is made Charge ------------------------------------------------------------------------------ - $ 1 Drawing documents (a) court documents . . . . . . . . . . . . . 19.40 per page (b) other documents . . . . . . . . . . . . . 6.70 per folio 2 Engrossing documents (a) court documents . . . . . . . . . . . . . 6.50 per page (b) other documents . . . . . . . . . . . . . 2.30 per folio 3 Drafting and typing (a) short letter (up to one folio in length). 7.80 (b) circular letter (up to one folio in length)3.90 (c) any other letter . . . . . . . . . . . . 9.30 for the first folio and $7.80 for each subsequent folio 4 Telephone attendance (a) continuing up to 5 minutes . . . . . . . 6.60 (b) continuing for more than 5 minutes . . . At the rate of $81.00 per hour 5 Perusal of documents (a) court documents . . . . . . . . . . . . . 9.10 per page (b) other documents . . . . . . . . . . . . . 3.10 per folio 6 Photographic reproduction, carbon or other copy of a document . . . . . . . . . . . . . . . . . . 0.80 per page 7 Time reasonably spent by a solicitor on work requiring the skill of a solicitor, other than work referred to in Item At the rate of 1, 2, 3, 4, 5, 6 or 8 . . . . . . . . . . . . $81.00 per hour 8 Time reasonably spent by a solicitor or employee of a solicitor on work other than work referred to in Item 1, At the rate of 2, 3, 4, 5, 6 or 7 . . . . . . . . . . . . . . . . . . . $44.00 per hour ------------------------------------------------------------------------------ - 1987 No. 15 FAMILY LAW RULES (AMENDMENT) - RULE 6 6. (1) The Order substituted by rule 3 applies to and in relation to proceedings commenced on or after 9 February 1987 and, notwithstanding its repeal, the Order repealed by that rule continues to apply to proceedings commenced on or after 3 February 1986 and before 9 February 1987 as if it had not been repealed. (2) The amendments effected by rule 4 apply to and in relation to proceedings commenced on or after 9 February 1987 and, notwithstanding those amendments, the provisions so amended continue to apply to proceedings commenced on or after 3 February 1986 and before 9 February 1987 as if those provisions had not been amended. (3) The Schedule substituted by rule 5 applies to and in relation to work done and services performed on or after 9 February 1987 and, notwithstanding its repeal, the Schedule repealed by that rule continues to apply to and in relation to work done and services performed on or after 3 February 1986 and before 9 February 1987. (4) The provisions of the Regulations as in force prior to 2 January 1985 continue to apply to work done by a solicitor before that date. - NOTES 1987 No. 15*1* FAMILY LAW RULES*2* (AMENDMENT) *1*Notified in the Commonwealth of Australia Gazette on 6 February 1987. *2*Statutory Rules 1984 No. 425 as amended by 1985 No. 341 and 1986 Nos. 6 and 193.