Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.50

             (1)  This rule applies to a person entitled to costs who:

                     (a)  has served an itemised costs account under rule 12.34; and

                     (b)  has not been served with a Notice Disputing Itemised Costs Account under rule 12.36.

             (2)  A Judicial Registrar may make a costs assessment order if the person has filed:

                     (a)  a copy of the itemised costs account; and

                     (b)  an affidavit stating:

                              (i)  when the itemised costs account was served on the person liable to pay the costs; and

                             (ii)  the amount (if any) that has been received or credited for the costs; and

                            (iii)  that the person liable to pay the costs has not served a Notice Disputing Itemised Costs Account under rule 12.36; and

                            (iv)  that the time for serving a Notice Disputing Itemised Costs Account has passed.

             (3)  If a costs assessment order is made under subrule (2), the person entitled to costs must serve a copy of the order on the person liable to pay costs.

             (4)  A costs assessment order under this rule has the force and effect of an order of the court.