Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.54

             (1)  An application for review must be heard by a Judge.

             (2)  At the hearing of the application:

                     (a)  the court must not receive any new evidence; and

                     (b)  the court may:

                              (i)  exercise all the powers of the Judicial Registrar; and

                             (ii)  set aside or vary the Judicial Registrar's decision; and

                            (iii)  return any item to the Judicial Registrar for reconsideration; and

                     (c)  a party may raise an issue only if:

                              (i)  it was identified as a disputed item in the Notice Disputing Itemised Costs Account; or

                             (ii)  it concerns the costs of assessing the itemised costs account; or

                            (iii)  it concerns an alleged error of calculation in, or omission from, the assessment of the itemised costs account; or

                            (iv)  it concerns an alleged error of law or fact by the Judicial Registrar, and the party has made a request under subrule 12.45(4).

             (3)  A hearing of an application for review does not operate as a stay of the decision reviewed.