Notice Disputing Itemised Costs Account

Under rule 12.36 of the Family Law Rules, a person served with an itemised costs account may dispute it by serving a Notice Disputing Itemised Costs Account on the person entitled to the costs within 28 days after the account was served. The parties must then make a reasonable and genuine attempt to resolve the dispute (r 12.37(2)). If they cannot, either may ask the court to determine it by filing the itemised costs account and the notice in the filing registry where the proceeding was conducted, no later than 42 days after the notice was served (r 12.37(3)). A Judicial Registrar then fixes a settlement conference, preliminary assessment or assessment hearing (r 12.39). Only items included in the notice can be raised at the assessment hearing (r 12.45(2)).

When you need it

• You have been served with an itemised costs account in a family law case and disagree with some or all of it.
• You are within 28 days of being served with the account.
• Either party wants the court to assess the disputed costs, which is done by filing this notice with the account.

1. 1

   Heading

   Insert the file number, court and location from the costs account.

2. 2

   About you

   Give your name and an address for service in Australia, naming the law firm if it is a lawyer's address, plus an email address.

3. 3

   About the account

   Give the full name and address of the person or firm claiming the costs and the date the account was served on you.

4. 4

   Disputed items

   For each item you dispute, use the same item number as the account, state your grounds, and give the amount claimed and the amount you offer. Total the columns.

5. 5

   Signature and Part D

   Sign and tick who signed and prepared it. Part D (details of the person lodging the notice and the date of service) is completed by whoever lodges it with the court.

• Serve the notice on the person entitled to costs within 28 days after the account was served (r 12.36). It is served first, not filed.
• If the dispute is not resolved, either party may file the account and the notice no later than 42 days after the notice was served (r 12.37(3)). The court's form page says they can be emailed or posted to the registry where the matter is being heard.
• The first court date is at least 21 days after filing (r 12.39(2)), and the filing party must give the other side at least 14 days notice of it (r 12.40).

• Include every item you want to argue about: at the assessment hearing you can only raise items in the notice (r 12.45(2)). Amendments must be filed at least 14 days before the hearing, or later with consent or an order (r 12.38).
• Make a realistic offer for each item. A failure to try to resolve the dispute can be taken into account on costs (r 12.37(4)).
• If you object to a preliminary assessment, you must give notice and pay security of 5% of the total claimed within 21 days (r 12.43).