Application for review of taxation (Rule 40.34(2)) (Form 133)

Rule 40.34 of the Federal Court Rules 2011 lets a party who attended a taxation apply to the Court for a review of the taxation and any consequential orders. The application must be in accordance with Form 133 and state briefly but specifically the items challenged and whether each should be included, deleted or varied (and by how much). It must be filed and served on all interested parties within 28 days after the certificate of taxation (Form 132) is issued. No new grounds of objection or response can be raised, and no further evidence is received on the review (r 40.34(3), (6)).

When you need it

• You attended the taxation of a bill of costs in the Federal Court and disagree with how particular items were dealt with.
• You are within 28 days after the certificate of taxation was issued (r 40.34(4)).
• You also want enforcement of the certified costs stayed until the review is decided (r 40.35).

1. 1

   Heading and addressees

   Copy the proceeding heading and name each party who may be affected in the 'To' line.

2. 2

   Hearing details

   Leave the time, date and place, and any abridgment, for the Registry.

3. 3

   Items challenged

   List each item in the bill you challenge and say whether it should be included, deleted or varied and, if varied, the amount (r 40.34(2)). Only use grounds raised in your notice of objection or response (r 40.34(3)).

4. 4

   Stay of costs (optional)

   Keep the stay section if you want execution on the certified costs stayed until the application is decided under rule 40.35; otherwise delete it.

5. 5

   Orders, service and signature

   State concisely each order sought, choose the service option, then date and sign.

• File and serve on all interested parties within 28 days after the certificate of taxation is issued (r 40.34(4)), through eLodgment or at a District Registry.
• Filing the review does not stop enforcement of the certificate. Ask for a stay in the application if you need one (r 40.35).
• The Court may call for a written report from the taxing officer and does not receive further evidence (r 40.34(5), (6)). A filing fee may apply; check the fee schedule.

• Only a party who attended the taxation can apply (r 40.34(1)). Who may attend depends on the notices of objection and response filed (r 40.27).
• Be specific about each item and the amount. General complaints about the outcome will not meet rule 40.34(2).
• The Court may exercise all the taxing officer's powers on the items under review, including altering the certificate or remitting items (r 40.34, Note).