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Notice of response to notice of objection (Rule 40.26(1)) (Form 131)

Form 131 is the Federal Court of Australia notice of response to an objection to a bill of costs. It says which objections are admitted and why the rest should fail.

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Format
Word (DOCX)
Category
Court form
Form number
Form 131
Version
v1e36b98c
Last updated
14 October 2026

Federal Court of Australia · Federal Court Rules 2011

Preview of the first page of Notice of response to notice of objection (Rule 40.26(1)) (Form 131)
Preview - first page of the form

For law practices: this form maps to the published matter-field vocabulary, so your practice management system fills it from your matter data - on your own machine. Practice management systems can fetch and assemble it through the document assembly API.

What Form 131 is for

After a party files a notice of objection to a bill of costs (Form 130), rule 40.26 of the Federal Court Rules 2011 requires the party who filed the bill, and any party who might be affected by an objection, to file and serve a notice of response in accordance with Form 131. The response must state whether each objection is admitted or opposed and, for each objection opposed, briefly but specifically why the item should be allowed, why the objection should be dismissed and any authority relied on (r 40.26(1)). The response matters: no amount will be allowed for an item that was objected to but not responded to (r 40.27(3)(b)), and only parties who filed an objection or a response may attend the taxation (r 40.27(2)).

When you need it

  • You filed a bill of costs and have been served with a notice of objection to it.
  • You are another party whose position might be affected by an objection to the bill.
  • You want to defend items in the bill at the taxation hearing.

How to fill it in

  1. 1

    Copy the heading of the proceeding

    Use the file number, District Registry, Division and party names from the proceeding in which the costs order was made (rr 2.13, 2.14).

  2. 2

    Opening statement

    Insert your name and role and the party who served the notice of objection. The form states that you respond as set out.

  3. 3

    Details of response, objection by objection

    For every objection, say whether it is admitted or opposed. For each one opposed, state briefly but specifically why the item should be allowed, why the objection should be dismissed and any authority relied on (r 40.26(1)). Follow the numbering of the notice of objection.

  4. 4

    Date and sign

    The signature block is for the party's lawyer ("Lawyer for the" party).

Filing, lodging and service

  • File the notice and serve it on any party who has given a notice of objection or notice of response. Rule 40.26(2) ties the deadline to 5 days before the date appointed for taxing the bill, so file and serve it by then.
  • File it in the existing proceeding, usually through eLodgment using the file number. Rule 2.21 also allows lodging at a Registry, by post or by fax.

Common mistakes

  • Respond to every objection. An objection left unanswered means no amount will be allowed for that item (r 40.27(3)(b)).
  • Admitting weak items early narrows the dispute and can reduce the costs of the taxation.
  • On a review by the Court, you cannot rely on a response not taken in your notice (r 40.34(3)).

Frequently Asked Questions

Do I have to respond to a notice of objection to my bill of costs?

Yes. Rule 40.26(1) requires the party who filed the bill to file and serve a notice of response, and items objected to but not responded to will not be allowed (r 40.27(3)(b)).

Who can attend the taxation?

Where a notice of objection has been filed, only the objecting party and parties who filed a notice of response (r 40.27(2)).

Checked against the official sources on 26 October 2026

General information about the form, not legal advice about your matter. Rules and forms change: if anything here differs from the court or agency's current instructions, theirs apply.

Field map

5 boxes on the Notice of response to notice of objection (Rule 40.26(1)) (Form 131) fill from your matter. 2 are for you to complete: ticks, signatures and anything that needs judgement.

Client
Client full name(s), Client state
Parties
Applicant full name(s)
Key Dates
Current date

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