Notice requesting full taxation of costs (Rule 40.23(4)) (Form 129)

After an objection to an estimate of costs, a Registrar may direct a provisional taxation (r 40.21(2)(b)). The taxing officer provisionally taxes the bill in the absence of the parties and then gives written notice of the amount and the amounts taxed off (r 40.23(1), (3)). Under rule 40.23(4) of the Federal Court Rules 2011, a party interested in the bill may, within 21 days after that notice, file a notice requesting a full taxation in accordance with Form 129. If no one does, the provisionally taxed amount becomes the amount of the certificate of taxation (r 40.23(5)). If a request is filed, a Registrar gives notice that the bill is to be taxed (r 40.24(c)).

When you need it

• You have received written notice of a provisional taxation of a bill of costs and do not accept the result.
• You are a party interested in the bill (a party or person in whose favour or against whom the costs order was made).
• You are within 21 days after the date of the taxing officer's notice.

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

   Identify the provisional taxation

   Insert your name and role and the name or description of the taxing officer who gave the notice of provisional taxation. The form then states that you request a full taxation.

3. 3

   Date and sign

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

• File within 21 days after the date of the written notice of provisional taxation (r 40.23(4)).
• 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.
• Serve the other parties interested in the bill. Under the Rules "file" means file and serve (Dictionary).
• Once the Registrar gives notice that the bill is to be taxed, any party objecting to items must file and serve a Form 130 notice of objection at least 14 days before the taxation date (r 40.25).

• The Court's Costs Practice Note says provisional taxations will not be conducted other than in exceptional circumstances (GPN-COSTS para 5.17), so this form is not often needed.
• Remember the 15% rule in rule 40.33, which can make the objecting party pay the costs of the taxation.