32Ordered costs—applications by person to whom costs are payable

32 Ordered costs—applications by person to whom costs are payable

32 Ordered costs—applications by person to whom costs are payable

(1) This section applies to an application for assessment of ordered costs made by the person to whom the costs are payable.

(2) For the Act, sections 68(1) and 93(1)(a), before making an application, the applicant must send the person who is liable to pay the costs (the respondent)—

(a) a copy of the application completed in the approved form, and

(b) a notice advising that the respondent may send a written objection to the application to the applicant within 21 days after the notice is sent.

(3) The application must not be made until the applicant receives an objection or the expiry of the period specified in the notice under subsection (2), whichever occurs earlier.

(4) The application must include—

(a) a copy of an objection received in accordance with the notice, or

(b) a statement that the applicant did not receive an objection.

(5) The application may include a response to the objection.

(6) If the respondent makes an objection after the expiry of the period specified in the notice—

(a) the applicant must send a copy of the objection to the costs assessor to whom the application is referred, and

(b) the applicant may send a written response to the objection to the costs assessor.