Part 13of the Business Tenancies (Fair Dealings) Act 2003 applies.

Part 13 of the Business Tenancies (Fair Dealings) Act 2003 applies. 53.02 Originating process (1) The plaintiff may make the claim in a proceeding in accordance with this Order. (2) The proceeding shall be commenced by originating motion. (3) The originating motion shall be in Form 5E. 53.03 Who to be defendant (1) Each person in occupation of the land whose name the plaintiff knows shall be a defendant. (2) If the plaintiff does not know the name of a person in occupation, the proceeding may be commenced without naming a person as Supreme Court Rules 1987 207 53.04 Affidavit in support At the time the proceeding is commenced an affidavit shall be filed stating: (a) the interest of the plaintiff in the land and that the land does not include premises to which Part 13 of the Business Tenancies (Fair Dealings) Act 2003 applies; (b) the circumstances in which the land has been occupied without licence or consent and in which the claim for recovery of the land arises; and (c) that the plaintiff does not know the name of any person occupying the land who is not a defendant. 53.05 Service (1) The originating motion and a copy of the affidavit and of an exhibit referred to in the affidavit shall be served on each defendant, if any, and on any person occupying the land who is not a defendant. (2) Service on a defendant shall be personal. (3) Service on a person occupying the land who is not a defendant shall be effected: (a) by: (i) affixing a copy of the originating motion and a copy of the affidavit to some conspicuous part of the land; and (ii) if practicable, leaving in the letter-box or other receptacle for mail on the land a copy of the originating motion and a copy of the affidavit enclosed in a sealed envelope addressed to "The Occupiers"; or (b) in such other manner as the Court directs. 53.06 Occupier made a party The Court may order that a person occupying the land who is not a defendant be made defendant or added as a defendant, as the case requires, and that he file an appearance. 53.07 Judgment for possession In a proceeding under this Order, a judgment for possession must be in Form 53A. Supreme Court Rules 1987 208 53.08 Warrant of possession (1) In relation to a proceeding under this Order, a person may issue a warrant of possession to enforce a judgment for possession only if: (a) 3 months have elapsed since the judgment for possession took effect; and (b) the leave of the Court has been obtained. (2) An application for leave under subrule (1) may be made without notice to any person, unless the Court otherwise orders. (3) A warrant of possession to enforce a judgment for possession in a proceeding under this Order shall be in Form 53B. Order 54 Administration of estates and execution of trusts 54.01 Definitions administration proceeding means a proceeding for the administration of an estate or the execution of a trust under the direction of the Court. estate means the estate of a deceased person. 54.02 Relief without general administration (1) A proceeding may be brought for any relief which could be granted in an administration proceeding and a claim need not be made for the administration or execution under the direction of the Court of the estate or trust in respect of which the relief is sought. (2) Without limiting subrule (1), a proceeding may be brought for: (a) the determination of a question which could be determined in an administration proceeding, including a question: (i) arising in the administration of an estate or in the execution of a trust; (ii) as to the composition of a class of persons having a claim against an estate or a beneficial interest in an estate or in property subject to a trust; or Supreme Court Rules 1987 209 (iii) as to the rights or interests of a person claiming to be a creditor of an estate or to be entitled under the will or on the intestacy of a deceased person or to be beneficially entitled under a trust; (b) an order directing an executor, administrator or trustee to: (i) furnish and, if necessary, verify accounts; (ii) pay funds of the estate or trust into court; or (iii) do or abstain from doing an act; or (c) an order: (i) approving a sale, purchase, compromise or other transaction by an executor, administrator or trustee; or (ii) directing an act to be done in the administration of an estate or in the execution of a trust which the Court could order to be done if the estate or trust were being administered or executed under the direction of the 54.03 Parties In an administration proceeding or a proceeding within rule 54.02: (a) all the executors of the will of the deceased or administrators of the estate or trustees of the trust, as the case may be, are parties; (b) where the proceeding is brought by executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff shall be made a defendant; (c) notwithstanding anything in rule 9.03(1), and without limiting the powers of the Court under Order 9, all persons having a beneficial interest in or claim against the estate or having a beneficial interest under the trust, as the case may be, need not be parties and the plaintiff may make such of those persons parties as he thinks fit; and (d) where in the taking of an account of debts or liabilities under a judgment or order in the proceeding a person not a party makes a claim: (i) a party other than the executors or administrators or trustees shall not be entitled to attend before the Court in relation to that claim, except by leave of the Court; and Supreme Court Rules 1987 210 (ii) the Court may direct or allow a party to attend before the Court either in addition to or in substitution for the executors, administrators or trustees. 54.04 Notice of proceeding and judgment (1) In an administration proceeding or a proceeding within rule 54.02, notwithstanding anything in rule 54.03, the Court may order that a person not a party be given notice of the proceeding and of a judgment in the proceeding. (2) On the application of a person given notice under subrule (1), the Court may, in accordance with rule 9.06(b), order that the person be added as a party. 54.05 Relief in proceeding by originating motion (1) In an administration proceeding or a proceeding within rule 54.02, the Court may make an order and grant a relief to which the plaintiff is entitled by reason of breach of trust, wilful default or other misconduct of the defendant, notwithstanding that the proceeding was commenced by originating motion. (2) Subrule (1) does not limit the powers of the Court under rule 4.07. 54.06 Judgment in administration proceeding (1) The Court need not give judgment or make an order for the administration of an estate or the execution of a trust under the direction of the Court unless the judgment or order is necessary for the determination of the questions arising between the parties. (2) Where an administration proceeding is brought by a creditor of the estate or by a person claiming to be entitled under the will or on the intestacy of the deceased or to be beneficially entitled under the trust, the Court may: (a) if it is alleged that no or no sufficient accounts have been furnished by the executors, administrators or trustees, order that the proceeding be stayed for a period specified in the order and that the executors, administrators or trustees shall, within that period, furnish the plaintiff with proper accounts; and (b) if necessary to prevent proceedings by other creditors or by other persons claiming to be entitled, give judgment or make an order for the administration of the estate or the execution of the trust under the direction of the Court and order that no steps be taken under the judgment or order, or under an account or inquiry directed, without the leave of the Court. Supreme Court Rules 1987 211 54.07 Conduct of sale Where the Court makes an order for the sale of property comprised in an estate, or trust property, the executors or administrators, or the trustees, as the case requires, shall, unless the Court otherwise orders, have the conduct of the sale. 55.01 Definition In this Order land includes an interest in or right over land. 55.02 Power to order sale In a proceeding relating to land, where it is necessary or expedient for the purposes of the proceeding, the Court at any stage of the proceeding may order that the whole or a part of the land be sold and may further order that a party in receipt of the rents or profits of the land or otherwise in possession of the land deliver possession to such person as the Court directs. 55.03 Notice of application (1) Except for special reason, an order under rule 55.02 for the sale of land shall not be made unless notice in writing has been given to every person interested in the land, whether or not a party. (2) An order for sale shall state whether notice has been given to every person interested in the land and, if it has not, shall state what special reason exists for making the order notwithstanding. 55.04 Manner of sale (1) This rule applies where the Court makes an order under rule 55.02 that land be sold. (2) The Court may appoint a party or other person to have the conduct of the sale. (3) The Court may permit the person having the conduct of the sale to sell the land in such manner as he thinks fit. (4) The Court may direct a party to join in the sale and conveyance or transfer or in any other matter relating to the sale. Order 55A Application for appointment as public notary Supreme Court Rules 1987 212 (5) The Court may give further directions for the purpose of the sale, including directions: (a) fixing the manner of sale, whether by contract conditional on approval of the Court, private treaty, public auction or tender or otherwise; (b) fixing a reserve or minimum price; (c) requiring payment of the purchase money into court or to a trustee or other person; (d) for settling the particulars and conditions of sale; (e) for obtaining evidence of value; or (f) fixing the remuneration to be allowed to an auctioneer, estate agent or other person. 55.05 Certifying result of sale (1) Where the Court has directed payment of the purchase money into court or the Court so orders, the result of a sale by order of the Court shall be certified: (a) in the case of a sale by public auction – by the auctioneer who conducted the sale; and (b) in any other case – by the person having the conduct of the sale or his solicitor, and the Court may require that the certificate be verified by affidavit. (2) The person having the conduct of the sale shall file the certificate and affidavit. (3) Unless the Court otherwise orders, the certificate and affidavit shall be filed within 21 days after the sale. 55.06 Mortgage, exchange or partition This Order, with the necessary changes, also applies to the mortgage, exchange or partition of land under an order of the Court. Order 55A Application for appointment as public notary 55A.01 Publication of notice of proposed application (1) Notice of a proposed application under section 4(1) of the Public Notaries Act 1992 for appointment as a public notary must be Supreme Court Rules 1987 213 published in a newspaper circulating generally throughout the Territory at least 14 days before the application is filed. (2) The notice must be in Form 55A-A. 55A.02 Application (1) An application under section 4(1) of the Public Notaries Act 1992 for appointment as a public notary must be made by originating motion in Form 5D. (2) The application must be supported by an affidavit by the applicant that sets out: (a) evidence of the matters of which the Court must be satisfied under section 4(2) of the Public Notaries Act 1992; and (b) evidence that rule 55A.01 has been complied with. (3) Without limiting subrule (2)(a), a criminal history report for the applicant that was issued not more than 30 days before the date of the application must be annexed to the affidavit. (4) The application and affidavit must be served on the Law Society Northern Territory within 14 days after the date on which the application is filed. 56.01 Judgment or order instead of writ (1) Subject to any Act, the jurisdiction of the Court to grant relief or a remedy in the nature of certiorari, mandamus, prohibition or quo warranto shall be exercised only by way of judgment or order (including interlocutory order) and in a proceeding commenced in accordance with this Chapter. (2) The proceeding shall be commenced by originating motion. 56.02 Time for commencement of proceeding (1) A proceeding under this Order shall be commenced within 60 days after the date when grounds for the grant of the relief or remedy claimed first arose. (2) Where the relief or remedy claimed is in respect of a judgment, order, conviction, determination or proceeding, the date when the grounds for the grant of the relief or remedy first arose shall be taken to be the date of the judgment, order, conviction, Supreme Court Rules 1987 214 determination or proceeding. (3) The Court shall not extend the time fixed by subrule (1) except in special circumstances. 57.01 Definition In this Order writ means a writ of habeas corpus. 57.02 Application for writ (1) A writ shall not issue except by order of the Court. (2) An application for a writ shall be made to a Judge. (3) The person making the application, whether or not he is the person restrained, shall be the plaintiff and the person against whom the issue of the writ is sought shall be the defendant in the proceeding. (4) The application shall be made on notice to the defendant. (5) Notice shall be by summons and, subject to rule 57.05, service of the summons shall be personal. (6) The application shall be supported by an affidavit by the person restrained showing that it is made at his instance and stating the nature of the restraint. (7) Where the person restrained is unable for any reason to make the affidavit referred to in subrule (6), the affidavit may be made by another person and it shall show that the person restrained is unable to make the affidavit. (8) In an urgent case, the Court may dispense with compliance with a requirement of subrules (4) to (7) inclusive. (9) Order 46, with the necessary changes, applies to an application 57.03 Order on application (1) On an application under rule 57.02 the Court may: (a) order that a writ shall issue; or (b) order that the person restrained be released. Supreme Court Rules 1987 215 (2) Where an order is made under subrule (1)(a), the Court shall give directions as to the Judge before whom, and the date on which, the writ is returnable. (3) A writ shall be in Form 57A. (4) Subject to rule 57.05, a writ shall be served personally on each (5) An order that the person restrained be released shall be a sufficient warrant to the Director of Correctional Services, a Prison Officer in charge of a prison, a member of the Police Force or other person for the release of the person from restraint. (6) The Court may make an order under subrule (1) notwithstanding that the application is not made on notice to the defendant. 57.04 Further application for writ Where an order for a writ is refused, an application for a writ shall not be made again in respect of the same person on the same grounds, whether to the same Judge or to another Judge, unless fresh evidence is adduced. 57.05 Service Where the Director of Correctional Services, a member of the Police Force or other public official is a defendant, in an urgent case, the summons or writ may be served on that defendant by leaving it for him at his office or other place of employment with a person apparently employed there and who apparently has attained the age of 18 years. 57.06 Disobedience (1) A writ may be enforced by: (a) committal of the defendant; (b) sequestration of the property of the defendant; (c) where the defendant is a corporation, without limiting paragraph (b): (i) committal of an officer of the corporation; (ii) sequestration of the property of an officer of the corporation, or by any combination of those means. Supreme Court Rules 1987 216 (2) Nothing in subrule (1) affects the power of the Court to punish for contempt. 57.07 Return to the writ (1) The defendant shall make a return to the writ by filing a notice stating the grounds of detention of the person restrained and serving a copy on the plaintiff at or before the time the writ is returnable. (2) By leave of the Court the defendant may amend the notice or file and serve another notice in substitution for the notice. 57.08 Person detained before Court Where a person detained is brought before the Court pursuant to a writ, the Court shall make such order concerning his custody as it 57.09 Production of person in confinement, to testify (1) An application for the issue of a writ of habeas corpus for an order for the production of a person in confinement to give evidence in a proceeding, civil or criminal, before a court or tribunal shall be made to a Judge by summons. (2) Order 46, with the necessary changes, applies to an application (3) Nothing in subrule (1) limits the power of the Court under any Act to make an order otherwise than on application by summons that an accused person committed to prison be brought before the Court. 59.01 General relief The Court may, at any stage of a proceeding, on the application of a party, give such judgment or make such order as the case requires, notwithstanding that the judgment or order had not been sought in the originating process or other document of the party in 59.02 Date of effect (1) A judgment given or order made by the Court shall bear the date of and take effect on and from the day it is given or made, unless the Supreme Court Rules 1987 217 (2) Any other judgment shall bear the date of and shall take effect on and from the day it is authenticated in accordance with Order 60. (3) Subject to subrule (4), a judgment debt carries interest from the date of judgment at the rate per annum fixed for section 52(2)(a) of the Federal Court of Australia Act 1976 (Cth) from time to time. (4) Where immediately before 1 September 1987 a judgment debt carried interest, the rate of interest per annum payable on that judgment debt on and from that date until 1 July 1988 is the rate of interest applying to Ten Year Commonwealth Bonds on (5) For the purposes of this rule, the rate of interest applying to Ten Year Commonwealth Bonds on a particular date is the rate advised by the Northern Territory Treasury as applying on that date. 59.03 Time for compliance (1) Subject to subrule (3), a judgment or order which requires a person to do an act shall provide, unless the Court otherwise orders, that the act be done within 7 days after service of a copy of the judgment or order on him. (2) Where a judgment or order requires a person to do an act within a fixed time, the Court may, by order, fix another time. (3) Subrule (1) does not apply to: (a) so much of a judgment as requires a person to pay money otherwise than into court; (b) a judgment for possession of land; or (c) a judgment for the delivery of goods. (4) Where a judgment or order requires a person to do an act but does not fix a time within which it is required to be done, the Court may, by order, fix a time. (5) Where the Court fixes a time under subrule (4), it may, by subsequent order, fix another time. 59.04 Statement of reasons for judgment Where the Court gives a judgment or makes an order the reasons for which have been reduced to writing, it shall be sufficient to state the result orally without reasons, but the written reasons shall then be published by delivery to the Associate or, where an Associate Judge gives the judgment or makes the order, to the Associate Supreme Court Rules 1987 218 Judge's secretary. 59.05 Notice of judgment to non-party (1) This rule applies where the Court gives judgment or makes an order for: (a) the administration of the estate of a deceased person; (b) the execution of a trust; or (c) the sale of property. (2) Where the judgment or order: (a) affects the rights of a person not a party; or (b) directs the taking of an account or the making of an inquiry, the Court may by the judgment or order, or by subsequent order, direct that notice of the judgment be served on a person interested. (3) The Court may direct that notice under subrule (2) be served personally or in some other manner and, where it appears that service is impracticable, may dispense with service. (4) A notice of judgment served under subrule (2) shall be endorsed in accordance with Form 59A. (5) Where under this Rule notice of a judgment is served on a person, or the Court dispenses with service of notice of judgment on a person: (a) subject to subrule (6), the person shall be bound by the judgment to the same extent as if he were a party at the time the judgment or order was given or made, except where the judgment or order has been obtained by fraud or non-disclosure of material facts; and (b) he may, after filing an appearance, attend on the taking of the account or the making of the inquiry under the judgment or (6) The Court may set aside or vary the judgment or order on the application of a person referred to in subrule (2). (7) An application under subrule (6) shall be made by summons, which shall be filed: (a) if notice of the judgment or order has been served on the applicant – within 14 days after service; or Supreme Court Rules 1987 219 (b) if the Court has dispensed with service of notice – within 14 days after the day the order dispensing with service was 59.06 Consent orders (1) This rule does not apply if one or more of the parties to a proceeding is a person who is under a disability. (2) Subject to subrule (3), if the parties to a proceeding consent to the making of a judgment or order in the proceeding, each of the parties (or their solicitors) may sign and file a written consent to the making of the judgment or order. (3) When written consent to a judgment or order is filed under subrule (2), the Registrar may bring the matter before a Judge who may, without any further application made to or further hearing by, the Judge, direct the Registrar to draw up the judgment or order in accordance with the terms of the consent and sign and seal the judgment or order. (4) A judgment or order referred to in subrule (3) is to state that it is made by consent. (5) A judgment or order referred to in subrule (3) has the same force and validity as if it were made after a hearing by the Judge. (6) This rule does not limit or otherwise affect the powers of an Associate Judge under rule 77.01(2). Order 60 Authentication and filing of judgments and orders 60.01 When authentication required (1) Unless the Court otherwise orders, a judgment or an order shall not be enforced under this Chapter and an appeal which has been instituted from a judgment or an order shall not be heard until the judgment or order has been authenticated in accordance with this Order and filed. (2) Except where the Court otherwise orders, no judgment: (a) shall be entered or step taken; or (b) shall be given, pursuant to an order or in consequence of the failure of a party to comply with an order unless, before being so entered, taken or Supreme Court Rules 1987 220 given, the order is authenticated in accordance with this Order and filed. 60.02 Mode of authentication (1) A judgment is authenticated when a form of the judgment, drawn up and settled in accordance with this Order, is sealed by a Registrar with the seal of the Court. (2) An order is authenticated when a form of the order, drawn up and settled in accordance with this Order is sealed by a Registrar with the seal of the Court or, in the case of an order to which rule 60.04 applies, is signed by a Judge or an Associate Judge. 60.03 Drawing up of judgment or order (1) The form of a judgment or order shall be drawn up by the party requiring it to be authenticated and lodged by the party with a Registrar to be settled. (2) Notwithstanding subrule (1), a party may lodge with the Court a minute of a judgment or order in a particular form and when the minute is initialled by a Judge or the an Associate Judge, as the case may be, it has the effect of a settled draft and it is not necessary for the party to lodge a form of a draft of judgment or order for settlement by a Registrar. (3) A Registrar may, on the request of a party, draw up and settle the form of a judgment or order. 60.04 Order signed by Judge or Associate Judge (1) Notwithstanding anything in this Order, where the Judge or Associate Judge by whom the order was made so directs, an order may be drawn up by a party and signed by the Judge or Associate Judger. (2) Where that Judge or Associate Judge is unable for sufficient cause to sign the order, it may be signed by another Judge or Associate 60.05 Recitals in judgments and orders (1) A judgment or order shall not include by way of recital a matter not provided for in subrule (2). (2) A judgment or order shall, by way of recital, specify: (a) the originating or other process on which it was obtained; Supreme Court Rules 1987 221 (b) whether a party who was entitled to appear on the hearing of the application to which the judgment or order relates did or did not appear and, if he did, whether in person or by legal practitioner; (c) a finding by the Court of fact essential to ground jurisdiction; (d) the terms of an undertaking given by a party; and (e) such other matters as the Court directs. (3) Where the Court so orders or a party so requires, a judgment or order shall, by way of annexure, identify the evidence before the 60.06 Drawing up and settling (1) Where a Registrar is requested to draw up or settle the form of a judgment or order, he may appoint a time and place for the attendance of a party to settle the draft. (2) Where a draft form of a judgment or order is lodged by a party with a Registrar to be settled, the Registrar may: (a) settle the draft without an appointment for the attendance of a (b) appoint a time and place for the attendance of a party to settle the draft. (3) Where a Registrar makes an appointment to settle the draft of a judgment or order, he shall give notice of the appointment to the party requesting that the form of the judgment or order be drawn up or settled or to the party lodging a draft form of the judgment or order to be settled, as the case may be. (4) That party shall serve notice of the appointment on the other party, unless the Registrar otherwise directs. (5) The notice shall be served not later than 2 days before the appointed day. (6) On the appointment to settle, the Registrar may proceed in the absence of a party. (7) The Registrar shall, on or after the appointment, settle the draft. 60.07 Copy of judgment or order A Registrar shall, on the request of a party, seal a reasonable Supreme Court Rules 1987 222 number of copies of a judgment or order. 60.08 Form of judgment or order The forms of judgments and orders in Forms 60A to 60L shall, where appropriate, be used. 62.01 Definitions defendant includes a person against whom a claim is made in a defence includes a defence to a counterclaim and defence to a statement of a third party claim. plaintiff includes a person who makes a claim in a proceeding. 62.02 When to give security (a) the plaintiff is ordinarily resident out of the Territory; (b) the plaintiff is a corporation or (not being a plaintiff who sues in a representative capacity) sues not for his own benefit but for the benefit of another person and there is reason to believe that the plaintiff has insufficient assets in the Territory to pay the costs of the defendant if ordered to do so; (c) a proceeding by the plaintiff in another court for the same claim is pending; (d) subject to subrule (2), the address of the plaintiff is not stated or is not stated correctly in his originating process; (e) the plaintiff has changed his address after the commencement of the proceeding in order to avoid the consequences of the (f) under an Act or the Corporations Act 2001 the Court may require security for costs, the Court may, on the application of a defendant, order that the plaintiff give security for the costs of the defendant of the proceeding and that the proceeding as against the defendant be stayed until the security is given. Supreme Court Rules 1987 223 (2) The Court shall not require a plaintiff to give security by reason only of subrule (1)(d) if in failing to state his address or to state his correct address the plaintiff acted innocently and without intention to deceive. 62.03 Manner of giving security Where an order is made requiring the plaintiff to give security for costs, security shall be given in the manner and at the time the Court directs. 62.04 Failure to give security Where a plaintiff fails to give the security required by an order, the Court may dismiss his claim. 62.05 Variation or setting aside The Court may set aside or vary an order requiring a plaintiff to give security for costs. Order 63 Costs 63.01 Interpretation administrative assistant means a person other than a solicitor, law clerk, graduate clerk or legal secretary. Appendix means the appendix to this Order. bill means a bill of costs, an account, or a statement of charges. clerk means an administrative assistant, graduate clerk, law clerk or legal secretary. costs includes disbursements. graduate clerk means a person who holds a law degree but is not admitted to the legal profession. indemnity basis, in relation to the taxing of costs, is the basis on which costs are taxed in accordance with rule 63.27. law clerk means a person who does not hold a law degree but has sufficient experience to be able to conduct legal matters with Supreme Court Rules 1987 224 minimal supervision by a solicitor. legal secretary means a person who has particular experience and skills in legal secretarial work and is capable of preparing and formatting legal documents on the instructions of a solicitor. party includes: (a) a person, not a party to the proceeding, by or to whom costs in respect of a proceeding are payable by or under an Act, these Rules or an order of the Court; or (b) in the case of a proceeding in another court or before a tribunal or an arbitration, a person, whether or not a party to the proceeding or arbitration, by or to whom costs in respect of the proceeding or arbitration are payable where by or under an Act, these Rules or an order of the Court the costs are to be taxed in the Court. standard basis, in relation to the taxing of costs, is the basis on which costs are taxed in accordance with rule 63.26. taxed costs means costs taxed in accordance with this Order. Taxing Master means the Associate Judge or the Registrar, or another officer of the Court so directed under subrule (3) by the Taxing Master, conducting a taxation of costs under this Order. trustee includes an executor of a will and an administrator of the estate of a deceased person. (2) In this Order, unless the contrary intention appears: (a) a reference to a fund, being a fund out of which costs are to be paid, or being a fund held by a trustee, includes a reference to property held for the benefit of a person or class of persons (including the assets of a company in liquidation) or held on trust for any purpose; and (b) a reference to a fund held by a trustee includes a reference to other property to which the trustee is entitled as trustee, whether alone or together with another person and whether or not the property is for the time being in the possession of the trustee. (3) The Associate Judge may direct an officer of the Court to conduct a taxation of costs under this Order but an officer so directed shall not conduct such a taxation if a party to the taxation, or a party's solicitor, objects to the officer conducting the taxation. Supreme Court Rules 1987 225 63.02 Application (1) This Order applies to costs payable or to be taxed under these Rules or an order of the Court and to costs to be taxed by the Taxing Master under any Act. (2) When used in an order for costs, but subject to rule 63.03, the following words have the following effect indicated opposite to them: Costs Where this order is made in an application in a proceeding, the party in whose favour it is made: (a) is entitled to his costs in respect of that application whatever the outcome of the proceeding; and (b) is entitled to have his costs taxed. Costs here and below The party in whose favour this order is made is entitled not only to his costs in respect of the proceeding in which it is made, but also to his costs of the same proceeding in a lower court or tribunal. Costs in any event This order has the same effect as an order for costs made in an application in a proceeding. Costs in the proceeding The party who is successful in the proceeding is entitled to the party's costs of the application, or part of the proceeding, in respect of which this order is made. Costs reserved Subject to Rule 63.20, the party in whose favour an order for costs is made at the conclusion of a proceeding is entitled to the costs of any application in that proceeding in respect of which the order is made. Costs of the day Includes all costs thrown away, including an allowance for work actually done by counsel on the day but not the fee payable to counsel on brief. Costs thrown away Where an application or a proceeding, or part of it, has been ineffective or has been subsequently set aside, the party in whose favour this order is made is entitled to his costs of that proceeding or part (as the case may be) in respect of which it is made. No order as to costs This order means that each party pays his own costs. Plaintiff's costs in the The plaintiff or defendant (as the case may be) is entitled to his costs of the application in a proceeding in respect of Supreme Court Rules 1987 226 proceeding or Defendant's costs in the proceeding which such an order is made, if judgment is given in his favour in the proceeding, but he is not liable to pay the costs of a party in respect of that application if judgment is given in favour of another party in the proceeding. 63.03 General rule (1) Subject to these Rules and any other law in force in the Territory, the costs of a proceeding are in the discretion of the Court. (2) Where in the opinion of the Taxing Master or the Court the strict application of this Order (other than this subrule) would result in an anomaly, the Taxing Master or the Court may tax costs, or make such order in relation to costs, as he or it thinks equitable in the circumstances and the costs so taxed or ordered are payable and may be enforced under this Order accordingly. 63.04 Time for order for costs, taxation and payment (1) The Court may exercise its power and discretion as to costs at any stage of a proceeding or after the conclusion of the proceeding. (2) Subject to this rule, the costs a party is required to pay under these Rules or an order of the Court shall be paid immediately. (3) Subject to subrule (4), where: (a) the Court makes an interlocutory order for costs; or (b) costs are payable by virtue of these Rules without an order for costs, those costs shall not be taxed until the conclusion of the proceeding to which they relate. (4) If it appears to the Court when making an interlocutory order for costs or at a later time that all or a part of the costs ought to be taxed at an earlier stage, it may order accordingly. (5) In the case of an appeal, the costs of the proceeding giving rise to the appeal, as well as the costs of the appeal, may be dealt with by the Court hearing the appeal. 63.05 Costs of question or part of proceeding The Court may make an order for costs in relation to a particular question in, or a particular part of, a proceeding. Supreme Court Rules 1987 227 63.06 By whom costs to be taxed Unless the Court otherwise orders, costs taxed in accordance with this Order shall be taxed by the Taxing Master. 63.07 Other orders for payment of costs Where the Court orders that costs be paid to a party, it may then or at a later time order that, as to the whole or a part of the costs specified in the order, that party is entitled to: (a) a portion (specified in the order) of taxed costs; (b) taxed costs from or up to a stage of the proceeding specified in the order; or (c) a gross amount specified in the order instead of taxed costs. 63.08 Cost on writ and on default judgment (1) For the purpose of rule 5.09, a plaintiff may claim for costs in a writ an amount in accordance with item 1 in the scale in Part 4 of the Appendix and, if the plaintiff so claims, rule 5.09(3) does not apply. (2) Where judgment is entered for costs under rule 21.03(2), unless the Court otherwise orders, the costs shall not be taxed but shall be in accordance with the appropriate item in the scale in Part 4 of the 63.09 Costs in Local Court, &c. Where proceedings in the Local Court or before a tribunal are remitted or transferred to or removed into the Court, or an appeal to the Court is brought from another court or a tribunal, and the Court makes an order as to the costs of proceedings in that court or before that tribunal, the Court may: (a) specify the amount of the costs to be allowed; (b) order that the costs be taxed in the Court in accordance with this Order; or (c) order that the amount of the costs be determined in the court or tribunal in such manner as that court or tribunal directs. 63.10 No order for taxation required in certain cases (a) the Court makes an order for the payment of costs; Supreme Court Rules 1987 228 (b) a proceeding is dismissed with costs; (c) an application in a proceeding is refused with costs; (d) a party is otherwise liable under these Rules to pay the costs of another party; (e) a party may tax costs under these Rules; or (f) the parties have agreed in writing that costs payable by one party to another may be taxed and the agreement is filed, the costs may be taxed without an order for taxation. 63.11 No order for costs required in certain cases (1) Where an application is made to set aside a pleading on the ground of irregularity and that application is dismissed, the party who made the application shall pay the costs of every other party to the (2) Where a plaintiff, by notice in writing in accordance with these Rules, accepts money paid into court in satisfaction of his claim or accepts money paid in satisfaction of one or more of his claims and gives notice that he abandons the others, he is entitled to his costs of the action incurred up to the time of giving notice of acceptance and the costs of obtaining payment out of court of the money. (3) Where, in a proceeding for defamation against several defendants sued jointly, a plaintiff, by notice in writing, accepts money paid into court by one of the defendants, the plaintiff is entitled to his costs of the proceeding against that defendant incurred up to the time of giving notice of acceptance and the costs of obtaining payment out of court of the money. (4) A defendant who has counterclaimed is entitled to the costs of the counterclaim if: (a) he pays money into Court and his notice of payment in states that he has taken into account and satisfied the claims in respect of which he counterclaims; and (b) the plaintiff accepts the money paid in, but the costs of that counterclaim are limited to those incurred up to the time when the defendant received notice of acceptance by the plaintiff of the money paid into court. (5) Where a party applies for an extension or abridgement of a time fixed by these Rules or by an order fixing, extending or abridging Supreme Court Rules 1987 229 time, he shall pay the costs of and occasioned by the application. (6) A party who discontinues a proceeding or with-draws part of a proceeding, counterclaim or claim by third party notice shall pay the costs of the party to whom the discontinuance or withdrawal relates to the time of the discontinuance or withdrawal. (7) A party who amends: (a) a pleading without leave of the Court; or (b) a pleading or other document by leave, shall pay the costs of and occasioned by the amendment and the costs thrown away because of the amendment. (8) The costs of and occasioned by an adjournment made necessary by the default of a party shall be borne by that party. (9) This rule is subject to such other order as the Court makes. 63.12 Enforcement of order of Taxing Master (1) Where costs are taxed otherwise than under a judgment or order for costs, an order of the Taxing Master for payment of an amount found to be due may be enforced in the same manner as a judgment for the payment of money. (2) Subrule (1) extends to an interim order for payment of an item in a bill of costs made under rule 63.54(3). 63.13 Costs in account Where the Court orders that an account be taken and the account consists in part of costs, the Court may, then or at a later date, direct that those costs be fixed or be taxed in accordance with this Order. 63.14 Order for payment Subject to these Rules, a party to a proceeding is not entitled to recover any costs of the proceeding from another party except by order of the Court. 63.15 Offer of compromise Where an offer of compromise is served and the offer has not been accepted at the time of verdict or judgment, liability for costs shall Supreme Court Rules 1987 230 be determined in accordance with rule 26.08. 63.16 Non-admission of fact or document Where a party serves a notice: (a) under rule 35.03(2) disputing a fact and afterwards the fact is proved in the proceeding; or (b) under rule 35.05(2) disputing the authenticity of a document and afterwards the authenticity of the document is proved in the proceeding, that party shall pay the costs of proof, unless the Court otherwise orders. 63.17 Interlocutory injunction Where the Court grants an interlocutory injunction and afterwards grants a further interlocutory injunction continuing the first injunction with or without modification, an order as to the costs of the further injunction shall, unless the Court otherwise orders, include the costs of the first injunction. 63.18 Interlocutory application The costs of an interlocutory or other application in a proceeding, whether made on or without notice, are to be costs in the proceeding unless the Court otherwise orders. 63.19 Inquiry as to ownership of property The costs of an inquiry to ascertain the person entitled to a legacy, money, share or other property shall be paid out of the property, 63.20 Costs reserved (1) Where, by order of the Court, the costs of an interlocutory or other application or of a step in a proceeding are reserved, the Court may direct by and to whom those costs are to be paid. (2) Where the Court makes no direction under subrule (1), a party may, within 21 days after the conclusion of the proceeding, apply to the Court for a direction as to the payment of costs reserved. Supreme Court Rules 1987 231 63.21 Costs liability of legal practitioner (1) Where a solicitor for a party, whether personally or through a servant or agent, has caused costs to be incurred improperly or without reasonable cause or to be wasted by undue delay or negligence or by other misconduct or default, the Court may order (a) all or any of the costs between the solicitor and the client be disallowed; or (b) the solicitor repay to the client the whole or part of money paid on account of costs; or (c) the solicitor pay to the client all or any of the costs which the client has been ordered to pay to a party; or (d) the solicitor pay all or any of the costs payable by a party other than his client. (2) Without limiting subrule (1), a solicitor is in default for the purpose of this rule where an application in or trial of a proceeding cannot conveniently be heard or proceed, or fails or is adjourned without useful progress being made, by reason of the failure of the solicitor to: (a) attend in person or by a proper representative; or (b) file a document which ought to have been filed; or (c) lodge or deliver a document for the use of the Court which ought to have been lodged or delivered; or (d) be prepared with proper evidence or account; or (e) otherwise proceed. (3) The Court shall not make an order under subrule (1) without giving the solicitor a reasonable opportunity to be heard. (4) The Court may, before making an order under subrule (1), refer the matter to an Associate Judge for inquiry and report. (5) Order 50, with the necessary changes, applies to a reference to an Associate Judge for inquiry and report made under subrule (4). (6) The Court may order that notice of a proceeding or order against a solicitor under this rule be given to the solicitor's client in such manner as it directs. Supreme Court Rules 1987 232 (7) This rule, with the necessary changes, applies to a barrister as it applies to a solicitor. 63.22 Money claim in wrong Court, &c. (1) Subject to subrule (2), where in a proceeding: (a) a plaintiff recovers (or but for a set off under rule 13.14 against his claim would be entitled to recover) an amount which is an amount within the jurisdiction of the Local Court; and (b) the Court makes an order that the defendant pay the plaintiff's costs of the proceeding, the plaintiff is not entitled to recover from the defendant an amount for costs which exceeds that which he would have recovered in the Local Court, unless the Court is satisfied that he had good reason to commence the proceeding in the Court. (2) Where in a proceeding a plaintiff recovers (or but for a set off under rule 13.14 against his claim would be entitled to recover) no more than $2,000, he is not entitled to costs. 63.23 Trustee or mortgagee A party who sues as trustee or mortgagee, unless the Court otherwise orders, is entitled to the costs of the proceeding out of the fund held by the trustee, or out of the mortgaged property, to the extent that the costs are not paid by any other person. 63.24 Application This Part applies to costs in a proceeding which by or under an Act, these Rules or an order of the Court are to be paid to a party to the proceeding either by another party or out of a fund. 63.25 Bases of taxation Subject to this Part, costs in a proceeding which are to be taxed shall be taxed on: (a) the standard basis; or (b) the indemnity basis. Supreme Court Rules 1987 233 63.26 Standard basis On a taxation of costs on the standard basis, there shall be allowed a reasonable amount in respect of all costs reasonably incurred, and any doubts which the Taxing Master has as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the paying party. 63.27 Indemnity basis On a taxation of costs on the indemnity basis, all costs shall be allowed except to the extent that they are of an unreasonable amount or have been unreasonably incurred, and any doubts which the Taxing Master has as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the receiving party. 63.28 General basis (1) Except as provided by these Rules or an order of the Court, costs shall be taxed on the standard basis. (2) Where the Court makes an order for costs: (a) without indicating the basis of taxation; or (b) to be taxed on a basis other than the standard basis or the indemnity basis; the costs shall be taxed on the standard basis. 63.29 Where indemnity basis applicable (1) Subject to this Order, the Court may order that costs be taxed on the indemnity basis. (2) Where the Court makes an order for: (a) the payment to a party of costs out of a fund; or (b) the payment of costs to a party who sues or is sued as trustee, subject to rule 63.30, the costs shall be taxed on the indemnity basis. 63.30 Party as trustee Where a party who sues or is sued as trustee is entitled to be paid costs out of a fund which he holds in that capacity, the costs shall, unless the Court otherwise orders, be taxed on the indemnity basis. Supreme Court Rules 1987 234 63.31 Costs payable to solicitor where money claimed by or on behalf of person under disability (1) This rule applies to a proceeding (including a proceeding in the Court of Appeal) in which: (a) money is claimed or recovered by or on behalf of, or adjudged, ordered, or agreed to be paid to or for the benefit of, a person under a disability; or (b) money paid into court is accepted on behalf of a person under a disability. (2) The costs of a proceeding to which this rule applies which are payable by a plaintiff to his solicitor shall, unless the Court otherwise orders, be taxed on the indemnity basis. (3) On a taxation under subrule (2), the Taxing Master shall also tax the costs payable to that plaintiff in those proceedings and shall certify: (a) the amount allowed on the taxation of the solicitor's bill to his own client; (b) the amount allowed on the taxation of costs payable to that plaintiff in that proceeding; (c) the amount (if any) by which the amount referred to in paragraph (a) exceeds the amount referred to in paragraph (b); and (d) where necessary, the proportion of the amount of that excess payable by, or out of money belonging to, respectively, any claimant who is a person under a disability and any other (4) Subrules (2) and (3) apply to and in relation to a proceeding in the Court of Appeal as if for a reference to the plaintiff there were substituted a reference to the party, whether appellant or respondent, who was the plaintiff in the proceeding which gave rise to the appeal proceeding. (5) Nothing in this rule prejudices a solicitor's lien for costs. (6) This rule also applies to and in relation to a counterclaim by or on behalf of a person under a disability as if for a reference to a plaintiff there were substituted a reference to a defendant. Supreme Court Rules 1987 235 63.32 Ascertaining costs on a taxation (1) Subject to these Rules, the scales of costs contained in Parts 2 and 3 of the Appendix, together with the notes and provisions contained in Parts 1 and 3 of the Appendix, apply in relation to the taxation of all costs for work done after the commencement of this Order. (2) On the taxation of costs payable to a solicitor by his own client or of costs payable by a person who is or has been a party to a proceeding in the capacity of trustee who is entitled to be paid out of the fund which he holds in that capacity, and in other cases which, in the opinion of the Taxing Master, warrant his so allowing, costs may, in the discretion of the Taxing Master, be allowed: (a) in relation to items not mentioned in the scales in the Appendix; or (b) of an amount higher than that prescribed in the scales in the (3) There shall be allowed to a witness attending at Court to give evidence such fees as are reasonable having regard to the occupation of the witness and those fees shall include: (a) the actual expenses reasonably incurred by the witness for travel to and from the place of trial or hearing; (b) the actual expense reasonably incurred by the witness for accommodation and sustenance; (c) loss of salary, wages or other remuneration of any kind reasonably caused by the attendance; and (d) any other necessary expense reasonably incurred by the witness because of the attendance. (4) Subrule (3) applies to a person required to attend at Court to act as an interpreter as if that person were a witness. 63.33 Powers of Taxing Master On a taxation of costs under this Order, the Taxing Master, in addition to powers conferred by the Act, has all the power which under the Act or these Rules an Associate Judge has on a hearing of an application in a proceeding. Supreme Court Rules 1987 236 63.34 Costs of taxation (1) Costs to be taxed under these Rules include the costs of the taxation. (2) Costs to be taxed under a judgment, unless the judgment otherwise provides, include the costs of the taxation. (3) After service of a summons under rule 63.36 for the taxation of costs, the party entitled to costs and the party liable for them may serve on each other an offer of compromise in respect of the amount of the costs to be taxed. (4) Subject to this rule and to an order of the Court, the Taxing Master may make orders for the costs of a taxation. (5) On the taxation of a bill of costs the Taxing Master may refuse to allow to the solicitor who filed the bill the amount, or any part of the amount, claimed in the bill in respect of the taxation if: (a) the amount of professional charges contained in the bill is reduced by 20% or more on the taxation; or (b) a reasonable offer of compromise was made under this rule but not accepted; or (c) the Master otherwise thinks it equitable in the circumstances. (6) In addition, if on the taxation of a bill of costs the amount of professional charges contained in the bill is reduced by 20% or more, the Taxing Master may direct the solicitor who filed the bill to personally pay the costs of attending the taxation incurred by a party who: (a) appeared on the taxation; and (b) in the opinion of the Taxing Master, had a right to appear. 63.35 Application (1) This Part applies to: (a) the costs of a proceeding in the Court, including: (i) the costs of an application to or proceeding before the Full Court under Division 3 of Part II of the Act; and Supreme Court Rules 1987 237 (ii) the costs of a proceeding in pursuance of Division 4 of Part II of the Act; and (iii) the costs of an appeal or an application for leave to appeal, under Part III of the Act, or an application for an extension of time to appeal or to apply for leave to appeal; and (iv) in the case of an appeal to the Court from another court or tribunal – the costs of proceedings in that court or before that tribunal; and (v) in the case of proceedings in another court or tribunal that are remitted or transferred to or removed into the Court – the costs of the whole of the proceeding, both before and after the remission, transfer or removal which by or under these Rules or an order of the Court are to be paid to a party by another party or out of a fund; and (b) the costs of an arbitration or other proceedings which by or under an Act are to be taxed in the Court. (2) Subject to Part 6, this Part extends to the taxation of costs payable to a solicitor by his client. 63.36 Summons for taxation (1) An application to the Taxing Master for costs to be taxed shall be made by summons filed in the office of the Taxing Master. (2) Where the taxation is pursuant to a judgment, the judgment shall be authenticated before the summons is filed. (3) A summons under this rule shall be in accordance with Form 63A. (4) Unless the Taxing Master otherwise directs, the summons shall be served not later than 21 days before the day for hearing named in the summons. (5) Except as provided in subrules (1) to (4) inclusive, Order 46, with the necessary changes, applies to an application under this rule. 63.37 Filing of bill (1) A party who applies for costs to be taxed shall file a bill in respect of the costs with the Taxing Master at the time the summons under rule 63.36 is filed. (2) The bill of costs shall be prepared in accordance with rule 63.40. Supreme Court Rules 1987 238 (3) The Taxing Master may direct the party entitled to costs to lodge, before the day for hearing named in the summons, any documents in his possession, custody or power that will be required for the purpose of evidence on the taxation. 63.38 Service of bill Subject to rule 63.39, the Taxing Master shall not tax costs unless the party entitled to costs serves a copy of the bill of costs on the party liable for the costs before or at the time of service of the summons under rule 63.36. 63.39 Defendant not appearing Service of a summons and copy bill of costs on a defendant who has not filed an appearance in the proceeding the subject of the application for costs is not necessary. 63.40 Content of bill (2) A bill shall commence with a short narrative succinctly indicating the issues involved in the proceeding. (6) A bill shall be divided into 7 columns: (a) the first column of which shall be for numbering consecutively each item in the bill; (b) the second column of which shall be for setting out chronologically the relevant dates on which the work was done in respect of each item in the bill; (c) the third column of which shall contain succinct details of each item and any claim in respect of that item for professional costs and, where claimable, for waiting time; (d) the fourth column of which shall contain the amount of such disbursements as are claimed in connection with an item in the bill; (e) the fifth column of which shall contain the total amount claimed for professional costs and waiting time for all the items that make up each relevant part of the bill; and (f) the last 2 columns of which shall be respectively for amounts disallowed as disbursements and professional costs claimed in the bill and shall be respectively headed "Disbursements taxed off" and "Costs taxed off". Supreme Court Rules 1987 239 (7) A bill filed under rule 63.37 shall comply with the requirements of rule 13.01(1) as though it were a pleading. (8) An item in which travelling time is claimed must state the actual time for which the claim is made. (9) The Taxing Master may disallow multiple items claimed as one item in a bill. 63.41 Disbursement or fee not paid (1) A disbursement may be included in a bill, notwithstanding that it has not been paid, if the bill states that fact. (2) On the taxation the disbursement may be allowed if it is paid before the taxation of that disbursement takes place. 63.42 Charge of lawyer out of Territory (1) Where a bill includes a charge for work done by a lawyer practising in a place out of the Territory: (a) the charge shall be shown as a disbursement; and (b) so far as practicable, the charge shall, if allowed, be allowed in an amount appropriate to the place where the lawyer practices. (2) Where subrule (1) applies, a bill in taxable form of that lawyer's fees shall be attached to the bill of the party claiming the disbursement. 63.43 Amendment of bill The Court or the Taxing Master may, at any stage: (a) give leave to a party to amend or withdraw a bill; or (b) order that a party file another bill. 63.44 Agreement as to part of bill Where the parties agree in writing that part of the costs to be taxed may be allowed at a specified amount and the agreement is subscribed to the bill or filed with it: (a) rule 63.40 does not apply to what is agreed, unless the Taxing Master otherwise directs; and (b) rules 63.42 and 63.43 apply to the agreement as they apply to a bill. Supreme Court Rules 1987 240 63.45 Objection to bill (1) A party on whom a summons under rule 63.36 and a bill is served may, by notice, object to an item in the bill. (2) A notice to which subrule (1) refers shall: (a) be filed within 14 days after the service of the summons and bill; (b) identify by a list each item in the bill to which the party objects; and (c) state specifically and concisely the grounds of objection to each item. (3) The notice under subrule (1), shall, on the same day as it is filed, be served on the party filing the bill and on all other parties to whom the summons for the taxation is addressed. (4) A party entitled to object to an item in accordance with this rule who fails to do so within the time limited in subrule (2)(a) or such other time as the Taxing Master allows, shall be taken to have admitted that item. (5) Notwithstanding subrule (4), the Taxing Master may, on taxation, for good and proper reasons, deal with an item to which no objection was raised in accordance with this rule and may exercise all his powers under this Order in relation to that item. (6) An application for an extension of time may be made informally before or after the expiration of the time referred to in subrule (2)(a). (7) A taxation shall not proceed unless the party filing the bill proves by affidavit service of a copy of the bill on all relevant parties. (8) Where, in the opinion of the Taxing Master, a solicitor indiscriminately objects to an item in a bill and by so doing increases the costs of the taxation of the bill, the Taxing Master may order the solicitor to pay the increased costs which, in the opinion of the Taxing Master, are attributable to the solicitor's action. (9) For the purposes of subrule (8), and without limiting the discretion of the Taxing Master under that subrule, an objection is indiscriminate if it constitutes no more than a blanket objection to items in the bill or if it forms part of such an objection. Supreme Court Rules 1987 241 63.46 Discretionary costs (1) Except where these Rules or an order of the Court otherwise provides: (a) the fees; and (b) the allowances, which are referred to in the Appendix, and are there expressed to be discretionary, shall be allowed at the discretion of the Taxing Master. (2) In exercising a discretion under subrule (1), the Taxing Master shall have regard to: (a) the complexity of the item or of the proceeding in which it arose and the difficulty or novelty of the questions involved; (b) the nature and importance of the proceeding; (c) the skill, specialized knowledge and responsibility involved; (d) the number and importance of the documents prepared or perused, without regard to length; (e) the place where and the circumstances in which the business involved was transacted; (f) the labour involved and the time spent by the solicitor or counsel; (g) the amount or value of money or property involved; (h) other fees and allowances payable to the solicitor or counsel in respect of other items in the bill; and (j) any other relevant circumstances. 63.47 Taxation where no objection Where no objection to a bill is made in accordance with rule 63.45, the Taxing Master may tax the bill and allow or disallow the amount of the costs in it in whole or in part. Supreme Court Rules 1987 242 63.48 Attendance of parties (1) The Taxing Master may give directions relating to the parties: (a) to whom a summons under rule 63.36 shall be addressed; and (b) who should attend or be represented on a taxation. (2) The Taxing Master may disallow the costs of attendance on a taxation of a party whose attendance is unnecessary. (3) Notwithstanding subrules (1) and (2), a party interested may attend a taxation before the Taxing Master. 63.49 Reference to Judge The Taxing Master may refer to a Judge for directions a question arising on a taxation. 63.50 Notice to person interested in fund (1) Where costs are payable out of a fund, the Taxing Master may: (a) adjourn the taxation to a specified day; and (b) order that the party to whom the costs are payable serve on a person interested in the fund, without charge to that person, a copy of the whole or a part of the bill and a notice in accordance with subrule (2). (2) A notice under subrule (1)(b) shall state: (a) that the costs are payable out of the fund, identifying it, and that the bill is being taxed; (b) the day to which the taxation is adjourned; and (c) such other information as the Taxing Master directs. (3) Unless the Taxing Master otherwise orders, service referred to in subrule (1)(b) shall be personal. 63.51 Application by person liable to pay (1) Where a party who is entitled to costs and to have the costs taxed under this Part does not apply to have them taxed within 30 days after service on him of a request in writing to do so by a party liable for the costs, the Taxing Master may order that the party entitled file and serve a summons under rule 63.36 and the Taxing Master may fix a time for compliance. Supreme Court Rules 1987 243 (2) Where a party in respect of whom an order is made under subrule (1) fails to comply with the order, the Taxing Master may: (a) disallow the costs of the party or allow a nominal or other amount for costs; or (b) order him to pay the costs of any other party occasioned by the failure to comply with the order. 63.52 Solicitor at fault (a) a party fails to apply to have costs taxed within a time fixed under rule 63.51(1) and the failure is occasioned by the neglect or delay of his solicitor; or (b) in a proceeding before the Taxing Master the solicitor for a party: (i) is guilty of neglect or delay; or (ii) causes any other party unnecessary expense. (2) In a case to which this rule applies the Taxing Master may: (a) order the solicitor to pay costs to a party in respect of the proceeding before the Taxing Master; or (b) refuse to allow the fees to which the solicitor would otherwise be entitled for or incidental to taxing the bill. 63.53 Cross costs (1) Where a party entitled to be paid costs is also liable to pay costs, the Taxing Master may: (a) tax the costs which the party is liable to pay and set off the amount allowed against the amount the party is entitled to be paid and, by order, state the amount of the balance and the parties by whom and to whom the balance is payable; or (b) decline to make an order as to the costs which the party is entitled to be paid until the party has paid or tendered the amount he is liable to pay. (2) Costs may be set off under paragraph (1)(a) notwithstanding that a solicitor for a party has a lien for costs in the proceeding. Supreme Court Rules 1987 244 63.54 Order on taxation (1) Where the Taxing Master taxes a bill, otherwise fixes or assesses an amount for costs, or makes an order under or in pursuance of rules 63.51(2) or 63.52(2), he shall state the result in the form of an (2) The Taxing Master may, after the conclusion of the taxation of a bill, make a final order in respect of the amount at which he allows the costs or of his disallowance of the costs. (3) In the course of the taxation, the Taxing Master may make separate and interim orders in respect of any item in a bill. (4) Where, after an application has been made under rule 63.36 and a bill filed, the parties agree to the amount of costs payable under the bill, the Taxing Master may make an order for payment of those costs by consent. (5) An order under this rule shall be authenticated and filed in accordance with Order 60. (6) The Taxing Master may at any time correct a clerical mistake in an order made under this rule. (7) In subrules (5) and (6) order means a final or interim order. 63.55 Objection, reconsideration and review (1) Where a Taxing Master decides to allow or disallow, wholly or in part, an item in a bill or to allow some amount in respect of an item, a party to the taxation proceeding who objects to the decision may apply to have the Taxing Master reconsider the decision. (2) An application under subrule (1) shall be made by written notice to the Taxing Master. (3) The notice must be filed within 14 days after the date of the order on taxation that contains the decision. (4) The applicant shall file with or subscribe to a notice under subrule (2) a statement of his objections. (5) A statement of objections referred to in subrule (4) shall specify, by a list, the items as to which the applicant objects to the decision of the Taxing Master and shall state briefly but specifically the nature and grounds of each objection. Supreme Court Rules 1987 245 (6) An applicant under subrule (1) shall, on the date of filing the notice and statement of objections, serve a copy of the notice and statement on each party interested. (7) A party on whom a copy of the notice and statement is served under subrule (6) may, within 14 days after the service of the copy on him or such longer period as is fixed by the Taxing Master, deliver to the Taxing Master answers in writing to the objections stating concisely the grounds on which the party will oppose the objections and shall, at the same time serve a copy of the answers on the party applying for reconsideration and on each other interested party. (8) On a notice and statement of objections being filed under this rule, the Taxing Master shall reconsider the decision to which objection is made and, subject to subrule (14), give to the parties his written reasons for his decision on reconsideration. (9) On a reconsideration under subrule (8), a party shall not, unless the Taxing Master otherwise directs, raise a ground of objection not stated in a statement of objections. (10) On the Taxing Master giving written reasons in accordance with subrule (8), he shall be deemed to have made an order under rule 63.54. (11) Where a party interested objects to an order of the Taxing Master made following a reconsideration allowing or disallowing, wholly or in part, an item in a bill or allowing an amount in respect of an item, the Court may, on the application of that party, review the order of the Taxing Master. (12) An application under subrule (11) shall be made by Notice to Review. (13) An application under subrule (11), shall be made to a Judge. (14) A Judge may at any time, by order, dispense with the need for a Taxing Master to give reasons under subrule (8) and may give directions as to the conduct of the review. (15) A Notice to Review referred to in subrule (12) shall state, by a list, each item in the bill in respect of which the party objects to the order of the Taxing Master and shall also state specifically and concisely the grounds of objection to that order and the order sought in its place. Supreme Court Rules 1987 246 (16) A Notice to Review referred to in subrule (12) shall be filed, a copy lodged with the Taxing Master and a copy served on each party interested, within 14 days after the order of the Taxing Master is made following the relevant reconsideration. (17) On a review under subrule (11), the Court may: (a) exercise all the powers and discretions of the Taxing Master in respect of the subject-matter of the review; (b) set aside or vary the order of the Taxing Master; (c) remit an item in the bill to the Taxing Master; or (d) make such other order as it thinks fit. (18) Except so far as a Judge or the Taxing Master otherwise orders, a review under this rule does not operate as a stay of execution or of proceedings under the order of the Taxing Master to which the review relates. 63.56 Application This Part applies where: (a) costs are payable to a solicitor by his client, whether or not in respect of a proceeding in the Court, and by or under an Act, these Rules or an order of the Court or an agreement between the solicitor and the client the costs are required or permitted to be taxed in the Court; or (b) a person not the client of a solicitor is liable to pay or, having been so liable, has paid costs which are or were chargeable by the solicitor to the client, whether or not in respect of a proceeding in the Court, and by or under an Act, these Rules or an order of the Court or an agreement between the person and the client the costs are required or permitted to be taxed in the Court, but applies to the extent only that it does not conflict with Part 3.3 of the Legal Profession Act 2006 or any other law in force in the Territory. 63.57 Basis of taxation of costs payable by client (1) Costs to which this Part applies payable to a solicitor by his client shall, subject to any Act, an order of the Court or an agreement Supreme Court Rules 1987 247 between the solicitor and the client, be taxed on a solicitor and client basis. (2) The solicitor and client basis of taxation is as provided by rule 63.59. 63.58 Basis of taxation of costs payable otherwise than by client Costs to which this Part applies payable to a solicitor by a person other than the client shall, subject to any Act, an order of the Court or an agreement between that person and the client, be taxed on the standard basis. 63.59 Costs payable to solicitor by his own client (1) This rule applies to a taxation of a solicitor's bill to his client. (2) On a taxation to which this rule applies costs shall be taxed on the indemnity basis but shall be presumed: (a) to have been reasonably incurred if they were incurred with the express or implied approval of the client; (b) to have been reasonable in amount if the amount was expressly or impliedly approved by the client; and (c) to have been unreasonably incurred if in the circumstances of the case they are of an unusual nature, unless the solicitor satisfies the Taxing Master that before the costs were incurred, the solicitor informed his client that they might not be allowed on a taxation on the standard basis. (3) A taxation to which this rule applies shall be carried out only by the 63.60 Contentious business (1) This rule applies to the taxation of the costs payable to a solicitor by his client for work done in a contentious matter where at the time the work was completed no proceeding had been commenced by or against the client in respect of the matter in a court or before a tribunal. (2) Costs for work in a matter to which this rule applies shall be allowed in accordance with the scale of costs of the court or tribunal in or before which, in the opinion of the Taxing Master, it would be appropriate to commence a proceeding in respect of the matter or, if that court or tribunal has no scale of costs, in accordance with the Supreme Court Rules 1987 248 63.60.1 Costs in grant of probate or administration (1) Costs allowable to a solicitor for professional services rendered in connection with obtaining a grant of probate or administration of an estate of a deceased person shall be calculated in accordance with the relevant scale in these Rules. (2) In addition to the costs a solicitor is entitled to receive under subrule (1), the solicitor may recover such reasonable disbursements as are incurred by him in obtaining the grant. (3) Where an executor or administrator seeks the payment of commission to him in respect of the administration of the estate, such costs and disbursements as have been paid or are payable by him to his solicitor in relation to obtaining the grant, or to any matter in connection with the estate, shall be taxed by the Taxing Master in accordance with rule 63.59 or 63.60, as the case requires. (4) All costs and fees allowable in accordance with these Rules shall be paid out of the estate. (5) Where a bill of costs is taxed under these Rules and the amount of the bill (exclusive of the costs of submitting it to taxation) and all amounts referred to in subrule (2) do not, after taxation, equal or exceed the amount which would otherwise have been allowed under subrule (1), the costs of submitting the bill for taxation shall be paid by the solicitor. 63.61 Procedure on taxation (1) Subject to rules 63.62 to 63.72 inclusive and to any Act or an order of the Court, costs under this Part shall be taxed as provided by