When is the deadline for notice of objection to items in a bill of costs?
The catalogue records a 3 days period from the time appointed for taxation of the bill (counted backwards). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 days
- Trigger
- the time appointed for taxation of the bill (counted backwards)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Rule 57.02.3 provides that without the leave of the Taxing Officer a party on whom a bill is served may not object to any item to which no notice of objection has been given in accordance with the Rules. Leave of the Taxing Officer is therefore the relieving mechanism. General enlargement power under r 4.02.
- SHORT PERIOD counted backwards. 'Not less than 3 days before' is a clear days formulation, and because the period is 5 days or less r 4.01.4 also excludes days on which the relevant Registry office is not open. Rollover is set to review because rolling forward would compress the notice. Consequence of failing to object: under r 57.02.4 the Taxing Officer may allow or disallow the amount of the costs in the bill in whole or in part where no objection is made in accordance with the Rules. Corrected on verification: this entry was encoded with count 'clear-days'; that is wrong for the High Court of Australia. High Court Rules 2004 (Cth) r 4.01.3 provides that where a time is 'to end on or to be calculated to a day or event the day or the day of the event shall be included', and r 4.01.1 makes Part 4 the exclusive method of calculation, so only the day the act is done is excluded (r 4.01.2). The count is therefore ordinary first-day-excluded counting with the target day included: the act must be done on or before the target day minus 3, not minus 4. Clear days is a CPR concept with no counterpart in these Rules. Source: High Court Rules 2004 (Cth) rr 4.01.1 to 4.01.3, Compilation No 30, compilation date 1 March 2026.