Supreme Court (Costs Court Amendments) Rules 2009

i Supreme Court (Costs Court Amendments) Rules 2009 S.R. No. 97/2009 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Definitions 2 6 How documents filed 2 7 Seal of Court 2 8 Form and filing of summons 3 9 Reference to mediator 3 10 Mediation by Associate Judge 4 11 New Rule 50.07.2 4 50.07.2 Mediation by Costs Registrars 4 12 Definitions and application 5 13 Time for costs order and payment 5 14 Rules 63.05 and 63.06 substituted 6 63.05 By whom costs to be taxed 6 63.06 Officers of Court to assist each other 6 15 Rule 63.08 substituted 6 63.08 Default judgment 6 16 Costs in other court or tribunal 7 17 Rule 63.11 substituted 7 63.11 Enforcement of order of Costs Court 7 18 Costs reserved and evidence transcript costs 7 19 Costs liability of lawyer 8 20 Indemnity basis and general basis and charges of solicitor 8 21 Part 4 of Order 63 substituted 8 PART 4—COSTS COURT 8 63.35 Powers of Costs Court 8 63.36 Costs of taxation 8 22 Application of Part 5 of Order 63 9 23 Rule 63.38 substituted 9 63.38 Summons for taxation 9 24 Filing and service of bill 10 25 Disbursement or fee not paid 10 -- 1 of 26 -- Rule Page ii 26 Amendment of bill and agreement as to part of bill 10 27 Objection to bill 10 28 Discretionary costs 10 29 Taxation where no objection 11 30 Attendance of parties 11 31 Reference to Judge of the Court 11 32 Miscellaneous references to Taxing Master amended 11 33 Rules 63.55 to 63.57 substituted 11 63.55 Cross costs 11 63.56 Order on taxation 12 63.56.1 Review 13 63.57 Review by Judge of the Court 14 34 Further references to Taxing Master amended 16 35 Rule 63.72 substituted 17 63.72 Increased allowance 17 36 References to Taxing Master amended 17 37 New Part 8 of Order 63 18 PART 8—ALTERNATIVE ASSESSMENT PROCEDURE 18 63.86 Application of this Part 18 63.87 Notice of estimate and filing of bill 18 63.88 Estimate 19 63.89 Withdrawal of objection 19 38 Form 63A amended 20 39 Appendices A and B amended 20 40 Statute law revision 21 41 Consequential amendments to Chapter V 21 ═══════════════ ENDNOTES 24 -- 2 of 26 -- 1 STATUTORY RULES 2009 S.R. No. 97/2009 Supreme Court Act 1986 Supreme Court (Costs Court Amendments) Rules 2009 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend the Rules of the Supreme Court as a consequence of the establishment of the Costs Court by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers. 3 Commencement These Rules come into operation on the day that Part 2 of the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008 comes into operation. 4 Principal Rules In these Rules, the Supreme Court (General Civil Procedure) Rules 2005 1 are called the Principal Rules. -- 3 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 2 5 Definitions In Rule 1.13(2) of the Principal Rules— (a) in paragraph (b) for "Judge." substitute "Judge;" (b) after paragraph (b) insert— "(c) a reference to the Costs Court is a reference to— (i) the Costs Court constituted by a Costs Judge; and (ii) the exercise of a power of the Costs Court by a Costs Registrar or a Deputy Costs Registrar.". 6 How documents filed In Rule 28.01(2) of the Principal Rules for "Associate Judge who is the Taxing Master" substitute "Costs Court". 7 Seal of Court In Rule 28.04(1) of the Principal Rules— (a) for "the Associate Judge who is the Taxing Master" (where first occurring) substitute "an Associate Judge who is a Costs Judge"; (b) for "and any Registrar of a list" substitute ", any Registrar of a list, any Costs Registrar and any Deputy Costs Registrar"; (c) for paragraph (b) substitute— '(b) an Associate Judge who is a Costs Judge, the words "Costs Judge";'; (d) in paragraph (g) for "the list." substitute "the list;"; r. 5 -- 4 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 3 (e) after paragraph (g) insert— '(h) a Costs Registrar, the words "Costs Registrar"; (i) a Deputy Costs Registrar, the words "Deputy Costs Registrar".'. 8 Form and filing of summons (1) In Rule 46.04(2) of the Principal Rules— (a) in paragraph (a) after "the Court," insert "or the Costs Court,"; (b) in paragraph (b) after "Associate Judge," insert "other than an Associate Judge who is a Costs Judge,". (2) At the foot of Rule 46.04(2) of the Principal Rules insert— "Note See also Rules 28.01 and 63.38(1).". 9 Reference to mediator (1) After Rule 50.07(2) of the Principal Rules insert— "(2.1) At any stage of a proceeding in the Costs Court, a Costs Judge or a Costs Registrar may, with or without the consent of any party, order that the proceeding or any part of the proceeding be referred to a mediator. (2.2) Unless the Costs Court otherwise orders, an order for reference to mediation shall not operate as a stay of the proceeding.". (2) In Rule 50.07 of the Principal Rules— (a) in paragraph (3) after "paragraph (1)" insert "or paragraph (2.1)"; (b) in paragraph (4) after "Court" insert "or the Costs Court, as the case requires,"; r. 8 -- 5 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 4 (c) in paragraph (5) after "Court" insert "or the Costs Court, as the case requires,"; (d) in paragraph (8) after "Court" insert "or the Costs Court, as the case requires,". (3) In Rule 50.07(9) of the Principal Rules after "Court" insert "or the Costs Court, as the case requires,". (4) In Rule 50.07(10) of the Principal Rules after "Rule 50.07.1" insert "or a Costs Registrar under Rule 50.07.2". 10 Mediation by Associate Judge In Rule 50.07.1(1) of the Principal Rules for "by the Associate Judge" substitute "by an Associate Judge". 11 New Rule 50.07.2 After Rule 50.07.1 of the Principal Rules insert— "50.07.2 Mediation by Costs Registrars (1) Without limiting Rule 50.07(2.1), at any stage of a proceeding in the Costs Court, a Costs Registrar may, with or without the consent of any party— (a) of his or her own motion; or (b) on the reference of a Costs Judge— order that the proceeding or any part of the proceeding be mediated by a Costs Registrar. (2) If a Costs Registrar undertakes a mediation, the Costs Registrar may give any direction with respect to the conduct of the mediation as the Costs Registrar thinks fit. (3) Except so far as the Costs Registrar otherwise orders, an order for mediation under this Rule shall not operate as a stay of the proceeding. r. 10 -- 6 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 5 (4) Except as all the parties who attend the mediation in writing agree, no evidence shall be admitted of anything said or done by any person at the mediation. (5) An agreement referred to in paragraph (4) may be made at the mediation or later.". 12 Definitions and application (1) In Rule 63.01(1) of the Principal Rules— (a) insert the following definition— "taxation or taxation of costs means the assessment, settling, taxation or review of costs;"; (b) in the definition of party, in paragraph (b) after "in the Court" insert "or the Costs Court". (2) In Rule 63.01 of the Principal Rules— (a) for paragraph (2)(a) substitute— "(a) references to a Costs Judge or an Associate Judge who is a Costs Judge include references to another officer of the Court conducting a taxation of costs under this Order;"; (b) in paragraph (3)(b) after "in the Court" insert "or the Costs Court". 13 Time for costs order and payment After Rule 63.03(2) of the Principal Rules substitute— "(2.1) Costs which a party is required to pay under an order of the Costs Court shall, unless the Costs Court otherwise orders, be paid forthwith.". r. 12 -- 7 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 6 14 Rules 63.05 and 63.06 substituted For Rules 63.05 and 63.06 of the Principal Rules substitute— "63.05 By whom costs to be taxed Unless the Court otherwise orders, costs taxed in accordance with this Order shall be taxed— (a) in the Costs Court by a Costs Judge; or (b) if a Costs Judge so directs, by a Costs Registrar, a Deputy Costs Registrar, the Prothonotary or a Deputy Prothonotary, as the case requires. 63.06 Officers of Court to assist each other A Costs Judge, a Costs Registrar, a Deputy Costs Registrar, the Prothonotary and a Deputy Prothonotary— (a) shall assist each other in the taxation of costs under these Rules; and (b) subject to Rule 63.05, may tax or assist in the taxation of a bill which has been referred by another of them for taxation.". 15 Rule 63.08 substituted For Rule 63.08 of the Principal Rules substitute— "63.08 Default judgment (1) 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 fixed by a Costs Registrar, a Deputy Costs Registrar or the Prothonotary in accordance with the scale in Appendix A. r. 14 -- 8 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 7 (2) Where costs are fixed under paragraph (1), the party by whom or the party to whom the costs are payable may appeal to the Costs Court constituted by a Costs Judge in respect of the amount so fixed on the ground that the Costs Registrar, Deputy Costs Registrar or the Prothonotary, as the case requires, did not fix the proper amount. (3) Rule 77.06, with any necessary modification, applies to an appeal under paragraph (2).". 16 Costs in other court or tribunal In Rule 63.09(b) of the Principal Rules, after "in the" insert "Costs". 17 Rule 63.11 substituted For Rule 63.11 of the Principal Rules substitute— "63.11 Enforcement of order of Costs Court (1) If costs are taxed otherwise than under a judgment or order for costs, an order of the Costs Court for payment of any amount found to be due may be enforced in the same manner as a judgment for the payment of money. (2) Paragraph (1) applies to an interim order for payment of any item in a bill of costs made under Rule 63.56.". 18 Costs reserved and evidence transcript costs (1) In Rule 63.22(1) of the Principal Rules for "Taxing Master" substitute "Costs Court". (2) In Rule 63.22.1 of the Principal Rules for "Taxing Master" substitute "Costs Court". r. 16 -- 9 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 8 19 Costs liability of lawyer In Rule 63.23(4) of the Principal Rules for "the Taxing Master" substitute "a Costs Judge". 20 Indemnity basis and general basis and charges of solicitor (1) In Rule 63.30.1(2) of the Principal Rules for "Taxing Master" substitute "Costs Court". (2) In Rule 63.31 of the Principal Rules after "Court" insert ", including the Costs Court,". (3) In Rule 63.34(4) of the Principal Rules for "Taxing Master" substitute "Costs Court". 21 Part 4 of Order 63 substituted For Part 4 of Order 63 of the Principal Rules substitute— 'PART 4—COSTS COURT 63.35 Powers of Costs Court On a taxation of costs under this Order, in addition to any powers conferred by any Act, the Costs Court has the same powers which an Associate Judge has on the hearing of an application in a proceeding. 63.36 Costs of taxation (1) Costs to be taxed under these Rules shall include the costs of the taxation. (2) Costs to be taxed under a judgment or order shall, unless the judgment or order otherwise provides, include the costs of the taxation. r. 19 -- 10 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 9 (3) After service of a summons under Rule 63.38 for the taxation of costs— (a) the party entitled to costs and the party liable for them may serve on one another an offer of compromise in respect of the amount of the costs to be taxed; and (b) Order 26, with any necessary modification, shall apply as if in Rule 26.03(3) and (4) "seven days" were substituted for "14 days" and as if the order of the Costs Court on the taxation were a verdict or judgment at trial. (4) Subject to this Rule and to any order of the Court, the Costs Court may make orders for the costs of a taxation. (5) Paragraphs (1) to (4) apply subject to any Act and to Rule 63.85.'. 22 Application of Part 5 of Order 63 In Rule 63.37(1)(b) of the Principal Rules after "the Court" insert ", including the Costs Court". 23 Rule 63.38 substituted For Rule 63.38 of the Principal Rules substitute— "63.38 Summons for taxation (1) An application to the Costs Court for costs to be taxed shall be made by summons filed with the Prothonotary. (2) If the taxation is made pursuant to an order or judgment, a copy of the order or judgment shall be filed with the summons. (3) The summons shall be in Form 63A. r. 22 -- 11 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 10 (4) Unless the Costs Court otherwise directs, the summons shall be served not less than 14 days before the day for hearing named in the summons. (5) Subject to paragraphs (1) to (4), Order 46, with any necessary modification, applies to the application. (6) This Rule applies whether the proceeding to which the application relates arose in the Court or in another court or tribunal.". 24 Filing and service of bill (1) In Rule 63.39(3) of the Principal Rules, for "Taxing Master" substitute "Costs Court". (2) In Rule 63.40 of the Principal Rules, for "Taxing Master" substitute "Costs Court". 25 Disbursement or fee not paid In Rule 63.43(2)(b) of the Principal Rules, for "Taxing Master" substitute "Costs Court". 26 Amendment of bill and agreement as to part of bill (1) In Rule 63.45 of the Principal Rules, for "Taxing Master" substitute "Costs Court". (2) In Rule 63.46(a) of the Principal Rules, for "Taxing Master" substitute "Costs Court". 27 Objection to bill In Rule 63.47(3) of the Principal Rules, for "Taxing Master" substitute "Costs Court". 28 Discretionary costs In Rule 63.48 of the Principal Rules, for "Taxing Master" (wherever occurring) substitute "Costs Court". r. 24 -- 12 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 11 29 Taxation where no objection In Rule 63.49 of the Principal Rules, for "Taxing Master" substitute "Costs Court". 30 Attendance of parties In Rule 63.50 of the Principal Rules, for "Taxing Master" (wherever occurring) substitute "Costs Court". 31 Reference to Judge of the Court In Rule 63.51 of the Principal Rules, for "Taxing Master" substitute "Costs Court". 32 Miscellaneous references to Taxing Master amended In the Principal Rules— (a) in Rule 63.52 for "Taxing Master" (wherever occurring) substitute "Costs Court"; (b) in Rule 63.53 for "Taxing Master" (wherever occurring) substitute "Costs Court"; (c) in Rule 63.54 for "Taxing Master" (wherever occurring) substitute "Costs Court". 33 Rules 63.55 to 63.57 substituted For Rules 63.55 to 63.57 of the Principal Rules substitute— "63.55 Cross costs (1) If a party entitled to be paid costs is also liable to pay costs, the Costs Court may— (a) tax the costs which that party is liable to pay and— (i) set off the amount allowed against the amount the party is entitled to be paid; and r. 29 -- 13 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 12 (ii) 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 that party has paid or tendered the amount the party 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. 63.56 Order on taxation (1) If the Costs Court taxes a bill or otherwise fixes or assesses an amount for costs, the result shall be stated in the form of an order. (2) The Costs Court may, after the conclusion of the taxation of any bill, make a final order with respect to the amount at which the Costs Court allows the costs or of the Costs Court's disallowance of the costs. (3) In the course of the taxation, the Costs Court may make separate and interim orders in respect of any item in a bill. (4) An order under this Rule shall be authenticated and filed in accordance with Order 60. (5) The Costs Court may at any time correct— (a) a clerical mistake in an order made under this Rule; or (b) an error arising in an order from any accidental slip or omission. (6) In paragraphs (4) and (5), order means final or interim order, as the case requires. r. 33 -- 14 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 13 63.56.1 Review (1) If any party interested objects to an order of the Costs Court constituted by a Costs Judge— (a) allowing or disallowing, wholly or in part, any item in a bill; or (b) allowing some amount in respect of any item— the Costs Court constituted by that Costs Judge, on the application of that party, may review the order. (2) If any party interested objects to an order of the Costs Court constituted by a Costs Registrar or a Deputy Costs Registrar— (a) allowing or disallowing, wholly or in part, any item in a bill; or (b) allowing some amount in respect of any item— the Costs Court constituted by a Costs Judge, on the application of that party, may review the order. (3) An application under paragraph (1) or (2) shall be made by notice. (4) The notice shall— (a) state by a list each item in the bill in respect of which the party objects to the order of the Costs Court constituted by a Costs Judge, a Costs Registrar or a Deputy Costs Registrar, as the case requires; and (b) state specifically and concisely the grounds of objection to that order and the order sought in its place. r. 33 -- 15 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 14 (5) Within 14 days after the making of the order which is the subject of review— (a) the notice under paragraph (3) shall be filed; (b) a copy of the notice shall be lodged with the Costs Court; and (c) a copy of the notice shall be served on each party interested. (6) Upon the application, the Costs Court constituted by a Costs Judge— (a) shall reconsider and review the taxation upon the objections stated in the notice; (b) shall make an order confirming, setting aside or varying the taxation or make such further or other order as may be necessary; and (c) may make any other order the case requires. (7) For the purposes of the review, the Costs Court constituted by a Costs Judge may receive further evidence in respect of any objection. (8) The Costs Court constituted by a Costs Judge may, and if required by any party within seven days after the order is made under paragraph (6) shall, give written reasons for the decision in respect of any item in the bill to which objection was taken in the notice. 63.57 Review by Judge of the Court (1) An order of the Costs Court under Rule 63.56.1(6) may be reviewed by a Judge of the Court. r. 33 -- 16 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 15 (2) If any party interested objects to an order of the Costs Court under Rule 63.56.1(6), a Judge of the Court, on the application of that party, may review the order if the Costs Court has given reasons under Rule 63.56.1(8). (3) An application under paragraph (2) shall be made by notice. (4) The notice shall— (a) state by a list each item in the bill in respect of which the party objects to the order of the Costs Court on the review; and (b) state specifically and concisely the grounds of objection to that order and the order sought in its place. (5) Within 14 days after the making of the order of the Costs Court or the giving of reasons, whichever is the later— (a) the notice under paragraph (3) shall be filed; (b) a copy of the notice shall be lodged with the Costs Court; and (c) a copy of the notice shall be served on each party interested. (6) On the review, unless the Judge of the Court otherwise orders— (a) further evidence shall not be received; (b) the party giving notice shall not raise any ground of objection not stated in the notice. r. 33 -- 17 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 16 (7) On the review, the Judge of the Court may— (a) exercise all the powers and discretions of the Costs Court with respect to the subject matter of the review; (b) confirm, set aside or vary the order of the Costs Court or make such further or other order as may be necessary; (c) remit any item in the bill to the Costs Court; (d) make any other order the case requires. (8) Except so far as a Judge of the Court or a Costs Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the order of the Costs Court to which the review relates.". 34 Further references to Taxing Master amended In the Principal Rules— (a) in Rule 63.62(2) for "Taxing Master" substitute "Costs Court"; (b) in Rule 63.63(2) for "Taxing Master" substitute "Costs Court"; (c) in Rule 63.64 for "Taxing Master" (wherever occurring) substitute "Costs Court"; (d) in Rule 63.65 for "Taxing Master" (wherever occurring) substitute "Costs Court"; (e) in Rule 63.67 for "Taxing Master" (wherever occurring) substitute "Costs Court"; r. 34 -- 18 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 17 (f) in Rule 63.70 for "Taxing Master" (wherever occurring) substitute "Costs Court"; (g) in Rule 63.71 for "Taxing Master" (wherever occurring) substitute "Costs Court". 35 Rule 63.72 substituted For Rule 63.72 of the Principal Rules substitute— "63.72 Increased allowance The Costs Court may increase the amount or value of any allowance or expense in Appendix A or Appendix B as the Costs Court thinks fit.". 36 References to Taxing Master amended In the Principal Rules— (a) in Rule 63.76 for "Taxing Master" substitute "Costs Court"; (b) in Rule 63.82(1)— (i) for "Taxing Master who" substitute "Costs Court which"; (ii) in paragraph (d) for "Taxing Master" substitute "Costs Court"; (c) in Rule 63.82(2) and (3) for "Taxing Master" (wherever occurring) substitute "Costs Court"; (d) in Rule 63.84(2) for "Taxing Master" substitute "Costs Court"; (e) in Rule 63.85(2) for "Taxing Master" substitute "Costs Court". r. 35 -- 19 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 18 37 New Part 8 of Order 63 At the end of Part 7 of Order 63 of the Principal Rules insert— "PART 8—ALTERNATIVE ASSESSMENT PROCEDURE 63.86 Application of this Part (1) Notwithstanding anything in this Order, the Costs Court, at any time, may— (a) determine to proceed under this Part; and (b) require the party who filed the bill to file any documents in the possession, control or power of that party. (2) If the Costs Court determines to proceed under this Part, the bill shall be assessed in accordance with Rule 63.88. 63.87 Notice of estimate and filing of bill If a bill is to be assessed in accordance with Rule 63.88— (a) the Costs Court shall— (i) notify the party filing the bill in writing of the date when the Costs Court is to make an estimate; and (ii) return copies of the bill to the party filing the bill; and (b) the party filing the bill shall notify each other party of the date when the Costs Court is to make the estimate at least seven days before that date. r. 37 -- 20 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 19 63.88 Estimate (1) The Costs Court, in the absence of the parties and without making any determination on the individual items in the bill, may make an estimate of the approximate total for which, if the bill were to be taxed, an order on taxation under Rule 63.56 would be likely to be made. (2) The Costs Court shall notify in writing each party of an estimate made under paragraph (1). (3) Within 21 days after the date of the issue of a notice under paragraph (2), a party may file and serve on each other party a notice of objection to the estimate. (4) If no notice of objection is filed under paragraph (3), the Costs Court may make an order on taxation under Rule 63.56 for the amount of the estimate. (5) If an order on taxation has been made under paragraph (4), a party that did not receive a notice under paragraph (2) within sufficient time to file a notice of objection may apply to the Costs Court for an order to set aside the order on taxation. 63.89 Withdrawal of objection If a party that files a notice of objection withdraws the notice of objection before the taxation is completed under this Part— (a) the amount of the estimate of costs is the amount for which an order on taxation may be made; and r. 37 -- 21 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 20 (b) the party that filed the notice of objection shall bear the costs of taxation of all parties from the date of service of the notice of objection to the date of notification of the withdrawal.". 38 Form 63A amended In Form 63A of the Principal Rules, for "Taxing Master, Court No. , Supreme Court, 436 Lonsdale Street, Melbourne" substitute "Costs Court [insert address]". 39 Appendices A and B amended (1) In Appendix A to the Principal Rules— (a) in items 8, 9 and 11A for "Taxing Master" substitute "Costs Court"; (b) in item 19— (i) for "Taxing Master" (wherever occurring) substitute "Costs Court"; (ii) for "he or she" substitute "the Costs Court"; (c) in item 24 for "Taxing Master" (wherever occurring) substitute "Costs Court"; (d) in item 26— (i) for "Taxing Master shall allow such smaller amount as he or she" substitute "Costs Court shall allow such smaller amount as it"; (ii) for "Taxing Master considers" substitute "Costs Court considers"; (e) in item 29— (i) for "Taxing Master" (wherever occurring) substitute "Costs Court"; r. 38 -- 22 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 21 (ii) for "he or she thinks" (wherever twice occurring) substitute "the Costs Court considers"; (f) in item 33 for "Taxing Master thinks" (wherever occurring) substitute "Costs Court considers"; (g) in item 34 for "the Taxing Master" substitute "the Costs Court"; (h) in item 35(c) for "the Taxing Master" substitute "the Costs Court"; (i) in item 36 for "Taxing Master" substitute "Costs Court"; (j) in item 38— (i) for "Taxing Master" substitute "Costs Court"; (ii) for "he or she thinks" substitute "the Costs Court considers"; (k) in items 40, 41, 46 and 48 for "Taxing Master" (wherever occurring) substitute "Costs Court". (2) In Appendix B to the Principal Rules for "Taxing Master" (wherever occurring) substitute "Costs Court". 40 Statute law revision In Rule 63.26 of the Principal Rules, for "shall, be" substitute "shall be". 41 Consequential amendments to Chapter V In the Supreme Court (Corporations) Rules 2003 2 — (a) in Rule 17.3 for "Taxing Master" (where twice occurring) substitute "Costs Court"; r. 40 -- 23 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 22 (b) in Rule 17.4 for "Taxing Master" substitute "Costs Court"; (c) in Rule 17.7(5) for "Taxing Master" substitute "Costs Court". Dated: 27 August 2009 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. MARK WEINBERG, J.A. PHILIP MANDIE, J.A. BERNARD D. BONGIORNO, J.A. P. D. CUMMINS, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. STEPHEN KAYE, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. BETTY JUNE KING, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. ROSS ROBSON, J. r. 41 -- 24 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 23 JACK FORREST, J. LEX LASRY, J. JAMES JUDD, J. PETER VICKERY, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. ═══════════════ r. 41 -- 25 of 26 -- S.R. No. 97/2009 Supreme Court (Costs Court Amendments) Rules 2009 24 ENDNOTES 1 Rule 4: S.R. No. 148/2005. Reprint No. 1 as at 3 September 2007. Reprinted to S.R. No. 91/2007 and subsequently amended by S.R. Nos 128/2007, 32/2008, 100/2008, 149/2008, 151/2008, 30/2009 and 44/2009. 2 Rule 41: S.R. No. 107/2003. Reprint No. 1 as at 17 December 2008. Reprinted to S.R. No. 117/2008 and subsequently amended by S.R. Nos 43/2009 and 44/2009. Endnotes -- 26 of 26 --