South Africa: Rules and Practice Notes of Superior Courts

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[2021] ZARC 1
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Notice to Attorneys - In re: Taxation of Bills of Costs where a matter is settled Inter Partes [2021] ZARC 1 (4 January 2021)
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OFFICE OF THE JUDGE PRESIDENT
GAUTENG DIVISION OF THE HIGH COURT OF SOUTH AFRICA
P O Box 442, PRETORIA 0001 - Tel 012- 314-9003 - Fax 012-326-4940
Palace of Justice, Church Square, Room 13, First Floor, Pretoria
Private Bag X7, JOHANNESBURG 2001 - Tel 011- 335-0479 - Fax 086-207-1291
c/o Pritchard and Von Brandis Streets, Room 510, Fifth Floor, Johannesburg E-mail: NWalkinshaw@judiciary.org.za
To:
1. Legal Practice Council – Gauteng
2. Law Society of South Africa
3. Gauteng Family Law Forum
4. Gauteng Attorneys Association
5. Pretoria Attorneys Association
6. Johannesburg Attorneys Association
7. West Rand Attorneys Association
8. South African Black Women in Law
9. National Association of Democratic Lawyers
10. Black Lawyers Association
11. South African Women Lawyers Association
04 January 2021
12. Office of the Director of Public Prosecutions, Pretoria and Johannesburg
13. Office of the State Attorneys, Pretoria and Johannesburg
14. Office of the Family Advocate, Pretoria and Johannesburg
15. Legal Aid South Africa
Copy to: All Registrars of the Gauteng Division of the High Court, Pretoria and Johannesburg
NOTICE TO ATTORNEYS:-
IN RE: TAXATION OF BILLS OF COST WHERE A MATTER IS SETTLED INTER PARTES
1. In terms of Rule 70(3) of the Uniform Rules of Court, a Taxing Master may tax a bill of costs where a party has been awarded an Order for costs.
2. Under no circumstances may a Taxing Master tax costs without a Court Order.
3. A settlement agreement between parties must be enrolled in the Settlements Court and the agreement must be made an Order of Court before the taxation may be enrolled.
D MLAMBO
JUDGE PRESIDENT OF THE GAUTENG DIVISION OF THE HIGH COURT OF SOUTH AFRICA
Electronically submitted therefore unsigned