Practice Directions Back

Dated: 23 November 2012

To all parties concerned

RE: AMENDED TAXATION REQUIREMENTS

Kindly take note that the following amendments to the Labour & Labour Appeal Courts notice and requirements for taxation will come into effect as from the 01st of February 2013:-

1. REQUEST FOR TAXATION DATES

All practitioners and lay persons requesting dates for taxation must do so using the prescribed form PDF eFormannexed hereto as Annexure “A” so as to ensure the speedy and efficient allocation of dates. Forms will be available at the front desk, on the Labour Court Website and on request. All request forms should be hand delivered to the front desk alternatively forms may be faxed to 086 640 8015. Kindly also attach a draft bill of costs to the form so that a suitable time period may be allocated to the matter. Dates will no longer be issued telephonically. Kindly note that dates will only be issued after 13:45pm from Monday to Friday. Once a form is received a date will be allocated to the request within 24 – 48 hours, in writing and by despatched by fax.

2. NOTICE OF TAXATION & BILL OF COSTS

The notice of taxation must be served 10 (Ten) court days before the date of taxation on both the office of the taxing master and the opposing party/s and shall read as follows:

“Kindly take notice that the enclosed bill of costs will be presented for taxation before the taxing master Labour Court at Room 625 Johannesburg on (date) at (time).

Be pleased to take notice further that should you or your representative wish to oppose any items in the bill of costs attached hereto, you are required to serve a written notice of such objection/s no later than 5 (five) days before the date of taxation and that such notice of objection/s must contain the number of the item objected to and a brief summary of the objection/s to the items. If no notice of the objection/s is served, or served timeously you or your representative may not be allowed to raise any objection to any items in the bill of costs.”

It is strictly required that the notice of taxation must be served and filed with the Bill of Costs, Service affidavit where applicable, the disbursement vouchers, i.e. the advocates invoice/s sheriff’s invoice/s and all other applicable invoices, the Court order or in the case of attorney-own client bills, the fee agreement. 

Failure to adhere to this requirement shall result in the bill being removed from the taxation roll.

3. SERVICE OF NOTICE OF TAXATION & BILL OF COSTS

Where service is affected by facsimile, registered post or any other means apart from hand delivery, a service affidavit containing the original proof of service must accompany the Notice of taxation and be filed at the office of the taxing master 10 (Ten) days before the date of taxation. A fax transmission or registered postage slip is insufficient proof and the filing of these in the absence of a service affidavit will not be allowed and will result in the taxation being removed from the roll.

4. OPPOSING THE TAXATION

A party wishing to oppose the taxation is strictly required to serve and file a notice of intention to oppose such taxation. The notice must specifically set out the items which are being objected to as well as a brief summary of the objection to each item listed. Kindly note that where the taxing master takes objection to any item which is not  listed in the opposing party’s objections, the presenting party is strictly required to present the taxing master with sufficient proof and reasons as to why the item should be allowed.

5. PARTIES CONDUCT AT THE TAXATION

5.1 Kindly note that due to the fact that the Labour Court has no set jurisdiction, the rule relating to the inspection of documents has been omitted. For this reason, documents may be inspected at the taxation but only in instances where the parties have reasonably attempted to set up an inspection meeting before the taxation, but have failed due to reasons which should be provided at the taxation.

5.2 Parties presenting and opposing bills are required to carry themselves in a respectable manner at all times during the taxation. Due to the nature of taxations and the professional field within which taxations are held it is strictly required that parties address each other and the taxing master in a manner that is civilised and within the standard which has been placed on the legal profession, therefore there will be no toleration of the usage of vulgar language or conduct which is reasonably perceived as intimidating.

If there are any objections or suggestions to any of the requirements set out above kindly contact the taxing master of the Labour Court so as to attempt to resolve such objections.

Yours in service,

Kavita Ellaree
Taxing master
Labour & Labour Appeal Court

Downoad this as a PDF PDF: Amended Taxation Requirements