SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - TABLE OF PROVISIONS 1. Commencement 2. In these Rules, "Principal Rules" means the Supreme Court Rules. 3. Rule 2 of Order 3 of the Principal Rules is amended by omitting from paragraph (a) "$619" and substituting "$625". 4. Rule 3 of Order 3 of the Principal Rules is amended-- 5. Rule 7 of Order 65 of the Principal Rules is repealed and the following rule substituted: 6. Rule 41 of Order 65 of the Principal Rules is amended by omitting "$1.90" and substituting "$2". 7. Rule 42 of Order 65 of the Principal Rules is amended by omitting "$6.30" and substituting "$22.90". 8. Part 3 of the Principal Rules is repealed. 9. Schedule 4 to the Principal Rules is repealed and the following Schedule substituted: SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 1 Commencement 1. (1) These Rules, other than rule 8, commence on 1 January 1998. (2) Rule 8 commences on the day on which section 33 of the Juries (Amendment) Act 1997 commences. Principal Rules SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 2 2. In these Rules, "Principal Rules" means the Supreme Court Rules. Taxation of costs SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 3 3. Rule 2 of Order 3 of the Principal Rules is amended by omitting from paragraph (a) "$619" and substituting "$625". Taxation of costs--judgment in default of appearance SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 4 4. Rule 3 of Order 3 of the Principal Rules is amended-- (a) by inserting in paragraph (1) (a) "that is issued on or after 1 January 1998" after "application"; (b) by omitting from paragraphs (2) (a) and (b) "$684" and substituting "$697"; and (c) by adding at the end the following subrule: "(3) Rule 3 of this Order as in effect immediately before the commencement of this rule continues to apply in respect of an originating application issued before 1 January 1998.". Substitution SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 5 5. Rule 7 of Order 65 of the Principal Rules is repealed and the following rule substituted: Scales of costs "7. (1) Subrules (2) and (3) have effect subject to this Order and to any order of the Court. "(2) In respect of work done or services performed on or after 1 January 1998, a solicitor is entitled to charge and be allowed the costs set out in Schedule 4. "(3) Rule 7 of this Order as in effect immediately before the commencement of this rule continues to apply in respect of work done or services performed by a solicitor during the period commencing on 1 April 1993 and ending on 31 December 1997. "(4) Nothing in this rule affects the operation of section 190 or 191 of the Legal Practitioners Act 1970.". Rate of payment for copies of documents SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 6 6. Rule 41 of Order 65 of the Principal Rules is amended by omitting "$1.90" and substituting "$2". Tender of costs for perusing petition where notice that appearance not required SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 7 7. Rule 42 of Order 65 of the Principal Rules is amended by omitting "$6.30" and substituting "$22.90". Repeal SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 8 8. Part 3 of the Principal Rules is repealed. Schedule 4 SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - REG 9 9. Schedule 4 to the Principal Rules is repealed and the following Schedule substituted: SCHEDULE 4 0. 65 r. 7 COSTS Item No. Matter in respect of which charge is made Charge($) Instructions 1 To sue or defend 91.10 2 For statement of claim, petition, special case or counter-claim 91.10 or such additional amount as the taxing officer thinks fit 3 For defence 78.00 or such additional amount as the taxing officer thinks fit 4 For-- (a) reply; (b) amending a pleading; (c) a document to be brought into the Registrar's office, such as an account, deed, etc.; (d) adding parties by order; (e) a bond or any other deed; or (f) retaining counsel, including preparation of retainer 32.50 or such additional amount as the taxing officer thinks fit 5 For-- (a) a pleading not otherwise provided for; (b) interrogatories for the examination of a party or witness; (c) affidavit in answer to interrogatories or other special affidavit; (d) discovery, or affidavit of discovery; (e) an application for an order that a matter be heard before the Full Court; or (f) brief on application in Chambers 65.00 or such additional amount as the taxing officer thinks fit 6 For-- (a) an application whether in Court, before the Registrar or in Chambers; (b) opposition to an application; or (c) the taxing of a bill of costs 65.00 or such additional amount as the taxing officer thinks fit 7 For brief to advise on evidence 58.50 or such additional amount as the taxing officer thinks fit 8 For-- (a) a statement of facts in an action; (b) request for particulars; or (c) particulars 65.00 or such additional amount as the taxing officer thinks fit 9 For brief in preparation for trial such amount as the taxing officer thinks fit Drawing 10 For originating process or counter-claim 48.60 or if in excess of 7 folios--6.80 per folio 11 For any other pleading, or an amendment of a pleading 32.50 or if in excess of 4 folios--6.80 per folio 12 For-- (a) a notice of interlocutory motion; (b) a summons to attend at judge's chambers; (c) a notice to produce documents; (d) a notice to admit facts; (e) a special case; (f) interrogatories; (g) a special affidavit; or (h) a brief (including observations) 29.70 or (in each case), if in excess of 4 folios--6.80 per folio 13 A formal affidavit, including an affidavit of service 22.90 14 Any other document 12.90 or if in excess of 1 folio--7.60 per folio Engrossing 15 Of a document 2.00 per folio Copies 16 Of any document, or of multiple documents copied at the same time, where the copies are made on or after 1 January 1998-- (a) for each of the first 10 copies 1.75 per page (b) for each additional copy up to 100 copies; or 0.70 per page (c) for each additional copy in excess of 100 copies 0.25 per page Perusal 17 Of-- (a) originating process; (b) any pleading; (c) a summons or notice of motion; (d) interrogatories; (e) a special case; or (g) a notice to admit 22.90 or (in each case) if in excess of 8 folios--2.60 per folio 18 Of any other document, where it is necessary to peruse 2.60 per folio 18A Of any document, where it is not necessary to peruse 3.50 or, if the number of pages exceeds 10, such additional amount as the taxing master thinks fit Attendances 19 For personal service, where necessary 48.60 or such additional amount as the taxing officer thinks fit 20 For service-- (a) at the office of a solicitor on the record or the address for service of a party; (b) by post; or (c) effected through a document exchange 19.60 21 For attendance-- (a) to instruct Counsel; (b) on taxation of a bill of costs or other matter; (c) at conference with Counsel; (d) on a view; (e) on witness or other person; or (f) to inspect or produce a document, for each solicitor or clerk necessarily or properly engaged, where the attendance is-- (i) by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least 2 years; 130.00 per hour (ii) by any other solicitor; or 91.10 per hour (iii) by a clerk 45.50 per hour 22 For any other attendance in Court or any hearing without Counsel-- (a) by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least 2 years; or 195.00 per hour (b) by any other solicitor 136.50 per hour or such additional amount as the taxing officer thinks fit 23 For any attendance by a solicitor that involves a high degree of skill and responsibility 195.00 per hour 24 In Court or Chambers or before the Registrar-- (a) for the purpose of taking a reserved judgment; (b) to mention a matter; (c) for the purpose of adjournment; or (d) for any other reason 52.00 or 130.00 per hour 25 At the Registry or other office or place for-- (a) the purpose of filing, delivering, or bespeaking a document; or (b) a purpose not involving the exercise of legal skill or knowledge 16.20 or such additional amount as the taxing officer thinks fit. 26 Formal telephone attendance 16.20 27 Any other attendance by a solicitor (including travelling and waiting time and including a telephone attendance) 26.00 or 32.50 per quarter hour 28 Any other attendance by a clerk (including travelling and waiting time and including a telephone attendance) 16.20 or 11.25 per quarter hour 29 If the taxing officer is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that-- (a) a solicitor has been necessarily absent from the place where he or she carries on practice; or an allowance (in addition to reasonable travelling expenses) for each day (other than Saturdays and Sundays) that the solicitor is so absent of such amount as the taxing officer thinks reasonable, not exceeding 759.00 (b) a clerk has attended in place of the solicitor a similar daily allowance, not exceeding 195.00 Letters 30 Ordinary letter 16.20 or 7.90 per folio 31 Special letter 26.75 or 7.90 per folio 32 Formal letter of acknowledgment 10.90 33 Circular letters after the first 4.90 34 Facsimile copy or telex, including attendance to dispatch 25.60 or such fee as is reasonable in the circumstances 35 Receiving and filing any incoming letter (postage and transmission fees properly incurred may be claimed as a disbursement) 6.80 Witnesses' Expenses 36 In all cases To be at the same rates and subject to the same conditions as witnesses' expenses that are, from time to time, prescribed by the Justices of the High Court under section 86 of the Judiciary Act 1903 of the Commonwealth Disbursements 37 All court fees, counsel's fees and other fees and payments that, in the opinion of the taxing officer, have been properly incurred Allowed in full SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - NOTES NOTES Principal Rules 1. Reprinted as at 31 January 1997. See also Subordinate Laws Nos. 8, 9, 20, 30, 31, 33 and 38, 1997. Notification 2. Notified in the ACT Gazette on 13 January 1998. (c) Australian Capital Territory 2003 SUPREME COURT RULES (AMENDMENT) (NO. 43 OF 1997) - NOTES Australian Capital Territory We, Judges of the Supreme Court, make the following Rules of Court under section 36 of the Supreme Court Act 1933. Dated 15 December 1997. JEFFREY MILESChief Justice J F GALLOPJudge T J HIGGINSJudge K J CRISPINJudge A G TOWILLRegistrar