FAIR WORK REGULATIONS 2009 - REG 3.08 Schedule of costs

FAIR WORK REGULATIONS 2009 - REG 3.08

  (1)   For subsection   403(1) of the Act, the schedule of costs set out in Schedule   3.1 is prescribed.

Note 1:   Under subsection   403(2) of the Act, in awarding costs, the FWC is not limited to the items of expenditure mentioned in Schedule   3.1. However, if an item of expenditure is mentioned in Schedule   3.1, the FWC must not award costs for that item at a rate or of an amount in excess of the rate or amount mentioned in Schedule   3.1 for that item.

Note 2:   An application for an order for costs must be made in accordance with the procedural rules.

  (2)   The FWC may allow the costs of briefing more than one counsel only if the FWC certifies that the attendance is necessary.

Note:   It is likely that certification under subregulation   (2) would occur only in relation to a very large or complex case.

  (3)   If the FWC considers it appropriate, a charge in Schedule   3.1 that is applicable to a solicitor is applicable to a person who:

  (a)   is not a solicitor; but

  (b)   is mentioned in section   596 of the Act.

Note:   Section   596 of the Act sets out who may represent a party to a proceeding before the FWC.

  (4)   A bill of costs must identify, by an item number, each cost and disbursement claimed.

  (5)   In exercising its discretion under item   1002 of Schedule   3.1, the FWC must have regard to commercial rates for copying and binding, and is not obliged to apply the photographic or machine - made copy costs otherwise allowable in the Schedule.

  (6)   In Schedule   3.1:

"folio" means 72 words.

Note:   There are generally 3 folios to a page.