Commonwealth Numbered Regulations

1992 No. 40 HIGH COURT RULES (AMENDMENT) - SCHEDULE 2

SECOND SCHEDULE
COSTS
Item                                                              $

INSTRUCTIONS
1. To sue or defend, or to make or oppose an application
for special leave to appeal, or to appeal, or oppose an
appeal or to cross appeal, or for any other originating
    proceedings                                                128.80

  2.  To make or oppose any interlocutory application           57.10

3. For a special case, case stated or reservation of question
of law for the consideration of a Full Court, or for a
    statement of claim or a petition                           128.80

  4.  For any pleading (other than a statement of claim)       100.10

  5.  To amend any pleading                                     34.60

6. For a statement of facts or an agreed statement of facts
    in a matter                                                100.10

7. For interrogatories, answers to interrogatories, special
    affidavits or an affidavit (not being a formal affidavit)   77.10

  8.  For Counsel to advise                                     55.20

  9.  For a document not otherwise provided for                 21.90

10. For a brief for Counsel on a hearing or application in Court
     or in Chambers or brief notes for solicitor                71.60

NOTE: Instructions are not to be allowed where the work intended to be
included therein is charged for and allowed in detail. Instead of the above
costs for instructions, such larger sum may be claimed as is reasonable in all
the circumstances of the case, and is allowed on taxation at the discretion of
the Taxing Officer.
WRITS
11. Writ of Summons for the commencement of an action or other
     writ not specifically provided for                         59.70

  12.  Concurrent Writ of Summons                               21.50

  13.  Writ of Subpoena                                         31.20

14. If any of the above writs exceeds 3 folios, for each extra
     folio                                                       4.50

NOTE: These costs include all endorsements, and copies (for the officers
sealing them) and attendances to issue or seal, but not the Court fees.
SUMMONSES AND MOTIONS
15. Any Chamber Summons or motion, including preparation,
copies and attendance to issue, including attendance to fix
     return date                                                36.60

     -if more than 3 folios, for each extra folio                4.50

APPEARANCES AND NOTICES
16. Preparing and entering an appearance including
duplicate memorandum and Notice of Appearance
     for service                                                60.30

17. Any necessary or proper notice or memorandum not
     otherwise provided for, or any demand                      20.10

     -if more than 3 folios, for each extra folio                4.50

NOTE: This provision shall not apply to short notices or memoranda endorsed on
other documents but the words or folios therein may be allowed as part of the
documents so endorsed.
DRAWING
18. Drawing any pleading or affidavit not exceeding 5 folios 57.10
     -or, per folio                                              8.10

19. Drawing any other document where no other provision is made
     -per folio                                                  7.90

ENGROSSING
  20.  Marking each exhibit to an affidavit                      1.50

  21.  Engrossing any document - per folio                       2.90

COPIES
22. Of any document including carbon, photographic or machine
     made copy-per page                                          1.50

Except that where the allowance for 10 or more pages is claimed, in respect of
any document, the sum allowed for such copies shall be at the discretion of
the Taxing Officer.
PERUSAL AND EXAMINATION
23. Perusal of any document including special letter, telegram,
     telex or similar document                                  21.40

     -or, per folio                                              2.90

Except that where an allowance for 30 or more folios is claimed, in respect of
any document, the sum allowed for perusal shall be at the discretion of the
Taxing Officer.
24. Where it is not necessary to peruse a document, such as,
checking a proof print of, or examining an application or
appeal book
-per quarter hour
     -solicitor                                                 21.50

     -clerk                                                      7.10

CORRESPONDENCE
25. Short letter including a formal acknowledgment, making
     appointments, forwarding documents without comment         10.20

26. Ordinary letter (including letters between principal and
     agent)                                                     17.30

  27.  Circular letter (after the first) each                    5.70

28. Special letter or letter containing opinion and including
     letters of substance between principal and agent           28.60

or
Such sum as the Taxing Officer thinks reasonable in the
circumstances.
29. Telegram, facsimile copy, telex or other document by similar
transmitting process including attendance to dispatch (where
     necessary)                                                 28.60

or
Such sum as the Taxing Officer thinks reasonable in the
circumstances.
30. Receiving and filing any incoming special letter, facsimile,
     telegram or telex                                           1.50

NOTE: Postage and transmission fees may be claimed as a disbursement properly
incurred.
SERVICE
31. Personal service of any process or proceeding where
     necessary                                                 35.60

or
Such sum may be allowed as is reasonable having regard to time occupied,
distance travelled and other relevant circumstances.
32. When, in consequence of the distance of the party to be
served, it is proper to effect service through an agent,
instead of the allowance for service for:
    (a) Correspondence                                          31.70

    (b) Agent's charges.                                        60.30

and such disbursements as may reasonably be incurred.
33. Service of any document at the office of the address for
     service either by delivery or by post                      12.10

ATTENDANCES
34. An attendance which requires the attendance of a solicitor
     -per quarter hour                                          34.20

35. An attendance which is capable of being made by a clerk 21.40
     -or per quarter hour                                        5.50

36. Making an appointment or similar attendance by telephone 10.20
37. An attendance on counsel:
     -with brief or other papers                                21.80

     -to appoint a conference or consultation                    9.50

  38.  A conference or consultation with counsel                57.10

     -or, per half hour                                         43.00

  39.  On a summons or other application in Chambers            32.30

     -or, per half hour                                         57.10

40. In Court or in Chambers instructing counsel on any hearing
or application.
     -If a solicitor attends, per hour                         137.60

or
     -If a clerk attends, per hour                              57.20

41. On an application or appearance before a Registrar or
     a Taxing Officer                                           71.60

or
     Per hour                                                   85.90

NOTE: Instead of the above costs for attendances, such larger sum may be
claimed as is reasonable in all the circumstances of the case, and is allowed
on taxation at the discretion of the Taxing Officer.
  42.  To hear Judgment                                         37.40

43. When in the opinion of the Taxing Officer it is necessary for
two solicitors, or a solicitor and a clerk to attend on a
hearing, such additional allowance as the Taxing Officer
     thinks reasonable shall be made not exceeding per day     287.50

44. Where the Taxing Officer is satisfied that a solicitor has
his or her principal place of practice in a place other than
that in which the Court is sitting, and it is necessary for
the solicitor to leave that place to attend in Court or in
Chambers at the hearing of an appeal, application, or cause,
an allowance (in addition to reasonable travelling expenses)
may be made for each day that the solicitor is necessarily
absent from his or her principal place of practice of such
amount that the Taxing Officer thinks reasonable having
regard to such other charges as the solicitor may be entitled
     to make in the matter. Not exceeding per day              642.30

  45.  An attendance for which no other provision is made       28.60

PREPARATION OF APPEAL AND APPLICATION BOOKS
46. Preparation of appeal and application books including
collating all necessary material, all necessary attendances
and general oversight of their preparation in cases where the
Registrar is satisfied it has been done efficiently.
-per hour:
     solicitor                                                  92.90

     clerk                                                      31.00

47. Where appeal or application books are prepared in a
solicitor's office, the Taxing Officer may in his or her
discretion allow such sum as he or she thinks just and
reasonable having regard to work and labour properly
performed and charged for material used. In exercising his
or her discretion the Taxing Officer shall 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 this scale.
GENERAL CARE AND CONDUCT
48. The Taxing Officer may, where the case or circumstances
warrant it, allow an amount to be claimed under this item, in
addition to any item which appears in this scale, for general
care and conduct. In exercising his or her discretion the
Taxing Officer may have regard to any matters which he or
she considers relevant including:

   (a)  the complexity of the matter and the difficulty and
novelty of the questions raised or any of them;

   (b)  the importance of the matter to the party and the
amount involved;

   (c)  the skill, labour, specialised knowledge and
responsibility involved therein on the part of the solicitor;

   (d)  the number and importance of the documents
prepared or perused without regard to length;

   (e)  the time expended by the solicitor;

   (f)  research and consideration of questions of law and fact.
WITNESSES EXPENSES
49. Witnesses called because of their professional, scientific
or other special skill or knowledge.
     per day                                                   523.00

50. Witnesses called, other than those covered in item 49.
     per day                                                    55.20

51. Witnesses remunerated in their occupation by wages, salary
or fees, the amount lost by attendance at Court.
52. Where the witness resides more than 50 kilometres from
the Court, such sum as the Taxing Officer thinks reasonable
for the actual cost of conveyance, together with a reasonable
amount for sustenance or maintenance.
53. The Taxing Officer may also allow such amount as he or she
thinks reasonable and properly incurred and paid to witnesses
for qualifying to give skilled evidence.
54. Notwithstanding anything in the scale, the Taxing Officer may
allow to an expert witness a special fee for attendance at
Court not covered by the foregoing paragraphs of this item
when the witness is acting as an expert in assisting counsel
or a solicitor for a period during the trial or hearing. The
scale in this item does not affect the existing practice of
allowing qualifying fees to witnesses.
DISBURSEMENTS
55. All Court fees, counsel's fees and other fees and payments
to, the extent to which they have been properly and
reasonably incurred and paid, shall be allowed.
56. The remuneration allowed to a solicitor shall be governed
by the foregoing scale but in special cases the Taxing
Officer may in his or her discretion allow such additional
charges or disbursements as he or she considers reasonable.