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1993 No. 32 HIGH COURT RULES (AMENDMENT) - RULE 2
2. Amendment
2.1 The High Court Rules are amended by omitting the Second Schedule and
substituting the following Schedule:
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 132.60
2. To make or oppose any interlocutory application 58.80
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 132.60
4. For any pleading (other than a statement of claim) 103.00
5. To amend any pleading 35.60
6. For a statement of facts or an agreed statement of
facts in a matter 103.00
7. For interrogatories, answers to interrogatories,
special affidavits or an affidavit (not being a formal
affidavit) 79.40
8. For Counsel to advise 56.80
9. For a document not otherwise provided for 22.50
10. For a brief for Counsel on a hearing or application
in Court or in Chambers or brief notes for solicitor 73.70
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 61.40
12. Concurrent Writ of Summons 22.10
13. Writ of Subpoena 32.10
14. If any of the above writs exceeds 3 folios, for each
extra folio 4.60
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 37.70
-if more than 3 folios, for each extra folio 4.60
APPEARANCES AND NOTICES
16. Preparing and entering an appearance including
duplicate memorandum and Notice of Appearance for
service 62.00
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.
17. Any necessary or proper notice or memorandum not
otherwise provided for, or any demand 20.70
-if more than 3 folios, for each extra folio 4.60
DRAWING
18. Drawing any pleading or affidavit not exceeding 5
folios 58.80
-or, per folio 8.30
19. Drawing any other document where no other provision
is made
-per folio 8.10
ENGROSSING
20. Marking each exhibit to an affidavit 1.50
21. Engrossing any document
-per folio 3.00
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 22.00
-or, per folio 3.00
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 22.10
-clerk 7.30
CORRESPONDENCE
25. Short letter including a formal acknowledgment, making
appointments, forwarding documents without comment 10.50
26. Ordinary letter (including letters between principal
and agent) 17.80
27. Circular letter (after the first) each 5.90
28. Special letter or letter containing opinion and
including letters of substance between principal and
agent 29.40
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) 29.40
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 36.60
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 32.60
(b) Agent's charges 62.10
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 12.50
ATTENDANCES
34. An attendance which requires the attendance of a solicitor
-per quarter hour 35.20
35. An attendance which is capable of being made by a clerk 22.00
-or per quarter hour 5.70
36. Making an appointment or similar attendance by telephone 10.50
37. An attendance on counsel:
-with brief or other papers 22.40
-to appoint a conference or consultation 9.80
38. A conference or consultation with counsel 58.80
-or, per half hour 44.30
39. On a summons or other application in Chambers 33.20
-or, per hour 58.80
40. In Court or in Chambers instructing counsel on any
hearing or application
If a solicitor attends, per hour 141.60
or
If a clerk attends, per hour 58.90
41. On an application or appearance before a Registrar 73.70
or a Taxing Officer
or
Per hour 88.40
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 38.50
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 295.90
44. Where the Taxing Officer is satisfied that a solicitor's
principal place of practice is 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 such 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 661.10
45. An attendance for which no other provision is made 29.40
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 95.60
-clerk 31.90
47. Where appeal or application books are prepared in a
solicitor's office, such sum may be allowed at the
discretion of the Taxing Officer having regard to work
and labour properly performed and the charge for
materials used, 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 the exercise of the discretion
the Taxing Officer may have regard to any matters considered
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 538.30
50. Witnesses called, other than those covered in item 49.
Per day 56.80
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 is
considered 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 such additional
charges or disbursements as considered reasonable may be
allowed in the Taxing Officer's discretion.
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