Commonwealth Numbered Regulations

1988 No. 14 FEDERAL COURT OF AUSTRALIA RULES (AMENDMENT) - RULE 3

3. (1) Notwithstanding subrule 3 (2) herein, the Schedule omitted from the
Federal Court Rules by subrule 3 (2) shall continue to apply in relation to
all work done and services performed prior to the commencement of these rules.

(2) The Federal Court Rules are amended by omitting the Second Schedule and
substituting the following Schedule:
SECOND SCHEDULE Costs allowable in respect of work done and services performed
on or after 22 February 1988 (see order 62, rule 12)
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-- Item      Scale of Costs

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-- $                                 Instructions

 1.       to sue or defend or to appeal or oppose an appeal or for

any other originating proceeding ......................
102.00 2.       to make or oppose an interlocutory application or motion

to the Court or a Judge or an officer of the Court ....
44.00 3.       for a case for opinion of Counsel or for Counsel to

advise (including attendance on Counsel with brief) ...
43.00 4.       for interrogatories, answers to interrogatories or an

affidavit (not being a formal affidavit), admissions or a
list of documents, and affidavit verifying ............
62.00 5.       for brief for Counsel on application in Chambers or brief

notes for solicitor (where necessary) ................. 56.00 or, in respect
of items 1 to 5 of this Scale, such other
sums may be allowed as the taxing officer thinks fit,
having regard to all the circumstances of the case
 6.       for brief for Counsel or brief notes for solicitor (where

necessary); such fee may be allowed as the taxing officer
thinks fit having regard to all the circumstances of the
case
 7.       for a necessary document not otherwise provided for; such

fee may be allowed as the taxing officer thinks fit,
having regard to all the circumstances of the case
Documents
 8.       any notice of appearance including copies, filing and

service by respondent .................................
57.00 9.       any application or notice of motion including fixing

return day, copies to file and serve and attendance to
file ..................................................
44.00 if more than 3 folios-add per folio  ..................          3.00
10. any simple notice or memorandum such as a Notice for
Discovery, including copies, filing (where necessary) and
service
37.00 11.       notice to produce, notice to admit or any like notice

including copies, filing (when necessary) and service .
44.00 if more than 3 folios-add per folio  ..................          3.00
12. a brief to Counsel (including a brief to hear judgment)
and attending Counsel therewith .......................
39.00 if more than 3 folios-add per folio  ..................          4.00
for copy documents to accompany brief; such other charges
in this scale as are appropriate
13.       any necessary subpoena including issuing, one copy to

serve and arranging for service .......................
31.00 Drawing 14.       any necessary document

per folio ............................................
5.00 Engrossing or Typing 15.       any necessary document

per folio ............................................
2.00 Copies 16.       of any document, including carbon, photographic or

machine made copy per page ............................ 1.00 except that where
allowance for 10 or more pages is
claimed, in respect of any document or documents, costs
allowed for such copies shall be at the discretion of the
taxing officer.
                                    Perusal 17.       of any document (when
necessary) including special
letter, telegram or telex if 3 folios or less .........
10.00 or per folio  .........................................          2.00
except that where allowance for 30 or more folios is
claimed, in respect of any document or documents, costs
allowed for perusal shall be at the discretion of the
taxing officer.
18.       where it is not necessary to peruse but it is necessary

to scan, a document per page .......................... 3.00 except that where
allowance for 10 or more pages is
claimed, in respect of any document or documents, costs
allowed for scanning shall be at the discretion of the
taxing officer.
                                  Examination 19.       where it is neither
necessary to peruse nor scan a
document, such as examination of an appeal book
for examination per half hour
Solicitor ...........................................
37.00 Clerk  ...............................................         10.00
Letters 20. short letter-simple form of letter e.g. formal
acknowledgement
8.00 21.       ordinary letter including letters between principal and

agent .................................................
12.00 22.       circular letter (after the first) each  ................

4.00 23.       special letter or letter including opinion  ............
26.00 or such fee may be allowed as is reasonable having
regard to the length of the letter, the questions
involved and appropriate items and charges in this scale
24.       telegram, facsimile copy, or telex including attendance

to dispatch ........................................... 31.00 or such fee may
be allowed as is reasonable in the
circumstances
25.       receiving and filing any incoming letter  ..............
4.00 (Postage and transmission fees may be claimed as a
disbursement properly incurred)
                                    Service 26.       personal service (other
than where service is claimable
under other items in this scale) of any document of which
personal service is required. ......................... 31.00 or such fee may
be allowed as is reasonable having
regard to time occupied, distance travelled and other
relevant circumstances
27.       service of any document at the office of the address for

service either by delivery or by post .................
10.00 Preparation of Appeal Books 28.       preparation of appeal books
including collating all
necessary material, attendances on the printer, general
oversight of their preparation in cases where the taxing
officer is satisfied it has been done efficiently
per hour
Solicitor ..........................................
68.00 Clerk  ..............................................         16.00 29.
where appeal books are prepared in a solicitor's office,
the taxing officer may in his discretion allow such sum
as he thinks just and reasonable having regard to work
and labour properly performed and charges for material
used. In exercising his 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
Schedule.
                                  Attendances 30.       an attendance which is
capable of being made by a Clerk,
such as at the Court Registry .........................
16.00 31.       an attendance which requires the attendance of the

solicitor or his managing clerk and involves the exercise
of skill or legal knowledge (including an attendance to
inspect or negotiate) per quarter hour
Solicitor ..........................................
29.00 Managing Clerk  .....................................          9.00 32.
an attendance for which no other provision is made herein
.......................................................
26.00 33.       an attendance by telephone which does not involve the

exercise of skill or legal knowledge ..................
7.00 34.       an attendance on Counsel

with brief or papers (where not otherwise provided for)
.......................................................
16.00 to appoint a conference or consultation  ..............         16.00

where appointment made by telephone  ..................          7.00 35. a
necessary conference or consultation with Counsel
if half an hour or less ..............................
44.00 if over half an hour per hour or part thereof  ........         68.00
36. in Court or Chambers or before the Registrar for hearing
without Counsel
for each hour or part of an hour of the hearing ...... 133.00 for each hour or
part of an hour when likely to be heard
but not heard .........................................
133.00 not to exceed per day  .................................        599.00
37. in Court or Chambers or before the Registrar for hearing
with Counsel
for each hour or part of an hour of the attendance
during the hearing .................................... 109.00 for each hour
or part of an hour of the attendance when
likely to be heard but not heard ......................
109.00 not to exceed per day  .................................        492.00
if a person other than a solicitor attends in place of a
solicitor, for each hour

   (a)  Managing Clerk ..................................
44.00 not to exceed per day  .................................        201.00

(b)  any other Clerk  .................................         24.00 38. to

hear judgment  ......................................         30.00 39. on
taxation of costs
if a solicitor attends per hour or part of an hour ...
68.00 if a clerk attends per hour or part of an hour  .......         16.00
40. where the solicitor attends at Court or Chambers for the
hearing of an application or appeal, or on conference
with Counsel, at a distance of more than fifty kilometres
from his place of business when it is neither appropriate
nor proper for an agent to attend, the taxing officer may
allow for each day of absence from place of business, not
being a Saturday, Sunday or public holiday such amount as
the taxing officer thinks reasonable not exceeding .... 152.00 General Care
and Conduct
41.       where the case or circumstances warrant it, an allowance

may be claimed under this item, in addition to any item
which appears in this scale, for general care and conduct
(where appropriate) 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
Counsel's Fees
42.       it shall be proper for a solicitor to incur such

Counsel's fees as appear to be fair and reasonable
according to the circumstances of the case and the
seniority of Counsel and such Counsel's fees may be
claimed as a disbursement
43.       where a solicitor briefs another solicitor as counsel,

when it would be appropriate to brief Counsel, the taxing
officer may allow such sum as a Counsel's fee as the
taxing officer thinks just and reasonable having regard
to the practice of allowing such fees as are permitted by
the Supreme Court Rules of the State or Territory
concerned (order 62, rule 35).
Witnesses' Expenses
44.       witnesses called because of their professional,

scientific or other special skill or knowledge
per day
78.00 to 392.00 45.       witnesses called, other than those covered in item
44,
per day
44.00 to 73.00 46.       witnesses remunerated in their occupation by wages,

salary or fees; the amount lost by attendance at Court
47.       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.
Disbursements
48.       all Court fees and other fees and payments to the extent

to which they have been properly and reasonably incurred
and paid shall be allowed
49.       where a Solicitor attends at Court or Chambers, or on

conference with Counsel, in the circumstances outlined in
Item 40, the taxing officer may allow reasonable
travelling expenses to the extent to which they have been
reasonably incurred and paid.
Miscellaneous
50.       matters not included in this scale may be allowed to the

extent they are covered by Order 62, rule 21
bills of costs prepared in accordance with Order 62, rule
40 shall identify costs and disbursements claimed with an
item number
a folio comprises 72 words; there are generally 3 folios
to each page.