Commonwealth Numbered Regulations

1986 No. 22 HIGH COURT RULES (AMENDMENT) - SCHEDULE

SECOND SCHEDULE
COSTS
Writs $ 1. Originating process . . . . . . . . . . . . . . . . . . . . . . . .
. 43.70 If more than six folios, for every extra folio . . . . . . . . . . . .
. 4.20 2. Endorsement of claim (if special) . . . . . . . . . . . . . . . . .
. 16.10 If more than six folios, for every extra folio . . . . . . . . . . . .
. 4.50 3. Concurrent writ of summons . . . . . . . . . . . . . . . . . . . . .
. 15.70 4. Writ of subpoena duces tecum . . . . . . . . . . . . . . . . . . .
. . 22.80 5. Writ of subpoena ad testificandum . . . . . . . . . . . . . . . .
. . 22.80 6. Writ of fieri facias or of possession . . . . . . . . . . . . . .
. . 37.80 7. Other writ to enforce a judgment or order . . . . . . . . . . . .
. . 33.60 8. Any other writ not specified above Such amount as the taxing
officer thinks reasonable 9. If any of the above writs (except writs of
summons) exceeds six folios, for each extra folio . . . . . . . . . . . . . .
. . . . . . . . . . . . 3.30 These costs include all endorsements, and copies
of praecipes for the officers sealing them, and attendances to issue or seal,
but not the Court fees.
Summonses 10. Summonses to attend at Justices' Chambers . . . . . . . . . . .
. . . 26.90
or If special, at taxing officer's discretion, not exceeding . . . . . . . .
31.50 11. Attending to issue, including attendance to have date of return
fixed 17.90 An allowance shall not be made for praecipes unless special and
exceeding six folios.
Notices 12. Notice to produce (including copy to serve) . . . . . . . . . . .
. . 15.70 If not more than six folios, for each extra folio . . . . . . . . .
. . . 3.30 13. Notice to admit (including copy to serve) . . . . . . . . . . .
. . . 31.50 If more than six folios, for each extra folio . . . . . . . . . .
. . . . 4.20
Items 14. Any necessary or proper notice or memorandum not otherwise provided
for or any demand . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14.70 This provision does not apply to short notices or memoranda endorsed on
other documents but the words or folios therein may be allowed as part of the
document so endorsed. The allowance in this item includes preparation of
notice and one copy of service.
Services 15. Personal service of any process or proceeding where necessary . .
. . 26.20 If served at a distance of more than 5 kilometres from the nearest
place of business, or office of the solicitor serving the same, according to
the time occupied and fares paid. 16. When, in consequence of the distance of
the party to be served, it is proper to effect service through an agent, for
correspondence . . . . . . 23.30 In addition, correspondent's charges . . . .
. . . . . . . . . . . . . . 44.20
or The amount actually and reasonably charged by and paid to the person
serving. 17. When more than one attendance is necessary to effect service, or
to ground an application for substituted service, such further allowances may
be made as the taxing officer things fit. 18. For service out of the
jurisdiction, such allowance is to be made as the taxing officer thinks fit.
19. The amount to be allowed as fees properly paid for service of a writ or
any other document which requires personal service, shall be as follows: (a)
If served by the nearest Marshal's officer, the amount properly paid to the
Marshal or to the officer in accordance with the scale of fees in force for
the time being. (b) If served by any other person, the amount (not exceeding
the amount payable under paragraph (a)) actually paid to that person
consisting of - (i) the fee paid for swearing the affidavit of service; (ii)
reasonable and necessary expenses of travelling and sustenance; and (iii) a
fee of $9.40 with an additional $9.40 for each day necessarily occupied after
the first day. (c) Where more than one attendance is necessary but can be made
on the same day, an additional allowance shall not be made; or (d) If served
by an officer of a court in a State or Territory, the same amount as would be
payable to that officer in respect of the service of process issued out of the
court of which he is an officer. 20. Where service by post is authorised . . .
. . . . . . . . . . . . . . 8.90 21. Where service is at the office of a
solicitor on the record or at the address for service of a party . . . . . . .
. . . . . . . . . . . . . . . . . . . . 10.50 When any two or more documents
have to be, or may be, served together, one fee only for such service may be
allowed.
Appearances 22. Preparing and entering an appearance, including duplicate
memorandum 33.70 23. If entered at one time, for more than one person, for
every defendant beyond the first . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 4.20 24. Notice of appearance, for service . . . . . . . . . . . . .
. . . . . 10.50
Instructions 25. To sue or defend . . . . . . . . . . . . . . . . . . . . . .
. . . . 94.40 26. To appeal, cross-appeal or oppose appeal . . . . . . . . . .
. . . . 94.40 27. For statement of claim . . . . . . . . . . . . . . . . . . .
. . . . 94.40 28. For special case . . . . . . . . . . . . . . . . . . . . . .
. . . . 94.40 29. For defence, or plea or demurrer . . . . . . . . . . . . . .
. . . . 94.40 30. For counterclaim or defence to counterclaim . . . . . . . .
. . . . . 94.40 31. For reply, with or without joinder of issue . . . . . . .
. . . . . . 41.90 32. For confession of defence . . . . . . . . . . . . . . .
. . . . . . . 40.40 33. For special petition, or any other pleading (not being
a summons) . . 73.40 34. To amend a pleading, where necessitated by another
party's amendment of its pleadings, or by ascertainment of additional facts .
. . . . . . . 25.30 35. For an agreed statement of facts in a matter . . . . .
. . . . . . . 73.40 36. For interrogatories or answers to interrogatories . .
. . . . . . . . 56.50 37. For special affidavits . . . . . . . . . . . . . . .
. . . . . . . . 56.50 38. For documents to be brought into the Registry such
as accounts, etc. 16.10 39. For or in opposition to a motion to be made (a) in
Court or (b) an application in Chambers . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 41.90 40. To add parties by order of the Court or a
Justice . . . . . . . . . . 15.70 41. For counsel to advise on evidence . . .
. . . . . . . . . . . . . . . 40.40 42. For bond or any other deed . . . . . .
. . . . . . . . . . . . . . . 15.70 43. For brief on application in Chambers .
. . . . . . . . . . . . . . . 52.50 44. For brief, such fee may be allowed as
the taxing officer thinks fit having regard to all the circumstances of the
case. 45. An allowance in the nature of instructions for brief may be allowed
to a solicitor when he conducts the cause or matter himself. 46. Instructions
are not to be allowed in cases where the work intended to be included therein
is charged for or allowed in detail. Instead of the charges for instructions,
such larger sums may be allowed as the taxing officer may think reasonable
having regard to all the circumstances.
Drawing Pleadings and Other Documents 47. Pleadings, including petitions (but
not including particulars of summonses) not exceeding nine folios . . . . . .
. . . . . . . . . . . . 41.90
or Such amount as the taxing officer thinks reasonable. 48. Briefs, including
necessary and proper observations . . . . . . . . . 21.00
or Per folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.20 49. Brief to hear reserved judgment, including copy (not allowed in
Chamber applications) . . . . . . . . . . . . . . . . . . . . . . . . . .
12.70 50. Notices of appeal and notices of motion . . . . . . . . . . . . . .
. 41.90
or Per folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.20 51. Affidavit of service of any writ or other proceedings when required .
12.10 52. Marking each exhibit to an affidavit . . . . . . . . . . . . . . . .
1.10 53. Any other necessary document, per folio . . . . . . . . . . . . . . .
5.80
Copies 54. Of documents and briefs not prepared by means of roneograph, photo
copying, or other duplication process where no other provision is made, per
folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.10 55.
Carbon copies, per folio . . . . . . . . . . . . . . . . . . . . . . 1.10 56.
When a document is printed and, in the opinion of the taxing officer, it would
not have been reasonably safe or convenient to send the original to the
printer, the solicitor of the party printing may be allowed, for a copy for
the printer, per folio . . . . . . . . . . . . . . . . . . . . . 1.10 57. For
completing and filling in printed forms, except as otherwise provided, such
allowance as the taxing officer thinks reasonable. 58. Copies made by 'Xerox'
or like process, per page . . . . . . . . . . 1.10
Perusals 59. Of pleadings, including petitions, amendment of pleadings,
originating summonses and motions, interrogatories, answers to
interrogatories, special affidavits, particulars and objections, notices to
produce or admit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 15.70
or Per folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.10 60. All other documents, including deeds, correspondence, exhibits,
affidavits, counsel's opinion or advice, per folio . . . . . . . . . . . 2.10
Attendances 61. To obtain consent of next friend or of a guardian ad litem . .
. . . 12.10 62. To inspect documents . . . . . . . . . . . . . . . . . . . . .
. . . 31.50
or Per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63.00 63. To produce documents for inspection . . . . . . . . . . . . . . . .
. 15.70
or Per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31.50 64. To examine admissions, including signing . . . . . . . . . . . . . .
23.10
or Per folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.20 65. To obtain or give any necessary or proper consent or undertaking . .
15.70 66. To obtain an appointment to examine witnesses . . . . . . . . . . .
. 12.10 67. On examination of witnesses before an officer of the Court or
other person with counsel per hour . . . . . . . . . . . . . . . . . . . . . .
52.50 On examination of witnesses before an officer of the Court or other
person without counsel, such allowance as the taxing officer thinks
reasonable. 68. On hearing of an application in Chambers without counsel such
allowance as the taxing officer thinks reasonable. 69. If the examination is
more than 5 kilometres from a place of business of the solicitor, such
additional allowance may be made as the taxing officer thinks reasonable. 70.
On deponent being sworn . . . . . . . . . . . . . . . . . . . . . . . 15.70
71. On hearing of a summons in Chambers . . . . . . . . . . . . . . . . .
23.70
or Per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41.90 72. On counsel with brief or other papers and to pay his fees . . . . .
. 15.70 73. On counsel to mark refresher or to appoint conference or
consultation 7.40
or If appointment made by telephone . . . . . . . . . . . . . . . . . . . .
7.40 74. On consultation or conference with counsel . . . . . . . . . . . . .
41.90
or Per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63.00 75. Preparation of appeal and application books including collating all
necessary material, attendances on the printer, examining and general
oversight of their preparation in cases where the Registrar is satisfied it
has been done with substantial efficiency . . . . . . . . . . . . . . 50.00
or Per hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68.10 76. Examining the proof print, per folio . . . . . . . . . . . . . . . .
1.10 (not allowable where print taken from authorised reporting service) 77.
To enter or set down cause, special case or appeal for trial or hearing . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.50 78. In court
on hearing of motion, originating summons, special case, petition, appeal or
matter or issue of fact - If the solicitor attends, per hour . . . . . . . . .
. . . . . . . . . . 100.90
or Not to exceed per day . . . . . . . . . . . . . . . . . . . . . . . . . .
504.30
or If a managing clerk attends in place of the solicitor, per hour . . . . .
41.90
or Not to exceed per day . . . . . . . . . . . . . . . . . . . . . . . . . .
210.60 If any other clerk attends in place of the solicitor, per hour . . . .
. 21.00 79. When in the opinion of the taxing officer it is necessary for two
solicitors, or for the solicitor and managing clerk, to attend the hearing or
the trial of a cause or matter, an additional allowance may be made per hour
of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41.90 80. When in
the opinion of the taxing officer it is necessary for a clerk other than a
managing clerk to attend the hearing or the trial of a cause or matter with
the solicitor or a managing clerk where witnesses are examined or
cross-examined, an additional allowance may be made per hour of . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.00 81. Where the
taxing officer is satisfied that a solicitor carries on business in a place
other than in which the Court is sitting and that it is necessary for him to
leave that place to attend in Court at the hearing or the trial of a cause or
matter, an allowance (in addition to reasonable travelling expenses) may be
made for each day (other than Saturday and Sundays) that he is necessarily
absent of such amount as the taxing officer thinks reasonable, not exceeding .
. . . . . . . . . . . . 470.70
or If a clerk attends in place of the solicitor, a similar daily allowance (in
addition to reasonable travelling expenses) may be made, not exceeding . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 125.90 The taxing
officer must be satisfied that the purpose of the journey could not have been
satisfactorily accomplished by an agent. 82. To certify a document or record .
. . . . . . . . . . . . . . . . . . 15.70 83. To hear reserved judgment . . .
. . . . . . . . . . . . . . . . . . . 27.40 84. On taxing of bill of costs -
(a) if the solicitor attends, per hour . . . . . . . . . . . . . . . . . 63.00
(b) if a clerk attends, per hour . . . . . . . . . . . . . . . . . . . . 15.70
85. To obtain signature of the Registrar, to an order made in Chambers, or to
obtain signature to, and sealing of, an order made by the Court . . 15.70 86.
To file, lodge or deliver a document or other papers, to obtain an appointment
from an officer of the court, to insert advertisements or other attendance of
a similar nature capable of performance by a junior clerk . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 15.70 87. At Registry, in
connection with the payment of money into or out of Court . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 15.70 88. To search whether an
appearance has been entered or a document has been filed . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 15.70 89. To bespeak and for copy of
jury panel, or any other document necessarily ordered from an officer of the
Court . . . . . . . . . . . . 12.10 90. Before the Registrar to settle minutes
of judgment or order or the like - (a) if the solicitor attends, per hour . .
. . . . . . . . . . . . . . . 52.50 (b) if a clerk attends, per hour . . . . .
. . . . . . . . . . . . . . . 15.70 91. Any other attendance of the solicitor
or a managing clerk involving the exercise of skill or legal knowledge, per
hour Solicitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100.90 Managing Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 41.90 92. An attendance for which no other provision is made . . . . . . . .
. 21.00
or Such amount as the taxing officer thinks reasonable. 93. Telephone
attendance . . . . . . . . . . . . . . . . . . . . . . . . 7.40
Letters 94. An ordinary letter (including letters between principal and agent)
. 12.70 95. Special letters . . . . . . . . . . . . . . . . . . . . . . . . .
. . 21.00
or Such allowance as the taxing officer thinks reasonable. 96. Circular
letters after the first . . . . . . . . . . . . . . . . . . 4.20
or Such allowance as the taxing officer thinks reasonable. An allowance may
also be made, if the circumstances warrant it, for the necessary expense of
postage, carriage and transmission of documents. 97. Letters making an
appointment, forwarding cheque or documents without comment or to like effect
. . . . . . . . . . . . . . . . . . . . . . . . 7.40
Views 98. Inspection or view, such fees shall be allowed as the taxing officer
considers necessary, including all fees paid for travelling and sustenance.
Maps, Plans, Photographs and Models 99. The taxing officer may allow such fees
for maps, plans, photographs and models for use at the trial as he considers
reasonable.
Witnesses' Expenses 100. Witnesses called because of their professional,
scientific or other 72.60to special skill or knowledge . . . . . . . . . . . .
. . . . . . . . . . . 383.30 Witnesses generally . . . . . . . . . . . . . . .
. . . . . . . . . . . . 40.40 Or, if remunerated in their occupations by
wages, salary or fees, the amount lost by the witness by the attendance of the
witness, not exceeding $67 per day of attendance. Witness attending in more
than one action or matter will be entitled to a proportionate part only of
their expenses in each action or matter. A witness shall be deemed to be a
country witness if he does not reside within 40 kilometres of the court house
where the cause or matter is tried or heard. In addition to the above
allowances, country witnesses may be allowed such sum as the taxing officer
thinks reasonable to provide for actual expenses of conveyance to and from the
place of trial or hearing and a reasonable amount for maintenance or
sustenance. The taxing officer may also allow such amount as he thinks
reasonably and properly incurred and paid to witnesses for qualifying to give
skilled evidence. Notwithstanding anything in the scale, the taxing officer
may allow to an expert witness a special fee for any 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 101. 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. The remuneration allowed to a solicitor shall be
governed by the foregoing scale but in special cases the taxing officer may in
his discretion allow such additional charges or disbursements as he considers
reasonable.