New South Wales Repealed Regulations

This legislation has been repealed.

COMPENSATION COURT RULES 1990 - SECT 29.16

29.16 Taxation-witnesses’ expenses

(1) Subject to this rule, there may be allowed on a taxation of costs in respect of any proceedings amounts paid to witnesses for their attendance at the Court or other assistance in the hearing of the proceedings.

(2) Subject to this rule, the amount allowable in respect of any witness shall be the amount that would have been allowable in the District Court in respect of such a witness had the proceedings been an action in the District Court heard on the day or days on which the proceedings were heard in the Court.

(3) The amount allowable in respect of a witness:

(a) who gave evidence shall be allowed on taxation unless the Court otherwise orders, or

(b) who did not give evidence may be allowed on taxation if the taxing officer thinks fit,

whether or not the witness was subpoenaed.

(4) Where a witness necessarily remains in the vicinity of the Court for the purpose of giving evidence in any proceedings, there may be allowed on taxation such amount in respect of compensation paid to the witness for waiting time as the Court may order, or, in the absence of any order by the Court, as the taxing officer may think fit.

(5) Where a witness necessarily, through himself or his employee, spends substantial time or incurs expense in locating, collating or copying documents or other records so as to enable him to give evidence or produce documents for the purpose of any proceedings, there may be allowed on taxation such amount in respect of the time or expense of the witness as the Court may order, or, in the absence of any order by the Court, as the taxing officer may think fit.

(6) The Court may order that a qualifying fee be allowed in respect of anything done by an expert witness in qualifying to give evidence, or may order that any such qualifying fee be disallowed, and where in respect of an expert witness the Court orders that a qualifying fee be allowed there shall be allowed on taxation such amount paid to the witness for so qualifying as the taxing officer thinks fit.

(7) The Court may order that the expenses of preparing and proving plans, drawings, models, photographs or the like for the purposes of the proceedings be allowed or disallowed, and where in respect of any such expenses:

(a) the Court orders that the expenses be allowed, or

(b) the Court makes no order and the taxing officer thinks fit to allow the expenses,

there shall be allowed on taxation such amount paid in respect of the expenses as the taxing officer thinks fit.