| | | $ |
| | | (including GST) |
| | General care and conduct | |
| 1 | In addition to an amount that is to be allowed under another item of this
schedule, the amount that is to be allowed for a solicitor’s care and
conduct of a proceeding is the amount the registrar or a costs assessor
considers reasonable, in accordance with any guidelines issued in a practice
direction by the Chief Justice and having regard to the circumstances of the
proceeding, including, for example— | |
| | (a) the complexity of the proceeding; and | |
| | (b) whether the proceeding is in the Supreme Court or the District Court; and | |
| | (c) if the proceeding is in the Supreme Court—whether the proceeding could
have been brought in the District Court; and | |
| | (d) the difficulty and novelty of any question raised in the proceeding; and | |
| | (e) the importance of the proceeding to the party; and | |
| | (f) the amount involved; and | |
| | (g) the skill, labour, specialised knowledge and responsibility involved in
the proceeding on the part of the solicitor; and | |
| | (h) the number and importance of the documents prepared or perused, without
regard to the length of the documents; and | |
| | (i) the time spent by the solicitor; and | |
| | (j) research and consideration of questions of law and fact. | |
| | Registrar’s or costs assessor’s discretion | |
| 2 | For a matter for which a cost is not provided for in this schedule, the
amount to be allowed is the cost the registrar or a costs assessor considers
reasonable. | |
| | Costs on quarter-hourly basis | |
| 3 | If, under an item of this schedule, costs in relation to a matter are
allowable on a quarter-hourly basis, the amount to be allowed is— | |
| | (a) for less than a quarter-hour spent on the matter—the cost of 1
quarter-hour; or | |
| | (b) for part of a quarter-hour after the first quarter-hour spent on the
matter—a proportionate amount of the cost of 1 quarter-hour. | |
| | Drafting documents | |
| 4 | Drafting a document—for each 100 words | 25.65 |
| | Producing documents | |
| 5 | Producing a document in final form—for each 100 words | 6.20 |
| | Preparing exhibit certificates | |
| 6 | Preparing an exhibit certificate—for each exhibit, including a paginated
book | 4.85 |
| | Copying documents | |
| 7 | Copying a document—for each page | 0.28 |
| | Perusing documents | |
| 8 | Perusing a document—for each 100 words | 6.20 |
| | Examining or comparing documents | |
| 9 | Examining a document or comparing documents, if perusal is unnecessary— | |
| | (a) by a solicitor—for each quarter-hour | 91.05 |
| | (b) by an employee—for each quarter-hour | 26.90 |
| | Serving documents | |
| 10 | Serving on a person 1 or more documents at the same time— | |
| | (a) personal service, by a solicitor or a solicitor’s employee, if personal
service is required for 1 or more of the documents served | 53.20 |
| | However, if the registrar or a costs assessor considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount to be allowed is the amount the registrar or the costs assessor considers reasonable. | |
| | (b) ordinary service, other than ordinary service of a type mentioned in
paragraph (c) , (d) or (e) | 33.35 |
| | (c) service by post | 24.30 |
| | (d) service by facsimile— | |
| | (i) for the first page | 11.10 |
| | (ii) for each extra page | 1.30 |
| | (e) service by email | 11.10 |
| | Attendances | |
| 11 | Attendance, if capable of being done by an employee— | |
| | (a) to file or deliver a document, obtain an appointment, insert an
advertisement, or settle an order | 33.35 |
| | (b) to search | 33.35 |
| | (c) to do something of a similar nature | 33.35 |
| 12 | Attendance by telephone that does not involve the exercise of skill or
legal knowledge | 22.35 |
| 13 | Attendance in court, mediation or case appraisal, at a compulsory
conference or before the registrar, by a solicitor who appears without a
barrister—for each quarter-hour | 100.95 |
| 14 | Attendance for a hearing or trial held at a place other than the town where
the solicitor lives or carries on business— | |
| | (a) by the solicitor— | |
| | (i) for the time spent in attendance at the hearing or trial—for each quarter-hour | 92.35 |
| | (ii) for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial— | |
| | (A) for an absence of 4 hours or less | 693.85 |
| | (B) for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours | 44.85 |
| | (iii) the expenses the registrar or a costs assessor considers reasonable for each day of absence, including Saturdays and Sundays | |
| | (iv) the actual expenses of transport to and from the hearing or trial the registrar or a costs assessor considers reasonable | |
| | (b) by the solicitor’s employee—the amount the registrar or a costs
assessor considers reasonable | |
| | However, if the solicitor’s absence is to attend more than 1 hearing or
trial at the same place, the costs are to be divided proportionately. | |
| 15 | Attendance at a call-over, to be apportioned if the attendance is for more
than 1 proceeding | 60.85 |
| 16 | Other attendances— | |
| | (a) by a solicitor, involving skill or legal knowledge—for each quarter-hour
| 92.35 |
| | (b) by an employee—for each quarter-hour | 26.90 |
| | However, the costs allowed under this item are to be reduced by 25% in
relation to time necessarily spent at court before an appearance in court. | |
| | Correspondence | |
| 17 | (1) Correspondence sent— | |
| | (a) written message or letter (20 words or less) | 18.60 |
| | This includes a letter forwarding documents without explanation. | |
| | (b) short letter (21 to 100 words) | 37.15 |
| | (c) any other letter—for each 100 words | 32.25 |
| | This covers any form of written communication including ordinary post, facsimile, email, text or other form of electronic transmission. | |
| | This includes the charges of the communication provider, other than charges for sending the correspondence by registered post, international post or courier or serving the correspondence personally. | |
| | For a circular letter, the first is to be allowed under this item. For each circular letter after the first, the charge under item 7 applies. | |
| | (2) Correspondence received— | |
| | (a) receiving any correspondence, including by electronic means, and filing, including reading a message (20 words or less) and, for an electronic communication, printing 1 page for filing | 18.60 |
| | For printing additional pages received electronically for filing, the charge under item 7 applies. | |
| | (b) perusing correspondence— | |
| | (i) for the first 100 words | 24.75 |
| | (ii) for each 100 words or part after the first 100 words | 12.40 |
| | (c) if perusing the document is not reasonably necessary, to examine the document—for each page | 6.25 |
| | (3) Agency correspondence— | |
| | (a) for sending correspondence to the agent by the principal, or to the principal by the agent—costs under item 17(1) | |
| | (b) for receiving correspondence from the agent by the principal, or from the principal by the agent—costs under item 17(2) | |
| | If engagement of the agent was normal and reasonable in the circumstances, costs may be charged under this item by the principal and the agent. | |
| | Correspondence between offices of the same firm of solicitors may be charged if it is analogous to agency correspondence and the engagement of an agent was not reasonable in the circumstances. | |
| | Note— The word count for agency correspondence is based on the body of the
correspondence, as defined in schedule 3 . | |
| | Electronic conduct of proceedings | |
| 18 | (1) Examining an electronic document or comparing electronic documents,
including emails, if perusal is unnecessary—for each 100 words | 1.20 |
| | (2) Preparing a document for disclosure, or to be exchanged electronically,
by— | |
| | (a) barcoding the document—for each page | 0.68 |
| | (b) electronically scanning or imaging the document—for each page | 0.68 |
| | (c) entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document | 6.20 |
| | (3) To the extent a proceeding is conducted electronically, the costs to be
allowed, including the costs of any electronic service provider, are the costs
the registrar or a costs assessor considers have been reasonably incurred and
paid. | |
| | Fixed cost items | |
| 19 | Instructions to sue—claim and statement of claim and service | 2,037.00 |
| 20 | Costs for obtaining judgment under chapter 9 , part 1 , division 2 | 535.45 |
| 21 | Costs for obtaining an enforcement warrant | 535.45 |
