Australian Capital Territory Current Regulations Australian Capital Territory Current RegulationsSchedule 4 Scale of costs
(see r 1700)
Part 4.1 Scale of costs—general
Note to pt 4.1
Div 2.17.2 (Entitlement to costs) includes the following rules which relate to the assessment of costs under this schedule:
• r 1734 (Costs—assessment costs)
• r 1735 (Costs—counsel's advice and settling documents)
• r 1736 (Costs—evidence)
• r 1737 (Costs—solicitor advocate)
• r 1738 (Costs—retainer for counsel)
• r 1739 (Costs—counsel's fees for applications).
4.1 Costs—general care and conduct
In addition to an amount that is to be allowed under an item in part 4.2, the amount that is to be allowed for a solicitor's care and conduct of a proceeding is the amount the registrar considers reasonable having regard to the circumstances of the proceeding, including, for example, the following:
(a) the complexity of the proceeding;
(b) the difficulty and novelty of any question raised in the proceeding;
(c) the importance of the proceeding, including to the party;
(d) the amount involved;
(e) the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor;
(f) the number and importance of the documents prepared or perused, without regard to the length of the documents;
(g) the time spent by the solicitor;
(h) research and consideration of questions of law and fact.
4.2 Costs—registrar's discretion
(1) For a matter for which a cost is provided for in part 4.2, the registrar may allow an additional amount, reduce the amount to be allowed, or change the method of calculating costs, as the registrar considers appropriate.
(2) For a matter for which a cost is not provided for in part 4.2, the amount to be allowed is the cost the registrar considers reasonable.
(3) If the nature and importance, or the difficulty or urgency, of a proceeding and the justice of the case justify it, the registrar may allow an increase of not more than 30% of the solicitor's costs allowed on the assessment of the costs of the proceeding.
4.3 Costs—letters sent by email
The amount to be allowed for a letter sent as an email, or as an attachment to an email, is the amount that would be allowed if the letter were sent by post or another way.
4.4 Costs—allowance on affidavits to include attendances
The amount allowed for instructions and drawing an affidavit in answer to interrogatories and other special affidavits, and attending the person making the affidavit to swear the affidavit includes all attendances on the person making the affidavit to read over and settle the affidavit.
4.5 Costs—affidavit made by 2 or more people etc
The registrar may make any further allowance the registrar considers reasonable in relation to an affidavit if—
(a) the affidavit is sworn by 2 or more people; or
(b) the affidavit must be sent somewhere else, or an agent has to be employed, for the affidavit to be sworn.
4.6 Costs—documents to be served together
(1) If 2 or more documents can be served at the same time on a party to a proceeding, the documents must be served together.
(2) The registrar must not allow any further amount for service if more than 1 document is served at the same time.
4.7 Costs—agency correspondence
In a proceeding in which there is an agent solicitor, the registrar may make any further allowance for agency correspondence that the registrar considers reasonable if satisfied the correspondence has been special and extensive.
4.8 Costs—attendance to instruct counsel
(1) If a solicitor who holds an unrestricted practising certificate, or who has held a practising certificate for at least 2 years, attended in court to instruct counsel in a proceeding, the registrar may allow—
(a) the amount set by the prescribed scale of costs for a solicitor who holds an unrestricted practising certificate, or who has held a practising certificate for at least 2 years, to attend to instruct counsel, if satisfied that the importance or difficulty of the proceeding, or the responsibility involved in instructing counsel, justified the solicitor's attendance; or
(b) the amount set by the prescribed scale of costs for a solicitor other than a solicitor mentioned in paragraph (a) to attend to instruct counsel, if satisfied the attendance of that solicitor only was justified; or
(c) the amount set by the prescribed scale of costs for a clerk to attend to instruct counsel, if satisfied that the attendance of a clerk only was justified.
(2) If a solicitor other than a solicitor mentioned in subrule (1) (a) attended in court to instruct counsel in a proceeding, the registrar may allow—
(a) the amount set by the prescribed scale of costs for a solicitor other than a solicitor mentioned in subrule (1) (a) to attend to instruct counsel, if satisfied the attendance of the solicitor was justified; or
(b) the amount set by the prescribed scale of costs for a clerk to attend to instruct counsel, if satisfied that the attendance of a clerk only was justified.
(3) If a clerk attended in court to instruct counsel in a proceeding, the registrar may allow the amount for a clerk to attend to instruct counsel, only if satisfied the clerk was competent to instruct counsel in the proceeding.
4.9 Costs—parties with same solicitor
If the same solicitor represents 2 or more parties and the solicitor does work for 1 or some of them separately that could have been done for some or all of them together, the registrar may disallow costs for the unnecessary work.
4.10 Costs—counsel drawing and settling documents
If the registrar allows costs for counsel to draw and settle a document, the registrar must not allow the costs of a conference with counsel in relation to the document, unless there were special reasons making the conference necessary.
4.11 Costs—premature brief
The registrar must not allow costs for the preparation and delivery of a brief to counsel on a trial that did not take place if the costs were incurred prematurely.
4.12 Costs—transitional
(1) A solicitor is entitled to charge and be allowed the costs set out in this schedule for work done or services performed on or after the commencement day.
(2) However, if work done or services performed by a solicitor after the commencement day was assessed before the commencement day, this rule as in effect immediately before the commencement day continues to apply to the work and services.
(3) Rule 4.12 as in effect immediately before the commencement day continues to apply to work done or services performed by a solicitor before the commencement day.
(4) In this rule:
"commencement day" means the day the Court Procedures Amendment Rules 2022 (No 3)
, rule 8 commences.
Part 4.2 Scale of costs—items
column 1 item | column 2 matter in relation to which charge is made |
column 3 charge ($) | |
|---|---|---|---|
| 1 | 201.30 | ||
| 2 | for statement of claim, petition, special case or counterclaim | 201.30 | |
| 3 |
for defence | 172.30 | |
| 4 | for— (a) a reply; or (b) amending a pleading; or (c) a notice claiming contribution or indemnity; or (d) a document to be brought into the registrar's office (for example, an account or deed); or (e) adding parties by order; or (f) a bond or other deed; or (g) retaining counsel, including preparing retainer | 71.90 | |
| 5 | for— (a) a pleading not otherwise provided for; or (b) interrogatories for the examination of a party or witness; or (c) an affidavit in answer to interrogatories or other special affidavit; or (d) disclosure or a list of documents; or (e) an application for an order that a matter be heard before the Full Court; or (f) a brief on application in chambers | 143.70 | |
| 6 | for— (a) an application whether in court, before the registrar or in chambers; or (b) opposition to an application; or (c) the assessment of a bill of costs | 143.70 | |
| 7 | for brief to advise on evidence | 129.40 | |
| 8 | for— (a) a statement of facts in an action; or (b) a request for particulars; or (c) particulars | 143.70 | |
| 9 | for brief in preparation for trial | ||
| 10 | for an originating process or counterclaim | 150.20 | or, if longer than 700 words, 21.30 per 100 words |
| 11 | for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading | 100.70 | or, if longer than 400 words, 21.30 per 100 words |
| 12 | for— (a) a notice of an application in a proceeding; or (b) a notice to produce documents; or (c) a notice to admit facts; or (d) a special case; or (e) interrogatories; or (f) a special affidavit; or (g) a brief (including observations) |
92.10 | or, if longer than 400 words, 21.30 per 100 words |
| 13 |
a formal affidavit, including an affidavit of service | 50.50 | |
| 14 |
any other document | 39.90 | or, if longer than 100 words, 23.60 per 100 words |
| 15 | of a document | 6.30 | per 100 words |
16 | of any document, or of multiple documents copied at the same time— (a) for each of the first 10 copies; or (b) for each additional copy up to 100 copies; or (c) for each additional copy over 100 copies | 4.00 1.80 0.60 | per page per page per page |
| 17 |
of— (a) an originating process; or (b) a pleading; or (c) an application in a proceeding; or (d) interrogatories; or (e) a special case; or (f) a notice to admit | 70.90 | or, if longer than 800 words, 8.00 per 100 words |
| 18 | of any other document, if it is necessary to peruse | 8.00 | per 100 words |
| 19 | of a document by scanning it, if it is not necessary to peruse | 7.80 | or, if the document has more than 10 pages, the additional amount the registrar considers appropriate |
| 20 | for personal service, if necessary, of 1 or more documents at the same time |
107.50 | |
| 21 | for service of 1 or more documents at the same time— (a) at the office of a solicitor on the record or the address for service of a party; or (b) by post; or | 43.50 | |
| 22 | by attendance (including travel and waiting time)— (a) by a solicitor; or (b) by a clerk | 38.70 16.10 | per 6 minutes per 6 minutes |
| 23 |
at the registry or other office or place for— (a) filing, delivering, or collecting a document; or (b) a purpose not involving the exercise of legal skill or knowledge | 35.80 | |
| 24 | formal telephone attendance | 35.80 | |
| 25 | telephone attendance leaving message only |
17.80 | |
| 26 | if the registrar is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that— (a) a solicitor has been necessarily absent from the place where the solicitor carries on practice; or (b) a clerk has attended in place of the solicitor | an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the solicitor is absent, of not more than 1 676.90 an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the clerk is absent, of not more than 430.70 | |
| 27 | ordinary letter | 50.00 | or 24.30 per 100 words |
| 28 | special letter | 83.00 | or 24.30 per 100 words |
| 29 | formal letter—short letter, without legal content |
24.20 | |
| 30 | circular letters after the first | 11.00 | |
| 31 | fax copy or telex, including attendance to send | 56.60 | |
| 32 | receiving and filing any incoming letter, other than a letter received by email (postage and transmission fees properly incurred may be claimed as a disbursement) |
14.90 | |
| 33 | receiving, printing and filing incoming letter received by email | 16.30 | |
| 34 | printing any attachment to an email, or multiple attachments to an email printed at the same time— (a) for each of the first 10 pages; or (b) for each additional page up to 100 copies; or (c) for each additional page over 100 copies | 4.00 1.80 0.60 | per page per page per page |
| 35 | a witness called because of the witness's professional, scientific or other special skill or knowledge | 1 408.80 | per day |
| 36 | a witness called other than because of the witness's professional, scientific or other special skill or knowledge | 148.30 | per day |
| 37 | a witness paid in the witness's occupation by wages, salary or fees | ||
38 | a witness qualifying to give skilled evidence | the additional amount the registrar considers reasonable and properly incurred and paid | |
| 39 |
if the witness lives more than 50km from the court | the additional amount the registrar considers reasonable for the actual cost of travel, and for accommodation and meals | |
| 40 | attendance at court by a witness acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing | the amount the registrar considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses) | |
| 41 | all court fees, counsel's fees and other fees and payments | allowed to the extent that they have been properly and reasonably incurred and paid | |