Australian Capital Territory Numbered Regulations

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COURT PROCEDURES AMENDMENT RULES 2008 (NO 2) (NO 44 OF 2008) - REG 10

Schedule 4, part 4.2

substitute

Part 4.2     Scale of costs—items

column 1

item

column 2

matter in relation to which charge is made

column 3

charge ($)


Division 4.2.1     Instructions

1

to sue or defend, to appeal or oppose an appeal

143.50


2

for statement of claim, petition, special case or counterclaim

143.50


3

for defence

122.80


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

51.20



(e)     adding parties by order; or

(f)     a bond or other deed; or

(g)     retaining counsel, including preparing retainer



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

102.40


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

102.40


7

for brief to advise on evidence

92.20


8

for—

(a)     a statement of facts in an action; or

(b)     a request for particulars; or

(c)     particulars

102.40


9

for brief in preparation for trial

the amount the registrar considers appropriate

Division 4.2.2     Drawing

10

for an originating process or counterclaim

107.00

or, if longer than 700 words, 15.10 per 100 words

11

for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading

71.70

or, if longer than 400 words, 15.10 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)

65.60

or, if the document is longer than 400 words, 15.10 per 100 words

13

a formal affidavit, including an affidavit of service

36.00


14

any other document

28.40

or, if longer than 100 words, 16.80 per 100 words

Division 4.2.3     Engrossing

15

of a document

4.40

per 100 words

Division 4.2.4     Copies

16

of any document, or of multiple documents copied at the same time—




(a)     for each of the first 10 copies; or

2.80

per page


(b)     for each additional copy up to 100 copies; or

1.20

per page


(c)     for each additional copy over 100 copies

0.40

per page

Division 4.2.5     Perusal

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

50.50

or, if the document is longer than 800 words, 5.70 per 100 words

18

of any other document, if it is necessary to peruse

5.70

per 100 words

19

of a document by scanning it, if it is not necessary to peruse

5.60

or, if the document has more than 10 pages, the additional amount the registrar considers appropriate

Division 4.2.6     Attendances

20

for personal service, if necessary, of 1 or more documents at the same time

76.60


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

(c)     made through a document exchange

30.90


22

by a solicitor, necessarily or properly engaged, if the solicitor holds an unrestricted practising certificate or has been the holder of a practising certificate for at least 2 years—

(a)     to instruct counsel; or

(b)     on assessment of a bill of costs or other matter; or

204.80

per hour


(c)     at conference with counsel; or

(d)     on a view; or

(e)     on witness or other person; or

(f)     to produce a document; or

(g)     to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or

(h)     to prepare appeal papers



23

by a solicitor, necessarily or properly engaged, other than a solicitor mentioned in item 22—

(a)     to instruct counsel; or

(b)     on assessment of a bill of costs or other matter; or

(c)     at conference with counsel; or

(d)     on a view; or

(e)     on witness or other person; or

(f)     to produce a document; or

143.50

per hour


(g)     to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or

(h)     to prepare appeal papers



24

by a clerk, necessarily or properly engaged—

(a)     to instruct counsel; or

(b)     on assessment of a bill of costs or other matter; or

(c)     at conference with counsel; or

(d)     on a view; or

(e)     on witness or other person; or

(f)     to produce a document; or

71.60

per hour


(g)     to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or

(h)     to prepare appeal papers



25

other than an attendance already mentioned, in court or any hearing without counsel—




(a)     by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least 2 years; or

307.10

per hour


(b)     by any other solicitor

215.00

per hour

26

by a solicitor involving a high degree of skill and responsibility

307.10

per hour

27

in court or chambers or before the registrar—

(a)     to take a reserved judgment; or

(b)     to mention a matter; or

(c)     for an adjournment; or

(d)     for settling the terms of and entering orders; or

(e)     for another reason

81.90

or 204.80 per hour

28

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

25.40


29

formal telephone attendance

25.40


30

telephone attendance leaving message only

12:70


31

any other attendance by a solicitor (including travelling and waiting time and including a telephone attendance)

41.00

or 51.20 per quarter hour

32

any other attendance by a clerk (including travelling and waiting time and including a telephone attendance)

25.40

or 17.80 per quarter hour

33

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

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 1 195.70


(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 clerk is absent, of not more than 307.10

Division 4.2.7     Letters

34

ordinary letter

35.50

or 17.30 per 100 words

35

special letter

59.00

or 17.30 per 100 words

36

formal letter—short letter, without legal content

17.20


37

circular letters after the first

7.80


38

fax copy or telex, including attendance to send

40.30


39

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)

10.70


40

receiving, printing and filing incoming letter received by email

11.50


41

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

2.80

per page


(b)     for each additional page up to 100 copies; or

1.20

per page


(c)     for each additional page over 100 copies

0.40

per page

Division 4.2.8     Witness expenses

42

a witness called because of the witness's professional, scientific or other special skill or knowledge

1004.60

per day

43

a witness called other than because of the witness's professional, scientific or other special skill or knowledge

106.00

per day

44

a witness paid in the witness's occupation by wages, salary or fees

the amount lost by attendance at court

45

a witness qualifying to give skilled evidence

the additional amount the registrar considers reasonable and properly incurred and paid

46

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

47

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)

Division 4.2.9     Disbursements

48

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



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