101

Instructing to make or oppose an application under sections   365 and 372 of Part   3 - 1, section   394 of Part   3 - 2, section   536LU of Part   3A - 3 and section   773 of Part   6 - 4 of the Act

Either:

(a) $210; or

(b) at the discretion of the FWC

102

Instructing to make or oppose any other proceeding relating to an application under sections   365 and 372 of Part   3 - 1, section   394 of Part   3 - 2, section   536LU of Part   3A - 3 and section   773 of Part   6 - 4 of the Act

Either:

(a) $210; or

(b) at the discretion of the FWC

103

Instructing for a case for opinion of counsel, or for counsel to advise (including attendance on counsel with brief)

Either:

(a) $91; or

(b) at the discretion of the FWC

104

Instructing for a necessary document in response to directions given by the FWC

Either:

(a) $125; or

(b) at the discretion of the FWC

105

Instructing for brief to counsel or brief notes for solicitor (if necessary)

An amount that the FWC considers appropriate having regard to all the circumstances of the case

106

Instructing for a necessary document not otherwise provided for in this Part

An amount that the FWC considers appropriate having regard to all the circumstances of the case

201

A notice of appearance, including copies, filing and service by respondent

$115

202

An application or notice of motion, including copies to file and serve, and attendance to file

The sum of:

(a) for the first 3 folios--$93; and

(b) for each additional folio--$6

203

A necessary document prepared in response to directions given by the FWC, including copies to file and serve, and attendance to file

$74

204

A brief to counsel (including a brief to hear judgment) and attending counsel with the brief

The sum of:

(a) for the first 3 folios--$80; and

(b) for each additional folio--$7

205

Copy of a document to accompany a brief

The charge mentioned in item   501

206

A necessary summons, and issuing 1 copy to serve and arranging for service

$63

301

Drawing a necessary document not covered by Part   1 or 2 of this Schedule

$8 per folio

401

Writing or typing a legal letter

$4 per folio

501

Copy of a document, including a carbon, photographic or machine - made copy

Either:

(a) $2 per page; or

(b) if allowance for 10 or more pages is claimed in respect of a document or documents--at the discretion of the FWC

601

Perusing a document, including a special letter (for example, a letter from counsel that includes an opinion)

Either:

(a) if paragraph   (b) does not apply:

(i) for a document that contains up to 3 folios--$16; or

(ii) for a document that contains more than 3 folios--$4 per folio; or

(b) if allowance for 30 or more folios is claimed for a document--at the discretion of the FWC

602

Scanning a document, if it is not necessary to peruse the document

Either:

(a) $6 per page; or

(b) if allowance for 10 or more pages is claimed in respect of any document or documents--at the discretion of the FWC

701

Examining a document, if it is not necessary to peruse or scan the document (for example, an examination of an appeal book):

(a) by a solicitor

$74 per half hour

(b) by a clerk

$16 per half hour

801

Short letter (for example, a formal acknowledgment, a letter comprising 1 page or a letter concisely dealing with a subject)

$12

802

Ordinary letter, including letter between principal and agent

$24

803

Circular letter (for example, a letter sent to more than 1 party)

$7 for each letter (after the first)

804

Special letter (for example, a letter from counsel that includes an opinion)

Either:

(a) $50; or

(b) an amount that the FWC considers reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this Schedule

805

Fax copy including attendance to dispatch

Either:

(a) $63; or

(b) an amount that the FWC considers reasonable in the circumstances

806

Receiving and filing an incoming letter

$7

901

Personal service of any document of which personal service is required (other than service that may be claimed under another item of this Schedule)

Either:

(a) $62; or

(b) an amount that the FWC considers reasonable having regard to time occupied, distance travelled and other relevant circumstances

902

Service of a document at the office of the address for service, either by delivery or by post

$16

1001

Preparation of appeal books, if some of the work is done outside the solicitor's office (for example, attendance on the printer for printing or collating documents, or general oversight of the preparation of the appeal books), and the FWC is satisfied that the work or general oversight has been done efficiently:

(a) for work done or overseen by a solicitor

$135 per hour

(b) for work done or overseen by a clerk

$34 per hour

1002

Preparation of appeal books, if the work is done entirely within the solicitor's office

An amount that the FWC considers appropriate, having regard to the charges for the material used

1101

An attendance that is capable of being made by a clerk, such as at the FWC registry

$34

1102

An attendance that requires the attendance of a solicitor or managing clerk (or other equally suitably qualified person) and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate):

(a) by a solicitor

$60 per quarter hour

(b) by a managing clerk or other equally suitably qualified person

$13 per quarter hour

1103

An attendance for which no other provision is made in this Schedule

$56

1104

An attendance by telephone that does not involve the exercise of skill or legal knowledge

$11

1105

An attendance on counsel in person with brief or papers (if not otherwise provided for in this Schedule)

$35

1106

An attendance on counsel in person to set a time, date and place for a conference or consultation

$35

1107

An attendance on counsel by telephone to set a time, date and place for a conference or consultation

$11

1108

A necessary conference or consultation with counsel

Either:

(a) for a conference of up to half an hour--$93; or

(b) for a conference of more than half an hour--$135 for each hour or part of an hour

1109

An attendance at the FWC, an FWC conference or chambers for hearing with counsel (where the FWC considers such attendance is necessary):

(a) for attendance by a solicitor

$221 for each hour or part of an hour of the attendance:

(a) during the hearing; and

(b) when likely to be heard, but not heard;

up to a maximum of $1   005 per day

(b) for attendance by a managing clerk or other equally suitably qualified person in place of a solicitor

$93 for each hour, up to a maximum of $409 per day

(c) for attendance by any other clerk or person in place of a solicitor

$49 for each hour, up to a maximum of $218 per day

1110

An attendance to hear judgment

$62

1111

An attendance on taxation of costs:

(a) if a solicitor attends

$135 for each hour or part of an hour

(b) if a clerk attends

$34 for each hour or part of an hour

1112

An attendance by a solicitor at the FWC or chambers for the hearing of an application or appeal, or In conference with counsel, at a distance of more than 50 kilometres from his or her place of business, if it is neither appropriate nor proper for an agent to attend

The FWC may allow an amount that the FWC considers reasonable, not exceeding $ 309, for each day of absence from the place of business (except a Saturday, Sunday or public holiday

1201

If the case or circumstances warrant it, an allowance may be claimed under this item in addition to any other item that appears in this Schedule, for general care and conduct in relation to the following:

The FWC may allow an amount the FWC considers reasonable in the circumstances of the case

(a) the complexity of the matter and the difficulty and novelty of questions raised;

(b) the importance of the matter to the party and the amount involved;

(c) the skill, labour, specialised knowledge and responsibility involved in the matter on the part of the solicitor;

(d) the number and importance of the documents prepared or perused, without regard to length;

(e) the time taken by the solicitor;

(f) research and consideration of questions of law and fact

1301

For counsel's fees incurred by a solicitor

Note:   The fees incurred may be claimed as a disbursement.

An amount that the FWC considers to be fair and reasonable according to the circumstances of the case and the seniority of counsel

1302

For solicitor's fees if a solicitor appears as counsel (or briefs another solicitor as counsel) when it would be appropriate to brief counsel

An amount that the FWC considers to be fair and reasonable according to the circumstances of the case and the seniority of the solicitor

1401

For the attendance of a witness who is called because of his or her professional, scientific or other special skill or knowledge

$161 to $801 per day

1402

For the attendance of a witness, other than a witness covered in item   1401:

(a) who is not remunerated in his or her occupation by wages, salary or fees

$93 to $149 per day

(b) who is remunerated in his or her occupation by wages, salary or fees

The amount lost by attendance at the FWC

1403

For travel expenses for a witness who lives more than 50 kilometres from the FWC (in addition to a charge under item   1401 or 1402)

An amount that the FWC considers reasonable for the actual cost of travel, plus a reasonable amount for meals and accommodation

1501

Registry fee or other fee or payment

The amount of the fee or payment to the extent to which it has been properly and reasonably incurred and paid

1502

Travelling expenses, if a solicitor attends at the FWC or chambers, or on conference with counsel, in the circumstances mentioned in item   1109

An amount that the FWC considers reasonable for travelling expenses, to the extent to which they have been reasonably incurred and paid

1503

Postage and transmission expenses in relation to a matter mentioned in Part   8

The amount of the expenses to the extent that it has been properly and reasonably incurred and paid