Commonwealth Numbered Regulations Commonwealth Numbered Regulations[1] Order 10, subrules 8 (2) and (3)
substitute
(2) The Court may, at any time in the proceeding, grant leave to the applicant or cross-claimant to enter judgment against the respondent or cross-respondent for:
(b) if appropriate:
(i) costs:
(A) in a sum fixed by the court: or
(B) to be taxed; and
(3) If leave has been granted under subrule (2) and the applicant or
cross-claimant has filed in the Registry:
(a) an affidavit, or affidavits, proving:
the Registrar must enter judgment for the debt or liquidated damages, costs and interest against the respondent or cross-respondent, as specified in the leave granted by the Court, without giving notice, or further notice, to the respondent or cross-respondent.
[2] Order 15, rule 1
substitute
Notice for discovery — Form 21
[3] Order 52, subrule 14AA (4)
omit
[4] Order 54B, heading
substitute
Order 54B Judiciary Act 1903 and Migration Act 1958substitute
Application
Note
Section 475A of the Migration Act 1958 provides that section 476 of that Act
does not affect the jurisdiction of the Federal Court under section 39B
of the Judiciary Act 1903 in relation to:
(a) a privative clause decision
that is a decision made on a review by a Tribunal under Part 5 or 7 or
section 500 of the Migration Act 1958 ; or
(b) any other decision in respect
of which the Court's jurisdiction is not excluded by section 476 of the
Migration Act 1958.
[6] First Schedule, heading
substitute
Schedule 1 Forms(see Order 1, rule 7)
[7] First Schedule, Forms 56 and 57
substitute
Form 56 Application for an Order of review
(Order 54)
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY No. of 20 .
BETWEEN
A.B.
Applicant
AND
C.D.
Respondent
Application to review the decision of (the respondent or the first respondent)
that ( here specify decision )
Before any attendance at Court, you must file an appearance in the Registry.
Time and date for hearing: ( to be entered by Registry unless fixed by Court )
Date:
( Signed , Registrar)
The applicant's
address for service is ( specify address for service ).
Version 2
Form 56A Application under Judiciary Act 1903 (in relation to certain privative clause decisions under the Migration Act 1958 )
(Order 54B)
IN THE FEDERAL COURT OF AUSTRALIA
DISTRICT REGISTRY No. of 20 .
BETWEEN
A.B.
Applicant
AND
C.D.
Respondent
This application is made under section 39B of the Judiciary Act 1903 (and see
section 475A of the Migration Act 1958 ).
The applicant was notified of the
decision that is the subject of this application on: ( here insert date )
The
applicant claims:
1. (s pecify in numbered paragraphs all relief sought )
2.
etc
The grounds of the application are:
1.
2.
etc
Before any attendance at Court, you must file an appearance in the Registry.
Time and date for hearing: ( to be entered by Registry unless fixed by Court )
Date:
( Signed , Registrar)
The applicant's
address for service is ( specify address for service ).
Note
Section 479 of
the Migration Act 1958 provides that the parties to the review of a privative
clause decision resulting from an application referred to in section 477 of
that Act are the Minister and:
(a) if the privative clause decision concerned
was reviewable under Part 5 or 7 or section 500 of that Act and a decision on
such a review has been made — the applicant in the review by the
relevant Tribunal; or
(b) in any other case — the person who is the
subject of the decision; or
(c) in any case — a person prescribed by the
regulations.
Version 1
Form 57 Notice of objection to competency
(Order 54, rule 4 and Order 54B, rule 3)
To the applicant:
The Respondent objects
to the jurisdiction of this Court to try this application for an order under:
* the Administrative Decisions (Judicial Review) Act 1977;* or
* the Judiciary Act 1903 (in relation to a decision under the
Migration Act 1958 )*
on the grounds that:
1. ( set out concisely the
whole grounds of the objection )
2.
etc
( conclude in accordance with Form 4 )
* Omit if inapplicable
Version 2
[8] Schedule 2
substitute
Schedule 2 Scale of costs for work done and services performed
(Order 62, rule 12)
Item | Matter for which charge may be made | Charge ($) |
|---|---|---|
Instructions | ||
1 |
To sue or defend, to appeal or oppose an appeal or for any other originating proceeding | 191.00 |
2 | To make or oppose an interlocutory application or motion to the Court or a Judge or an officer of the Court | 85.00 |
3 | For a case for opinion of counsel or for counsel to advise (including attendance on counsel with brief) | 83.00 |
4 | For an interrogatory, answer to an interrogatory or an affidavit (except a formal affidavit), an admission or a list of documents (and affidavit verifying) | 114.00 |
5 | For brief for
counsel on application in chambers or brief notes for solicitor (if necessary)
| 104.00 |
in respect of items 1 to 5 of this scale, having regard to all the circumstances of the case | any other amounts that the taxing officer considers appropriate | |
6 | For brief for counsel or brief notes for solicitor (if necessary), having regard to all the circumstances of the case | a sum that the taxing officer thinks fit |
7 | For a necessary document not otherwise provided for, having regard to all the circumstances of the case | a sum that the taxing officer thinks fit |
Documents | ||
8 | Any notice of appearance, including copies, filing and service by respondent | 105.00 |
9 |
Any application or notice of motion, including fixing return day, copies to file and serve, and attendance to file | 85.00 |
if more than 3 folios — add for each folio | 6.00 | |
10 | Any simple notice or memorandum such as a notice for discovery, including copies, filing (if necessary) and service | 68.00 |
11 | Notice to produce, notice to admit or any similar notice, including copies, filing (if necessary) and service |
85.00 |
if more than 3 folios — add for each folio | 6.00 | |
12 | A brief to counsel (including a brief to hear judgment) and attending counsel with the brief | 73.00 |
if more than 3 folios — add for each folio | 7.00 | |
For copy documents to accompany brief | the other charges in this scale that are appropriate | |
13 | Any necessary subpoena, including issuing 1 copy to serve and arranging for service | 58.00 |
Drawing | ||
14 |
Any necessary document — for each folio | 8.00 |
Engrossing or Typing | ||
15 | Any necessary document — for each folio | 4.00 |
Copies | ||
16 | Of any document, including carbon, photographic or machine-made copy — for each page | 2.00 |
except if allowance for 10 or more pages is claimed in respect of any document or documents | at the discretion of the taxing officer | |
Perusal | ||
17 | Of any document (if necessary) including special letter, telegram or telex, up to 3 folios | 15.00 |
or per folio | 4.00 | |
except if allowance for 30 or more folios is claimed in respect of any document or documents | at the discretion of the taxing officer | |
18 | If it is not necessary to peruse but it is necessary to scan a document — for each page | 6.00 |
except if allowance for 10 or more pages is claimed in respect of any document or documents | at the discretion of the taxing officer | |
Examination | ||
19 | If it is necessary to neither peruse nor scan a document, eg an examination of an appeal book: | |
for examination — for each half hour | ||
* solicitor | 68.00 | |
* clerk | 15.00 | |
Letters | ||
20 | Short letter — simple form of
letter, | 11.00 |
21 | Ordinary letter, including letter between principal and agent | 22.00 |
22 | Circular letter (after the first) — for each letter | 7.00 |
23 | Special letter or letter including opinion | 46.00 or |
24 | Telegram, facsimile copy, or telex including attendance to dispatch | 58.00 or |
25 | Receiving and filing any incoming letter Note | 7.00 |
Service | ||
26 | Personal service (except if service is able to be claimed under another item of this scale) of any document of which personal service is required |
57.00 or |
27 | Service of any document at the office of the address for service, either by delivery or by post | 15.00 |
Preparation of Appeal Books | ||
28 | Preparation of appeal books, including collating all necessary material, attendances on the printer, general oversight of their preparation in cases where the taxing officer is satisfied it has been done efficiently — for each hour: | |
* solicitor | 123.00 | |
* clerk | 31.00 | |
29 | If appeal books are prepared in a solicitor's office, a sum that the taxing officer considers is just and reasonable, having regard to work and labour properly performed and charges for material used. In exercising his or her discretion, the taxing officer must have regard to commercial rates for copying and binding and is not obliged to apply the photographic or machine-made copy costs otherwise allowable in this scale | |
Attendances | ||
30 | An attendance that is capable of being made by a clerk, such as at the court registry | 31.00 |
31 | An attendance that requires the attendance of a solicitor or managing clerk and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate) — for each quarter hour: | |
* solicitor | 55.00 | |
* managing clerk | 12.00 | |
32 | An attendance for which no other provision is made in this scale | 51.00 |
33 | An attendance by telephone that does not involve the exercise of skill or legal knowledge | 10.00 |
34 | An attendance on counsel: | |
* with brief or papers (if not otherwise provided for) | 32.00 | |
* to appoint a conference or consultation | 32.00 | |
* if appointment made by telephone | 10.00 | |
35 | A necessary conference or consultation with counsel: | |
* if half an hour or less | 85.00 | |
* if over half an hour — for each hour or part of an hour | 123.00 | |
36 | In court or chambers or before the Registrar for hearing without counsel: | |
* for each hour or part of an hour of the hearing | 248.00 | |
* for each hour or part of an hour when likely to be heard, but not heard |
248.00 | |
* not to exceed per day | 1 110.00 | |
37 | In court or chambers or before the Registrar for hearing with counsel: | |
* for each hour or part of an hour of the attendance during the hearing |
201.00 | |
* for each hour or part of an hour of the attendance when likely to be heard, but not heard | 201.00 | |
* not to exceed per day | 912.00 | |
If a person other than a solicitor attends in place of a solicitor: | ||
(a) attendance by a managing clerk: | ||
* for each hour | 85.00 | |
* not to exceed per day | 372.00 | |
(b) attendance by any other clerk: | ||
* for each hour | 45.00 | |
* not to exceed per day | 198.00 | |
38 | To hear judgment | 57.00 |
39 | On taxation of costs: | |
* if a solicitor attends — for each hour or part of an hour | 123.00 | |
* if a clerk attends — for each hour or part of an hour | 31.00 | |
40 | If a solicitor attends at court or chambers for the hearing of an application or appeal, or on conference with counsel, at a distance of more than 50 kilometres from his or her place of business, and it is neither appropriate nor proper for an agent to attend, the taxing officer may allow for each day of absence from the place of business (except a Saturday, Sunday or public holiday) an amount that the taxing officer considers reasonable — not exceeding | 281.00 |
General Care and Conduct | ||
41 | 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 scale, for general care and conduct (if appropriate) including the following: | |
(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 | ||
Counsel's Fees | ||
42 | It is proper for a solicitor to incur an amount for counsel's fees that appears to be fair and reasonable according to the circumstances of the case and the seniority of counsel. The fees incurred may be claimed as a disbursement | |
43 | If a solicitor briefs another solicitor as counsel, when it would be appropriate to brief counsel |
a sum as a counsel's fee that the taxing officer considers just and reasonable having regard to the practice of allowing these fees that is permitted by the Supreme Court Rules of the State or Territory concerned (Order 62, rule 35) |
Corporations Act 2001 — Short Form Bill | ||
43A |
The amount as to the costs of obtaining a winding-up order, up to and
including entry and service of the order under section 470 of the
Corporations Act 2001 and the obtaining of a certificate of taxation |
2 602.00 |
Bankruptcy Act 1966 — Short Form Bills | ||
43B |
Short form amount that may be claimed by an applicant on the making of a sequestration order | 1 668.00 |
43C | Short form amount that may be claimed by an applicant on the dismissal of a petition | 1 437.00 |
Witnesses' Expenses | ||
44 | Witnesses called because of their professional, scientific or other special skill or knowledge — for each day |
147.00 to 727.00 |
45 | Witnesses called, other than those covered in item 44 — for each day | 85.00 to 136.00 |
46 | Witnesses remunerated in their occupation by wages, salary or fees | the amount lost by attendance at Court |
47 | If a witness lives more than 50 kilometres from the Court | a sum that the taxing officer considers reasonable for the actual cost of travel, together with a reasonable amount for meals and accommodation |
Disbursements | ||
48 | All court fees and other fees and payments | to the extent to which they have been properly and reasonably incurred and paid |
49 | If a solicitor attends at court or chambers, or on conference with counsel, in the circumstances outlined in item 40 | reasonable travelling expenses to the extent to which they have been reasonably incurred and paid |
Miscellaneous | ||
50 | Matters not included in this scale may be allowed to the extent they are covered by Order 62, rule 21 | |
Note 1 | ||
Note 2 | ||
[9] Further amendments — Schedule 1
The following provisions are amended by omitting `the First Schedule' and inserting `Schedule 1':
* Order 1, subrules
7 (1) and (1A)
* Order 4, subrule 1 (2)
* Order 5, subrules 5 (2) and 8 (3)
* Order 8, subrule 14 (1)
* Order 8, paragraph 14 (2) (b)
* Order 8, subrule 16 (1)
* Order 8, paragraphs 16 (2) (a) and (3) (b)
* Order 16, subrule 1 (2)
* Order 30, subrule 2 (1)
* Order 30, paragraph 4 (a)
* Order 33, subrules 14 (3) and 15 (2)
* Order 49, subrules 2 (2) and 4 (4)
* Order 51, subrule 1 (3)
* Order 51A, subrule 2 (4)
* Order 52, subrules 4 (1), 12 (1) and 15 (5)
* Order 52, paragraph 29 (5) (a)
* Order 52A, subrules 7 (1) and 11 (3)
* Order 52A, rules 20 and 24
* Order 53, subrules 2 (1) and 7 (2)
* Order 54, subrule 2 (1)
* Order 54A, subrules 2 (1) and 3 (2)
* Order 57, subrules 1 (1) and (2)
* Order 65, paragraph 1 (a)
* Order 65, subrule 2 (2)
* Order 65, paragraph 2 (4) (b)
* Order 67, rules 2, 3 and 4
* Order 69, subrules 4 (9), 5 (2), 9 (1), 9 (3) and
20 (3)
* Order 70, subrules 2 (1) and 3 (1)
* First Schedule, Form 167, item 12
* First Schedule, Form 168, item 10.