Commonwealth Numbered Regulations

1983 No. 264 FEDERAL COURT RULES (AMENDMENT) - SCHEDULE 2

SECOND SCHEDULE
Rule 2 Costs allowable in respect of work done and services performed on or
after 8 November 1983 (see order 62, rule 12).
SCALE OF COSTS
$
Item                           Instructions

 1.     to sue or defend or to appeal or oppose an appeal or for any

other originating proceeding . . . . . . . . . . . . . . . . 84.00
 2.      to make or oppose an interlocutory application or motion to

the Court or aJudge or an officer of the Court . . . . . . . 37.00
 3.       for a case for opinion of Counsel or for Counsel to advise

(including attendance on Counsel with brief) . . . . . . . . 36.00
 4.            for interrogatories, answers to interrogatories or an

affidavit (not beinga formal affidavit), admissions or a
list of documents, and affidavit verifying . . . . . . . . . 50.00
 5.        for brief for Counsel on application in Chambers or brief

notes for solicitor (where necessary) . . . . . . . . . . . . 47.00 (or, in
respect of items 1 to 5 of this Scale, such other sums may be allowed as the
taxing officer thinks fit, having regard to all the circumstances of the case)
 6.    for brief for Counsel or brief notes for solicitor (where

necessary); suchfee may be allowed as the taxing officer
thinks fit having regard to all the circumstances of the case
 7.    for a necessary document not otherwise provided for; such

fee may be allowed as the taxing officer thinks fit, having
regard to all the circumstances ofthe case
Documents
 8.            any notice of appearance including copies, filing and

service by respondent . . . . . . . . . . . . . . . . . . . . 48.00
 9.            any application, chambers summons or notice of motion

including fixing return day, copies to file and serve and
attendance to file . . . . . . . . . . . . . . . . . . . . . 37.00
if more than 3 folios-add per folio . . . . . . . . . . . . 3.00
10.             any simple notice or memorandum such as a Notice for

Discovery, including copies, filing (where necessary) and
service . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00
11.            notice to produce, notice to admit or any like notice

including copies, filing (when necessary) and service . . . . 37.00
if more than 3 folios-add per folio . . . . . . . . . . . . 3.00
12.      a brief to Counsel (including a brief to hear judgment) and

attending Counsel therewith . . . . . . . . . . . . . . . . . 32.00
if more than 3 folios-add per folio . . . . . . . . . . . . 4.00
for copy documents to accompany brief; such other charges
in this scale as are appropriate
13.      any necessary subpoena including issuing, one copy to serve

and arranging for service . . . . . . . . . . . . . . . . . . 25.00
Drawing
14.    any necessary document

per folio . . . . . . . . . . . . . . . . . . . . . . . . . 5.00
Engrossing or typing
15.    any necessary document

per folio . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
Copies
16.    of any document including carbon, photographic or machine

made copy
per page . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00
Perusal
17.    of any document (when necessary) including special letter,

telegram or telex
if 3 folios or less . . . . . . . . . . . . . . . . . . . . 10.00
or per folio . . . . . . . . . . . . . . . . . . . . . . . . 2.00
18.    where it is not necessary to peruse but it is necessary to

scan, a document
per page . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00
Examination
19.    where it is neither necessary to peruse nor scan a document,

such as, examination of an appeal book
for examination-per half hour
Solicitor . . . . . . . . . . . . . . . . . . . . . . . . . 30.00
Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00
Letters
20.    short letter-simple form of letter e.g. formal acknowledgment 8.00

21.    ordinary letter-including letters between principal and agent 11.00

22.    circular letter (after the first)-each  . . . . . . . . . . . 4.00

23.    special letter or letter including opinion  . . . . . . . . . 20.00

or such fee may be allowed as is reasonable having regard
to the length of the letter, the questions involved and
appropriate items and charges in this scale
24.       telegram, facsimile copy, or telex including attendance to

dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00
or such fee may be allowed as is reasonable in the
circumstances
25.    receiving and filing any incoming letter  . . . . . . . . . . 4.00

(Postage and transmission fees may be claimed as a
disbursement properly incurred)
Service
26.          personal service (other than where service is claimable

under other items in this scale) of any document of which
personal service is required . . . . . . . . . . . . . . . . 25.00
or such fee may be allowed as is reasonable having regard
to time occupied, distance travelled and other relevant
circumstances
27.         service of any document at the office of the address for

service either bydelivery or by post . . . . . . . . . . . . 10.00
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
per hour
Solicitor . . . . . . . . . . . . . . . . . . . . . . . . . 56.00
Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.00
29.    Where appeal books are prepared in a solicitor's office, the

taxing officer may in his discretion allow such sum as he
thinks just and reasonable havingregard to work and labour
properly performed and charges for material used. In
exercising his discretion the taxing officer shall 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 Schedule.
Attendances
30.         an attendance which is capable of being made by a Clerk,

such as at the Court Registry . . . . . . . . . . . . . . . . 14.00
31.    an attendance which requires the attendance of the solicitor

or his managing clerk and involves the exercise of skill or
legal knowledge (including an attendance to inspect or
negotiate)-per quarter hour
Solicitor . . . . . . . . . . . . . . . . . . . . . . . . . 23.00
Managing Clerk . . . . . . . . . . . . . . . . . . . . . . . 9.00
32.    an attendance for which no other provision is made herein . . 20.00

33.            an attendance by telephone which does not involve the

exercise of skill orlegal knowledge . . . . . . . . . . . . . 7.00
34.    an attendance on Counsel

with brief or papers (where not otherwise provided for) . . 14.00
to appoint a conference or consultation . . . . . . . . . . 14.00
where appointment made by telephone . . . . . . . . . . . . 7.00
35.    a necessary conference or consultation with Counsel

if half an hour or less . . . . . . . . . . . . . . . . . . 37.00
if over half an hour-per hour or part thereof . . . . . . . 56.00
36.    in Court or Chambers or before the Registrar-for a hearing

without Counsel
for each hour or part of an hour of the hearing . . . . . . 110.00
for each hour or part of an hour when likely to be heard
but not heard . . . . . . . . . . . . . . . . . . . . . . . . 110.00
not to exceed per day . . . . . . . . . . . . . . . . . . . . 495.00
37.    in Court or Chambers or before the Registrar-for a hearing

with Counsel
for each hour or part of an hour of the attendance during
the hearing . . . . . . . . . . . . . . . . . . . . . . . . . 90.00
for each hour or part of an hour of the attendance when
likely to be heard but not heard . . . . . . . . . . . . . . 90.00
not to exceed per day . . . . . . . . . . . . . . . . . . . . 405.00
if a person other than a solicitor attends in place of a
solicitor, for eachhour

   (a)  Managing Clerk . . . . . . . . . . . . . . . . . . . . 37.00
not to exceed per day . . . . . . . . . . . . . . . . . . . 166.00

   (b)  any other Clerk . . . . . . . . . . . . . . . . . . . 20.00
not to exceed per day . . . . . . . . . . . . . . . . . . . 90.00
38.    to hear judgment  . . . . . . . . . . . . . . . . . . . . . . 24.00

39.    on taxation of costs

if a solicitor attends-per hour or part of an hour . . . . . 56.00
if a clerk attends-per hour or part of an hour . . . . . . . 14.00
40.         where the 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 fifty kilometres from
his place of business when it is neither appropriate
norproper for an agent to attend, the taxing officer may
allow for each day of absence from place of business, not
being a Saturday, Sunday or public holiday such amount as
the taxing officer thinks reasonable not exceeding . . . . . 125.00
General care and conduct
41.    where the case or circumstances warrant it, an allowance may

be claimed under this item, in addition to any item which
appears in this scale, for general care and conduct (where
appropriate) including:

   (a)  the complexity of the matter and the difficulty and
novelty of the questions raised or any of them

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

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

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

   (e)  the time expended by the solicitor

   (f)  research and consideration of questions of law and
fact
Counsel's Fees
42.    it shall be proper for a solicitor to incur such Counsel's

fees as appear to be fair and reasonable according to the
circumstances of the case and the seniority of Counsel and
such Counsel's fees may be claimed as a disbursement
43.    where a solicitor briefs another solicitor as Counsel, when

it would be appropriate to brief Counsel, the taxing officer
may allow such sum as a Counsel's fee as the taxing officer
thinks just and reasonable having regard to the practise of
allowing such fees as are permitted by the Supreme Court
Rules of the State or Territory concerned (Order 62, rule 35)
Witnesses' Expenses
44.       witnesses called because of their professional, scientific

or other special skill or knowledge per day . . . . . . . . . 65.00
    to                                                        324.00

45.       witnesses called, other than those covered in Item 44, per

day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36.00
    to                                                         60.00

46.    witnesses remunerated in their occupation by wages, salary

or fees; the amount lost by attendance at Court
47.    where the witness resides more than 50 kilometres from the

Court, such sumas the taxing officer thinks reasonable for
the actual cost of conveyance, together with a reasonable
amount for sustenance or maintenance
Disbursements
48.    all Court fees and other fees and payments to the extent to

which they have been properly and reasonably incurred and
paid shall be allowed
49.    where a Solicitor attends at Court or Chambers, or on

conference with Counsel, in the circumstances outlined in
Item 40, the taxing officer may allow reasonable travelling
expenses to the extent to which they have been reasonably
incurred and paid
Miscellaneous
50.    matters not included in this scale to the extent they are

covered by Order62, rule 21.
bills of costs prepared in accordance with Order 62, rule 40
shall identify costs and disbursements claimed with an item
number
a folio comprises 72 words; there are generally 3 folios to
each page