Commonwealth Numbered Regulations

1986 No. 61 FEDERAL COURT RULES (AMENDMENTS) - RULE 10

10. (1) Notwithstanding sub-rule 10 (2) herein, the Schedule omitted from the
Federal Court Rules by sub-rule 10 (2) shall continue to apply in relation to
all work done and service performed prior to the commencement of these rules.

(2) The Federal Court Rules are amended by omitting the Second Schedule and
substituting the following Schedule:
SECOND SCHEDULE
Costs allowable in respect of work done and services performed on or after 1
May 1986 (see order 62, rule 12).
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Item                           Scale of Costs

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

other originating proceeding ................................. 90.00
 2.    to make or oppose an interlocutory application or motion to the

Court or a Judge or an officer of the Court .................. 40.00
 3.    for a case for opinion of Counsel or for Counsel to advise

(including attendance on Counsel with brief) ................. 39.00
 4.    for interrogatories, answers to interrogatories or an affidavit

(not being a formal affidavit), admissions or a list of
documents, and affidavit verifying ........................... 54.00
 5.    for brief for Counsel on application in Chambers or brief notes

for solicitor (where necessary) (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) .................................................... 50.00
 6.    for brief for Counsel or brief notes for solicitor (where

necessary); such fee 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 of the case
Documents
 8.    any notice of appearance including copies, filing and service

by respondent ................................................ 51.00
 9.    any application or notice of motion including fixing return

day, copies to file and serve and attendance to file ......... 40.00
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 ....... 33.00
 11.   notice to produce, notice to admit or any like notice including

copies, filing (when necessary) and service .................. 40.00
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 .................................. 35.00
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 ........................................ 27.00
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
except that where the allowance for 10 or more pages is
claimed, in respect of any document or documents, costs allowed
for such copies shall be at the discretion of the taxing
officer.
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
except that where allowance for 30 or more folios is claimed,
in respect of any document or documents, costs allowed for
perusal shall be at the discretion of the taxing officer.
 18.   where it is not necessary to peruse but it is necessary to

scan, a document per page .................................... 3.00
except that where allowance for 10 or more pages is claimed,
in respect of any document or documents, costs allowed for
scanning shall be at the discretion of the taxing officer.
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 ................................................. 33.00
Clerk ..................................................... 10.00
Letters
 20.   short letter simple form of letter e.g. formal acknowledgement

............................................................. 8.00
 21.   ordinary letter including letters between principal and agent
12.00
 22.   circular letter (after the first) each .......................
4.00
 23.   special letter or letter including opinion ...................
22.00
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 ..................................................... 27.00
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 ......................................... 27.00
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 by delivery 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 ................................................. 60.00
Clerk ..................................................... 15.00
 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 having regard 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 the Court Registry ........................................ 15.00
 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 .................................................. 25.00
Managing Clerk ............................................. 9.00
 32.   an attendance for which no other provision is made herein ....
22.00
 33.   an attendance by telephone which does not involve the exercise

of skill or legal knowledge .................................. 7.00
 34.   an attendance on Counsel

with brief or papers (where not otherwise provided for) ..... 15.00
to appoint a conference or consultation ..................... 15.00
where appointment made by telephone ......................... 7.00
 35.   a necessary conference or consultation with Counsel

if half an hour or less .................................... 40.00
if over half an hour per hour or part thereof .............. 60.00
 36.   in Court or Chambers or before the Registrar for hearing

without Counsel
for each hour or part of an hour of the hearing ............ 119.00
for each hour or part of an hour when likely to be heard but
not heard .................................................... 119.00
not to exceed per day ........................................ 536.00
 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 ...................................................... 97.00
for each hour or part of an hour of the attendance when
likely to be heard but not heard ............................. 97.00
not to exceed per day ........................................ 437.00
if a person other than a solicitor attends in place of a
solicitor, for each hour

   (a)  Managing Clerk ......................................... 40.00
not to exceed per day ........................................ 180.00

   (b)  any other Clerk ........................................ 21.00
not to exceed per day ........................................ 95.00
 38.   to hear judgment .............................................
26.00
 39.   on taxation of costs

if a solicitor attends per hour or part of an hour .......... 60.00
if a clerk attends per hour or part of an hour .............. 15.00
 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 nor proper 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 ..................................... 134.00
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 practice 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 ..................... 70.00 to 348.00
45.    witnesses called, other than those covered in item 44, per

day .......................................................... 39.00 to 65.00
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 sum as 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 Order 62, 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