Commonwealth Numbered Regulations

1988 No. 217 THE FEDERAL COURT RULES (AMENDMENTS) - RULE 4

4. (1) Notwithstanding subrule 4 (2) herein, the Schedule omitted from the
Federal Court Rules by subrule 4 (2) shall continue to apply in relation to
all work done and services 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 5 September 1988 (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 .............................. 104.00
 2.     to make or oppose an interlocutory application or motion to

        the Court or a Judge or an officer of the Court  ...........      45
00
 3.     for a case for opinion of Counsel or for Counsel to advise

(including attendance on Counsel with brief) .............. 44.00
 4.     for interrogatories, answers to interrogatories or an

affidavit (not being a formal affidavit), admissions or a
list of documents, and affidavit verifying ................ 63.00
 5.     for brief for Counsel on application in Chambers or brief

notes for solicitor (where necessary) ..................... 57.00
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); 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 ............................................. 58.00
 9.     any application or notice of motion including fixing return

day, copies to file and serve and attendance to file ...... 45.00
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 ................................................... 38.00
11.     notice to produce, notice to admit or any like notice

including copies, filing (when necessary) and service ..... 45.00
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 ............................... 40.00
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 ................................. 32.00
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 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 .............................................. 38.00
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  ................
27.00
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. 32.00
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 ....................................... 32.00
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 ............................................... 69.00
Clerk ................................................... 16.00
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 at the Court Registry .................................. 16.00
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 ............................................... 30.00
Managing Clerk .......................................... 9.00
32.     an attendance for which no other provision is made herein  .
27.00
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) .. 16.00
to appoint a conference or consultation .................. 16.00
where appointment made by telephone ...................... 7.00
35.     a necessary conference or consultation with Counsel

if half an hour or less .................................. 45.00
if over half an hour per hour or part thereof ............ 69.00
36.     in Court or Chambers or before the Registrar for hearing

without Counsel
for each hour or part of an hour of the hearing ......... 136.00
for each hour or part of an hour when likely to be heard
but not heard ............................................. 136.00
not to exceed per day .................................... 612.00
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 ............................................... 111.00
for each hour or part of an hour of the attendance when
likely to be heard but not heard .......................... 111.00
not to exceed per day .................................... 502.00
if a person other than a solicitor attends in place of a
solicitor, for each hour

   (a)  Managing Clerk ..................................... 45.00
not to exceed per day .................................... 205.00

   (b)  any other Clerk .................................... 25.00
not to exceed per day .................................... 109.00
38.     to hear judgment  ..........................................
31.00
39.     on taxation of costs

if a solicitor attends per hour or part of an hour ....... 69.00
if a clerk attends per hour or part of an hour ........... 16.00
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 ........................... 155.00
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 Cousel'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 ................... 80.00
to
400.00 45.     witnesses called, other than those covered in item 44, per

day ........................................................ 45.00
to 75.00
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 may be allowed 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