Commonwealth Numbered Regulations

1992 No. 86 FEDERAL COURT RULES (AMENDMENT) - RULE 3

  3.1   Omit the Second Schedule, substitute:

SECOND SCHEDULE
Order 62, rule 12 COSTS ALLOWABLE IN RESPECT OF WORK DONE AND SERVICES
PERFORMED
Column 1   Column 2                                       Column 3

Item       Scale of costs                                 Amount

$
Instructions
1         to sue or defend or to appeal or oppose an

appeal or for any other originating proceeding
124.00
2         to make or oppose an interlocutory application

or motion to the Court of a Judge or an officer
of the Court
54.00
3         for a case for opinion of counsel or for

counsel to advise (including attendance on
counsel with brief)
4         for interrogatories, answers to interrogatories or

an affidavit (not being a formal affidavit),
admissions or a list of documents, and affidavit
verifying
75.00
5         for brief for counsel on application in

chambers or brief notes for solicitor
(where necessary
68.00
OR
in respect of items 1 to 5 of this scale,
any other amounts that may be allowed by
the taxing officer, having regard to all the
circumstances of the case
6         for brief for counsel or brief notes for

solicitor (where necessary)-the fee to be
allowed is to be a sum that the taxing
officer thinks fit, having regard to all
the circumstances of the case
7         for a necessary document not otherwise

provided for-the fee to be allowed is to be
a sum that 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
69.00
9         any application or notice of motion

including fixing return day, copies to file
and serve and attendance to file if more
than 3 folios-add per folio
54.00
3.00
10        any simple notice or memorandum such

as a notice for discovery, including copies,
filing (where necessary) and service
45.00
11        notice to produce, notice to admit or any

like notice including copies, filing
(when necessary) and service if more than
3 folios-add per
54.00
3.00
12        a brief to counsel (including a brief to

hear judgment) and attending counsel with the
brief if more than 3 folios-add per folio
for copy documents to accompany brief;
the other charges in this scale that are
appropriate
48.00
5.00
13        any necessary subpoena including issuing

1 copy to serve and arranging for service
38.00
Drawing
14        any necessary document per folio

6.00
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, if allowance for 10 or more
pages is claimed in respect of any document
or documents, the costs to be allowed
for the copies are 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
or per folio
2.00
except that, if allowance for 30 or more folios is
claimed in respect of any document or
documents, the costs to be allowed
for perusal are at the discretion of
the taxing officer
18        if it is not necessary to peruse but it is

necessary to scan a document-per page
3.00
except that, if allowance for 10 or more pages
is claimed in respect of any document or
documents, the costs to be allowed
for scanning are at the discretion of the
taxing officer
19        if it is neither necessary to peruse nor scan

a document, for example, an examination of
an appeal book:
for examination-per half hour
          solicitor                                         45.00

clerk 11.00
Letters
20        short letter-simple form of letter

          e.g. formal acknowledgment                         9.00

21        ordinary letter including letters

          between principal and agent                       14.00

22        circular letter (after the first) each             5.00

23        special letter or letter including opinion        32.00

OR
the fee to be allowed is an amount that
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
38.00
OR
the fee to be allowed is an amount that is
reasonable in the circumstances
25        receiving and filing any incoming letter          5.00

(Postage and transmission fees may be claimed as a
disbursement properly incurred)
26        personal service (except where service is

claimable under other items in this scale) of
any document of which personal service is
required
37.00
OR
the fee is to be an amount that 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
11.00
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                                         81.00

          clerk                                             19.00

29        where appeal books are prepared in a

solicitor's office, the taxing officer
may in his or her discretion allow a sum
that he or she thinks 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 Schedule
Attendances
30        an attendance which is capable of being

made by a clerk, such as at the court registry
19.00
31        an attendance which requires the attendance

of the solicitor or managing clerk and
involves the exercise of skill or legal
knowledge (including an attendance to
inspect or negotiate)-per quarter hour:
          solicitor                                        36.00

          managing clerk                                   10.00

32        an attendance for which no other provision

is made in this scale
32.00
33        an attendance by telephone which does not

involve the exercise of skill or legal
knowledge
8.00
34        an attendance on counsel:

with brief or papers (where not otherwise provided
          for)                                             19.00

          to appoint a conference or consultation          19.00

          if appointment made by telephone                  8.00

35        a necessary conference or consultation

with counsel:
          if half an hour or less                          54.00

if over half an hour-for each hour or
          part of an hour                                  81.00

36        in court or chambers or before the Registrar

for hearing without counsel:
for each hour or part of an hour of the
          hearing.                                        162.00

for each hour or part of an hour when
          likely to be heard but not heard                162.00

          not to exceed per day                           727.00

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                   132.00

for each hour or part of an hour of the
attendance when likely to be heard but not
          heard                                           132.00

          not to exceed per day                           597.00

if a person other than a solicitor attends
in place of a solicitor-
for each hour:
          (a)  managing clerk                              54.00

          not to exceed per day                           243.00

          (b)  any other clerk                             29.00

          not to exceed per day                           130.00

38        to hear judgment                                 37.00

39        on taxation of costs:

if a solicitor attends-per hour or part of an
          hour                                             81.00

if a clerk attends-per hour or part of an
          hour                                             19.00

40        if 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 50 kilometres from his or her
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, an amount that the taxing
officer thinks reasonable-not exceeding
184.00
General Care and Conduct
41        if the case or circumstances warrant it,

an allowance may be claimed under this item,
in addition to any item which appears in this scale,
for general care and conduct (where appropriae)
including the following:

   (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 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 expended 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 and the fees incurred 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 a sum as a counsel's fee that the taxing
officer thinks just and reasonable having regard to the
practice of allowing these fees that 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                                               95.00

to 475.00
45        witnesses called, other than those covered

          in item 44-per day                                54.00

to 89.00
46        witnesses remunerated in their occupation by wages,

salary or fee-the amount lost by attendance at Court
47        if the witness resides more than 50 kilometres from the

Court-a sum that 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 must be allowed
49        if 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
must identify costs and disbursements claimed with an item
number a folio comprises 72 words; there are generally 3
folios to each page