Commonwealth Numbered Regulations

1995 No. 239 FEDERAL COURT RULES (AMENDMENT) - RULE 24

24.1 Omit the 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      Sale of costs                                       $

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

            appeal or for any other originating proceeding    136.00

  2         to make or oppose an interlocutory application

or motion to the Court of a Judge or an
            officer of the Court                               60.00

  3         for a case for opinion of counsel or for

counsel to advise (including attendance on
            counsel with brief)                                58.00

  4         for interrogatories, answers to interrogatories

or an affidavit (not being a formal affidavit),
admissions or a list of documents, and
            affidavit verifying                                81.00

  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,
any other amounts that may be allowed by
the taxing officer, having regard to all
            the circumstances of the case                      74.00

  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                  75.00

  9         any application or notice of motion including

fixing return day, copies to file and serve and
            attendance to file                                60.00

            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                     48.00

  11        notice to produce, notice to admit or any like

notice including copies, filing (when necessary)
            and service                                       60.00

            if more than 3 folios-add per folio                3.00

  12        a brief to counsel (including a brief to hear

            judgment) and attending counsel with the  brief   52.00

            if more than 3 folios-add per folio                5.00

for copy documents to accompany brief-the
other charges in this scale that are appropriate
  13        any necessary subpoena including issuing one

            copy to serve and arranging for service           41.00

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     11.00

           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
Examination
  19       if it is necessary to neither peruse nor scan a

document, for example, an examination of an appeal book:
for examination-per half hour
           solicitor                                          48.00

           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         35.00

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                    35.00

  24       telegram, facsimile copy, or telex including

           attendance to dispatch                             41.00

or
the fee to be allowed is an amount that is
           reasonable in the circumstances                    41.00

  25       receiving and filing any incoming letter            5.00

(Postage and transmission fees may be
claimed as a disbursement properly incurred)

Service
  26       personal service (except where service is

claimable under other items in this scale) of
any document of which personal service is
           required                                           40.00

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                                          88.00

           clerk                                              22.00

  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            22.00

  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                                         39.00

           managing clerk                                    10.00

  32       an attendance for which no other provision is

           made in this scale                                35.00

  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)                                     22.00

           to appoint a conference or consultation           22.00

           if appointment made by telephone                   8.00

  35       a necessary conference or consultation with counsel:

           if half an hour or less                           60.00

if over half an hour-for each hour or part of
           an hour                                           88.00

  36       in court or chambers or before the Registrar for

hearing without counsel:
for each hour or part of an hour of the hearing 177.00
for each hour or part of an hour when likely to
           be heard but not heard                           177.00

           not to exceed per day                            792.00

  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                    144.00

for each hour or part of an hour of the
attendance when likely to be heard but not heard 144.00
           not to exceed per day                            650.00

if a person other than a solicitor attends in
place of a solicitor-for each hour:
           (a) managing clerk                                60.00

           not to exceed per day                            265.00

           (b) any other clerk                               32.00

           not to exceed per day                            142.00

  38       to hear judgment                                  40.00

  39       on taxation of costs:

if a solicitor attends-per hour or part
           of an hour                                        88.00

           if a clerk attends-per hour or part of an hour    22.00

  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                         200.00

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
appropriate) 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)
Corporations Law 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
Law and the obtaining of a certificate of taxation
additional costs are allowable for any adjournment
in which costs have been reserved by the Court in
accordance with item 36 or item 37, as the
           case may be                                          1854.00

Witnesses Expenses
  44       witnesses called because of their professional,

scientific or other special skill or
           knowledge-per day                                     104.00

to 518.00
  45       witnesses called, other than those covered in

           item 44-per day                                        60.00

to 98.00
  46       witnesses remunerated in their occupation by

wages, salary or fees-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