Commonwealth Numbered Regulations

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1984 No. 425 FAMILY LAW RULES - ORDER 38 RULE 5

Basic scale of solicitor and client costs-undefended dissolution
5. (1) Subject to rule 12, the basic composite amount that an applicant may be
charged for costs for undefended proceedings for a decree of dissolution of
marriage is-

   (a)  where the solicitor employed another solicitor as agent to instruct
        counsel or to appear personally for the applicant-

        (i)    if there is a child of the marriage who had not attained the
               age of 18 years-$268; or

        (ii)   in any other case-$190; or

   (b)  where the solicitor did not so employ another solicitor-

        (i)    if there is a child of the marriage who had not attained the
               age of 18 years-$330; or

        (ii)   in any other case-$252.

(2) In sub-rule (1) "basic composite amount" means an amount in respect of-

   (a)  time, not exceeding one hour, spent on taking instructions for, and
        preparing, an application in accordance with Form 4 or Form 5;

   (b)  engrossing an application in accordance with Form 4 or Form 5,
        including copies;

   (c)  attendances to have an affidavit sworn, to file an application in
        accordance with Form 4 or Form 5, and have the application set down
        for hearing by a Court;

   (d)  attendances and letters necessary to arrange for service of an
        application in accordance with Form 4 or Form 5, preparation of
        affidavits of service and of proof of signature, and attendances for
        the swearing and filing of the affidavits;

   (e)  conferences with the applicant and any witnesses;

   (f)  time, not exceeding one hour, spent on attendance by a solicitor at
        Court on the hearing of the application;

   (g)  perusing the decree of dissolution of marriage; and

   (h)  all necessary correspondence with the applicant.



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