Commonwealth Numbered Regulations

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1984 No. 425 FAMILY LAW RULES - ORDER 38 RULE 6

Basic scale of solicitor and client costs-proceedings for orders under section 74, 78, 79 or 83 of the Act
6. (1) Subject to rules 11 and 12, the basic composite amount that an
applicant may be charged for costs for proceedings in which an order is sought
under section 74, 78, 79 or 83 of the Act in a Family Court or the Supreme
Court of a Territory is-

   (a)  where the solicitor employed another solicitor as agent to instruct
        counsel or to appear personally for the applicant-$196; or

   (b)  in any other case-$258.

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

   (a)  time, not exceeding one and half hours, spent on taking instructions
        for, and preparing, the application and affidavit;

   (b)  engrossing not more than 4 pages of the application and affidavit,
        including copies;

   (c)  time, not exceeding 20 minutes, spent with the client to read over and
        discuss the application and affidavit and swear the affidavit;

   (d)  attendance at a court office to file the application, affidavit and
        other necessary documents and have the application set down for
        hearing;

   (e)  2 letters necessary to arrange service of the application and
        affidavit and to advise the client of the date of the hearing;

   (f)  perusing the report on service of the application and of the affidavit
        of service;

   (g)  time, not exceeding 30 minutes, spent on attendances on respondent's
        solicitor; and

   (h)  time, not exceeding one hour, spent on attendances by a solicitor at
        court on the hearing of the application.



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