Commonwealth Numbered Regulations

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1984 No. 425 FAMILY LAW RULES - ORDER 38 RULE 9

Charges in addition to basic composite amount
9. (1) Subject to rules 4, 10 and 17, where a solicitor charges a basic
composite amount for work done for proceedings referred to in rules 5, 6, 7 or
8 and the work so done is not work in relation to which sub-rule (2) or (3)
applies, the solicitor may not make another charge for doing that work.

(2) Where-

   (a)  a solicitor charges a basic composite amount referred to in rules 5,
        6, 7, or 8 for work done for proceedings; and

   (b)  the solicitor does work for the proceedings that is not of a kind
        referred to in that rule, the solicitor may charge an amount
        calculated in accordance with the scale of costs in Schedule 2 for the
        work referred to in paragraph (b).

(3) Where-

   (a)  a solicitor charges a basic composite amount referred to in rule 5, 6,
        7 or 8 for work done for proceedings; and

   (b)  the solicitor does-

        (i)    work of a kind referred to in that rule for a time in excess of
               the time referred to in that rule; or

        (ii)   a quantum of work of a kind referred to in that rule that is in
               excess of the quantum referred to in that rule, the solicitor
               may charge an amount calculated in accordance with the scale of
               costs in Schedule 2 for the work referred to in paragraph (b). 


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