Commonwealth Numbered Regulations

1988 No. 9 FAMILY LAW RULES (AMENDMENT) - RULE 8

8. Rule 3 of Order 38 of the Family Law Rules is amended:
(a) by omitting from subrule (2) all the words after "shall not" and
substituting:

"exceed:

   (a)  in the case of work done in relation to proceedings before a court of
        summary jurisdiction-the amount that is not greater than 80% of an
        amount calculated in accordance with the scale of costs in Schedule 2;
        or

   (b)  in any other case-the amount that is not greater than an amount
        calculated in accordance with that scale of costs in that Schedule.";

   (b)  by omitting from paragraph (3) (a) "or";

   (c)  by adding at the end of subrule (3) the following word and paragraph:

"; or (c) drawing or engrossing of documents unless undertaken specifically
for the proceedings."; and

   (d)  by adding at the end the following subrule:

"(5) In calculating an amount payable under item 7 in Schedule 2 in relation
to the preparation of the appeal papers in a solicitor's office, the taxing
officer shall have regard to:

   (a)  the work and labour performed; and

   (b)  commercial rates for copying and binding; but is not obliged, in
        relation to a matter comprised in the preparation, to apply costs
        allowable under any other item in that Schedule.".