Commonwealth Numbered Regulations

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1989 No. 65 FAMILY LAW RULES (AMENDMENT) - RULE 9

Party and party costs-counsel's fees
9. Rule 13 of Order 38 of the Family Law Rules is amended:
(a) by omitting from paragraph (b) "fair and reasonable" and substituting

"in accordance with these Rules";

   (b)  by adding at the end the following subrules:

"(2) On the taxation of costs in respect of proceedings, counsel's fees shall
not include a reading fee except in relation to a case of great complexity or
with very voluminous material.

"(3) Subject to subrule (4), there shall not be allowed in respect of
counsel's fees on the taxation of costs in respect of proceedings an amount
that exceeds the amount calculated in accordance with Schedule 2 or the amount
in accordance with any relevant provision of this Order, as the case requires.

"(4) In respect of proceedings before a court of summary jurisdiction,
counsel's fees shall not be allowed on the taxation of costs in respect of a
matter referred to in Part II in Schedule 2, other than a matter referred to
in item 13 or 14 in that Part.

"(5) Where, in respect of the appearance of counsel at the hearing of
proceedings on a day, there is allowed on taxation a daily fee in accordance
with Schedule 2, no additional amount shall be allowed by way of party and
party costs in respect of work done by counsel in relation to those
proceedings on that day.". 


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