Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.45

Waiting and travelling time
(1)
Subrule (2) applies if:

(a)
a lawyer has travelled less than 100 kilometres from the lawyer's place of business to attend court; and

(b)
it is not appropriate or proper for an agent to attend court instead of the lawyer.

(2)
The lawyer may charge an amount for time reasonably spent attending a court event if the lawyer was:

(a)
at court waiting for the court event to start or resume after the time allocated; or

(b)
travelling to or from court.

(3)
A lawyer who attends court for the hearing of 2 or more cases may charge, for each case, an amount that is reasonable, having regard to the time spent at each hearing:

(a)
travelling to or from court; or

(b)
waiting for each hearing to start or resume.

(4)
The total amount that may be charged under this rule for all cases must not be more than the amount that may be charged under Part 1 of Schedule 3 for one case.

Note 1
The lawyer may charge a higher amount in certain circumstances (see subrule 19.12 (3)).
Note 2
This rule applies unless the court orders otherwise (see rule 1.12).



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