Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 19.52

Lawyer as counsel — assessment of fees
(1)
This rule applies to party and party costs for fees paid or to be paid to a lawyer engaged as counsel.

(2)
The Registrar may allow the costs of engaging more than one counsel, including counsel who is not Queen's Counsel or Senior Counsel.

(3)
If:

(a)
counsel is engaged to attend at a trial; and

(b)
the trial takes more than one day;

the Registrar may allow a fee in accordance with Part 2 of Schedule 3 for each further day or part of a day.

(4)
The Registrar must not allow:

(a)
a fee paid to counsel as a retainer;

(b)
a reading fee, unless:

(i)
the case is unusually complex; or
(ii)
the amount of material involved is particularly large;
(c)
for a case before a court of summary jurisdiction — an amount for counsel's fees, other than in accordance with item 203 or 204 of Schedule 3; or

(d)
if a daily fee for counsel's attendance is payable in accordance with Part 2 of Schedule 3 — an additional amount for work done for the case by counsel on any day for which the daily fee applies.



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