Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For subsection 403 (1) of the Act, the schedule of costs set out in Schedule 3.1 is prescribed.
Note 1 Under subsection 403 (2) of the Act, in awarding costs, FWA is not limited to the items of expenditure mentioned in Schedule 3.1 . However, if an item of expenditure is mentioned in Schedule 3.1 , FWA must not award costs for that item at a rate or of an amount in excess of the rate or amount mentioned in Schedule 3.1 for that item.
Note 2 An application for an order for costs must be made in accordance with the procedural rules.
(2) FWA may allow the costs of briefing more than 1 counsel only if FWA certifies that the attendance is necessary.
Note It is likely that certification under subregulation (2) would occur only in relation to a very large or complex case.
(3) If FWA considers it appropriate, a charge in Schedule 3.1 that is applicable to a solicitor is applicable to a person who:
(a) is not a solicitor; but
(b) is mentioned in section 596 of the Act.
Note Section 596 of the Act sets out who may represent a party to a proceeding before FWA.
(4) A bill of costs must identify, by an item number, each cost and disbursement claimed.
(5) I n exercising its discretion under item 1002 of Schedule 3.1 , FWA must have regard to commercial rates for copying and binding, and is not obliged to apply the photographic or machine‑made copy costs otherwise allowable in the Schedule.
(6) In Schedule 3.1 :
" folio " means 72 words.
Note T here are generally 3 folios to a page.