Commonwealth Numbered Regulations

1986 No. 290 HIGH COURT RULES (AMENDMENT) - SCHEDULE

SECOND SCHEDULE
COSTS
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INSTRUCTIONS
 1.    To sue or defend, or to make or oppose an application for

special leave to appeal, or to appeal, or oppose an appeal or
to cross-appeal, or for any other originating proceedings .... 97.60
 2.    To make or oppose any interlocutory application ..............
43.30
 3.    For a special case, case stated or reservation of question of

law for the consideration of a Full Court, or for a statement
of claim or a petition ....................................... 97.60
 4.    For any pleading (other than a statement of claim) ...........
75.90
 5.    To amend any pleading ........................................
26.20
 6.    For a statement of facts or an agreed statement of facts in a

matter ....................................................... 75.90
 7.    For interrogatories, answers to interrogatories, special

affidavits or an affidavit (not being a formal affidavit) .... 58.40
 8.    For Counsel to advise ........................................
41.80
 9.    For a document not otherwise provided for ....................
16.60
10.    For a brief for Counsel on a hearing or application in Court or

in Chambers or brief notes for solicitor ..................... 54.30
NOTE: Instructions are not to be allowed where the work
intended to be included therein is charged for and allowed in
detail. Instead of the above costs for instructions, such
larger sum may be claimed as is reasonable in all the
circumstances of the case, and is allowed on taxation at the
discretion of the Taxing Officer.
WRITS
11.    Writ of Summons for the commencement of an action or other writ

not specifically provided for ................................ 45.20
12.    Concurrent Writ of Summons ...................................
16.30
13.    Writ of Subpoena .............................................
23.60
14.    If any of the above writs exceeds 3 folios, for each extra

folio ........................................................ 3.40
NOTE: These costs include all endorsements, and copies (for the
officers sealing them) and attendances to issue or seal, but
not the Court fees.
SUMMONSES AND MOTIONS
15.    Any Chamber Summons or motion, including preparation, copies

and attendance to issue, including attendance to fix return
date ......................................................... 27.80
- if more than 3 folio, for each extra folio ............... 3.40
APPEARANCES AND NOTICES
16.    Preparing and entering an appearance including duplicate

memorandum and Notice of Appearance for service ............. 45.70
17.    Any necessary or proper notice or memorandum not otherwise

provided for, or any demand .................................. 15.20
- if more than 3 folios, for each extra folio .............. 3.40
NOTE: This provision shall not apply to short notices or
memoranda endorsed on other documents but the words or folios
therein may be allowed as part of the documents so endorsed.
DRAWING
18.    Drawing any pleading or affidavit not exceeding 5 folios .....
43.30
- or, per folio ............................................. 6.20
19.    Drawing any other document where no other provision is made

- per folio ................................................. 6.00
ENGROSSING
20.    Marking each exhibit to an affidavit .........................
1.20
21.    Engrossing any document

- per folio ................................................. 2.20
COPIES
22.    Of any document including carbon, photographic or machine made

copy per page ................................................ 1.20
Except that where the allowance for 10 or more pages is
claimed, in respect of any document, the sum allowed for such
copies shall be at the discretion of the Taxing Officer.
PERUSAL AND EXAMINATION
23.    Perusal of any document including special letter, telegram,

telex or similar document .................................... 16.20
- or, per folio ............................................. 2.20
Except that where an allowance for 30 or more folios is
claimed, in respect of any document, the sum allowed for
perusal shall be at the discretion of the Taxing Officer.
24.    Where it is not necessary to peruse a document, such as,

checking a proof print of, or examining an application or
appeal book.
- per quarter hour
- solicitor ................................................ 16.30
- clerk .................................................... 5.40
CORRESPONDENCE
25.    Short letter including a formal acknowledgement, making

appointments, forwarding documents without comment .......... 7.70
26.    Ordinary letter (including letters between principal and

agent) ....................................................... 13.10
27.    Circular letter (after the first) each .......................
4.30
28.    Special letter or letter containing opinion and including

letters of substance between principal and agent ............. 21.70
Such sum as the Taxing Officer thinks reasonable in the
circumstances.
29.    Telegram, facsimile copy, telex or other document by similar

transmitting process including attendance to dispatch (where
necessary) ................................................... 21.70
or
Such sum as the Taxing Officer thinks reasonable in the
circumstances.
30.    Receiving and filing any incoming special letter, facsimile,

telegram or telex ............................................ 1.20
NOTE: Postage and transmission fees may be claimed as a
disbursement properly incurred.
SERVICE
31.    Personal service of any process or proceeding where necessary

............................................................. 27.00
or
Such sum may be allowed as is reasonable having regard to time
occupied, distance travelled and other relevant circumstances.
32.    When, in consequence of the distance of the party to be served,

it is proper to effect service through an agent, instead of the
allowance for service for:

   (a)  Correspondence ........................................ 24.00

   (b)  Agent's charges ....................................... 45.70
and such disbursements as may reasonably be incurred.
33.    Service of any document at the office of the address for

service either by delivery or by post ........................ 9.20
ATTENDANCES
34.    An attendance which requires the attendance of a solicitor

- per quarter hour .......................................... 25.90
35.    An attendance which is capable of being made by a clerk ......
16.20
- or per quarter hour ....................................... 4.10
36.    Making an appointment or similar attendance by telephone .....
7.70
37.    An attendance on counsel:

- with brief or other papers ............................... 16.50
- to appoint a conference or consultation ................... 7.20
38.    A conference or consultation with counsel ....................
43.30
- or, per half hour ......................................... 32.60
39.    On a summons or other application in Chambers ................
24.50
- or, per hour .............................................. 43.30
40.    In Court or in Chambers instructing counsel on any hearing or

application.
If a solicitor attends, per hour ............................ 104.30
or
If a clerk attends, per hour ................................. 43.40
41.    On an application or appearance before a Registrar or a Taxing

Officer ...................................................... 54.30
or
Per hour .................................................... 65.10
NOTE: Instead of the above costs for attendances, such larger
sum may be claimed as is reasonable in all the circumstances of
the case, and is allowed on taxation at the discretion of the
Taxing Officer.
42.    To hear judgment .............................................
28.30
43.    When in the opinion of the Taxing Officer it is necessary for

two solicitors, or a solicitor and a clerk to attend on a
hearing such additional allowance as the Taxing Officer thinks
reasonable shall be made not exceeding per day ............... 217.80
44.    Where the Taxing Officer is satisfied that a solicitor has his

principal place of practice in a place other than that in which
the Court is sitting, and it is necessary for him to leave that
place to attend in Court or in Chambers at the hearing of an
appeal, application, or cause, an allowance (in addition to
reasonable travelling expenses) may be made for each day that
he is necessarily absent from his principal place of practice
of such amount that the Taxing Officer thinks reasonable having
regard to such other charges as the solicitor may be entitled
to make in the matter. Not exceeding per day ................. 486.70
45.    An attendance for which no other provision is made  ..........
21.70
PREPARATION OF APPEAL AND APPLICATION BOOKS
46.    Preparation of appeal and application books including collating

all necessary material, all necessary attendances and general
oversight of their preparation in cases where the Registrar is
satisfied it has been done efficiently, per hour:
Solicitor ................................................... 70.40
Clerk ....................................................... 23.50
47.    Where appeal or application books are prepared in a solicitor's

office, the Taxing Officer may in his discretion allow such sum
as he thinks just and reasonable having regard to work and
labour properly performed and charged for material used. In
exercising his discretion the Taxing Officer shall 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 this scale.
GENERAL CARE AND CONDUCT
48.    The Taxing Officer may, where the case or circumstances warrant

it, allow an amount to be claimed under this item, in addition
to any item which appears in this scale, for general care and
conduct. In exercising his discretion the Taxing Officer may
have regard to any matters which he considers relevant
including:

   (a)  the complexity of the matter and the difficulty and
novelty of the questions raised or any of them;

   (b)  the importance of the matter to the party and the amount
involved;

   (c)  the skill, labour, specialised knowledge and
responsibility involved therein on the part of the solicitor;

   (d)  the number and importance of the documents prepared or
perused without regard to length;

   (e)  the time expended by the solicitor;

   (f)  research and consideration of questions of law and fact.
WITNESSES EXPENSES
49.    Witnesses called because of their professional, scientific or

other special skill or knowledge.
Per day ..................................................... 396.30
50.    Witnesses called, other than those covered in item 49.

Per day ..................................................... 41.80
51.    Witnesses remunerated in their occupation by wages, salary or

fees, the amount lost by attendance at Court.
52.    Where the witness resides more than 50 kilometres from the

Court, such sum as the Taxing Officer thinks reasonable for the
actual cost of conveyance, together with a reasonable amount
for sustenance or maintenance.
53.    The Taxing Officer may also allow such amount as he thinks

reasonable and properly incurred and paid to witnesses for
qualifying to give skilled evidence.
54.    Notwithstanding anything in the scale, the Taxing Officer may

allow to an expert witness a special fee for attendance at
Court not covered by the foregoing paragraphs of this item when
the witness is acting as an expert in assisting counsel or a
solicitor for a period during the trial or hearing. The scale
in this item does not affect the existing practice of allowing
qualifying fees to witnesses.
DISBURSEMENTS
55.    All Court fees, counsel's fees and other fees and payments to,

the extent to which they have been properly and reasonably
incurred and paid, shall be allowed.
56.    The remuneration allowed to a solicitor shall be governed by

the foregoing scale but in special cases the Taxing Officer may
in his discretion allow such additional charges or
disbursements as he considers reasonable.
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