Commonwealth Numbered Regulations

1995 No. 108 HIGH COURT RULES (AMENDMENT) - REG 2

2.1 The High Court Rules are amended by omitting the Second Schedule and
substituting the following Schedule:
SECOND SCHEDULE
COSTS Item
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
140.50
2.    To make or oppose any interlocutory application

62.30
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
140.50
4.    For any pleading (other than a statement of claim)

109.10
5.    To amend any pleading

37.70
6.    For a statement of facts or an agreed statement of facts in a

matter
109.10
7.    For interrogatories, answers to interrogatories, special

affidavits or an affidavit (not being a formal affidavit)
84.20
8.    For Counsel to advise                                    60.20

9.    For a document not otherwise provided for                23.80

10.   For a brief for Counsel on a hearing or application

      in Court or in Chambers or brief notes for solicitor     78.10


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                 65.00
12.   Concurrent Writ of Summons                               23.40
13.   Writ of Subpoena                                         34.00
14.   If any of the above writs exceeds 3 folios, for each
      extra folio                                               4.80


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                                       40.00

      - if more than 3 folios, for each extra folio             4.80


APPEARANCES AND NOTICES

16.   Preparing and entering an appearance including duplicate
      memorandum and Notice of Appearance for service          65.70
17.   Any necessary or proper notice or memorandum not
      otherwise provided for, or any demand                    21.90
      - if more than 3 folios, for each extra folio             4.80


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  62.30
      - or, per folio                                            8.80
19.   Drawing any other document where no other provision is made
per folio 8.60

ENGROSSING

20.   Marking each exhibit to an affidavit                       1.50
21.   Engrossing any document
      - per folio                                                3.20


COPIES

22.   Of any document including carbon, photographic or
      machine made copy per page                                 1.50
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                       23.30
      - or, per folio                                            3.20
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                                               23.40

      - clerk                                                    7.70


CORRESPONDENCE

25.   Short letter including a formal acknowledgment,
making appointments, forwarding documents without
      comment                                                  11.10

26.   Ordinary letter (including letters between principal

      and agent)                                               18.90

27.   Circular letter (after the first) each                    6.30

28.   Special letter or letter containing opinion and

including letters of substance between principal
      and agent                                                31.10

or
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)                            31.10

or
Such sum as the Taxing Officer thinks reasonable in the
circumstances.
30.   Receiving and filing any incoming special letter,

      facsimile, telegram or telex                              1.50


NOTE: Postage and transmission fees may be claimed as
a disbursement properly incurred.

SERVICE

31.   Personal service of any process or proceeding where
      necessary                                                38.70
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                                      34.50

      (b)  Agent's charges                                     65.80

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                13.30


ATTENDANCES

34.   An attendance which requires the attendance of a solicitor
      Per quarter hour                                         37.30
35.   An attendance which is capable of being made by a clerk  23.30
      - or, per quarter hour                                    6.10
36.   Making an appointment or similar attendance by telephone 11.10
37.   An attendance on counsel:
      - with brief or other papers  .                          23.70
      - to appoint a conference or consultation                10.40
38.   A conference or consultation with counsel                62.30
      - or, per half hour                                      47.00
39.   On a summons or other application in Chambers            35.10
      - or, per half hour                                      62.30
40.   In Court or in Chambers instructing counsel on any
hearing or application.
      - If a solicitor attends, per hour                      150.00

or
      - If a clerk attends, per hour                           62.40

41.   On an application or appearance before a Registrar or

      a Taxing Officer                                         78.10

or
      - Per hour                                               93.60


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                                         40.80

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                     313.40

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                                  700.20

45.   An attendance for which no other provision is made      31.10


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                                            101.30

      - clerk                                                 33.80

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                                                 570.20

50.   Witnesses called, other than those covered in item 49.

      Per day                                                  60.20

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.