Commonwealth Numbered Regulations

HIGH COURT RULES (AMENDMENT) 1998 No. 61 - RULE 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                                  157.20

2.   To make or oppose any interlocutory application           69.70

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                157.20

4.   For any pleading (other than a statement of claim)       122.10

5.   To amend any pleading                                     42.10

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

     facts in a matter                                        122.10

7.   For interrogatories, answers to interrogatories,

special affidavits or an affidavit (not being a
     formal affidavit)                                         94.20

8.   For Counsel to advise                                     67.30

9.   For a document not otherwise provided for                 26.60
10. For a brief for Counsel on a hearing or application
     in Court or in Chambers or brief notes for solicitor      87.40

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               72.70

12.  Concurrent Writ of Summons                                26.10

13.  Writ of Subpoena                                          38.00
14. If any of the above writs exceeds 3 folios, for
     each extra folio                                           5.30

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                                        44.70

     - if more than 3 folios, for each extra folio              5.30

APPEARANCES AND NOTICES 16. Preparing and entering an appearance including
duplicate memorandum and Notice of Appearance for
     service                                                   73.50
17. Any necessary or proper notice or memorandum not
     otherwise provided for, or any demand                     24.50

     - if more than 3 folios, for each extra folio              5.30

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                                                  69.70

     - or, per folio                                            9.80
19. Drawing any other document where no other provision
     is made per folio                                          9.60

ENGROSSING
20.  Marking each exhibit to an affidavit                       1.70
21. Engrossing any document
     - per folio                                                3.60

COPIES 22. Of any document including carbon, photographic or
     machine made copy per page                                 1.70

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                       26.00

     - or, per folio                                            3.60

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 examiningan
application or appeal book per quarter hour
     - solicitor                                               26.10

     - clerk                                                    8.60

CORRESPONDENCE 25. Short letter including a formal acknowledgment,
making appointments, forwarding documents without
     comment                                                   12.40
26. Ordinary letter (including letters between principal
     and agent)                                                21.10

27.  Circular letter (after the first) each                     7.00
28. Special letter or letter containing opinion and
including letters of substance between principal
     and agent                                                 34.80

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)                             34.80

or
Such sum as the Taxing Officer thinks reasonable in
the circumstances. 30. Receiving and filing any incoming special letter,
     facsimile, telegram or telex                               1.70

NOTE: Postage and transmission fees may be claimed
as a disbursement properly incurred.
SERVICE 31. Personal service of any process or proceeding where
     necessary                                                 43.30

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                                        38.60


   (b)  Agent's charges
     and such disbursements as may reasonably be incurred.     73.60
33. Service of any document at the office of the address
     for service either by delivery or by post                 14.80

ATTENDANCES 34. An attendance which requires the attendance of a
solicitor
     Per quarter hour                                          41.70
35. An attendance which is capable of being made by a
     clerk                                                     26.00

     - or, per quarter hour                                     6.80
36. Making an appointment or similar attendance by
     telephone                                                 12.40
37. An attendance on counsel:
     - with brief or other papers                              26.50

     - to appoint a conference or consultation                 11.60

38.  A conference or consultation with counsel                 69.70

     - or, per half hour                                       52.60

39.  On a summons or other application in Chambers             39.30

     - or, per half hour                                       69.70
40. In Court or in Chambers instructing counsel on any
hearing or application.
     - If a solicitor attends, per hour                       167.70

or
     - If a clerk attends, per hour                            69.80
41. On an application or appearance before a Registrar
     or a Taxing Officer                                       87.40

or
     - Per hour                                               104.70

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                                          45.70
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                      350.50
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                                    783.00

45.  An attendance for which no other provision is made        34.80

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                                              113.30

     - clerk                                                   37.80
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                                                   637.70
50. Witnesses called, other than those covered in item 49.
     Per day                                                    67.30
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.