Instructions

1

To sue or defend, to appeal or oppose an appeal or for any other originating proceeding

262

2

To make or oppose an interlocutory application or motion to the Court or a Judge or an officer of the Court

118

3

For a case for opinion of counsel or for counsel to advise (including attendance on counsel with brief)

113

4

For an interrogatory, answer to an interrogatory or an affidavit (except a formal affidavit), an admission or a list of documents (and affidavit verifying)

158

5

For brief for counsel on application in chambers or brief notes for solicitor (if necessary)

or

143

in respect of items 1 to 5 of this scale, having regard to all the circumstances of the case

any other amounts that the taxing officer considers appropriate

6

For brief for counsel or brief notes for solicitor (if necessary), having regard to all the circumstances of the case

a sum that the taxing officer thinks fit

7

For a necessary document not otherwise provided for, having regard to all the circumstances of the case

a sum that the taxing officer thinks fit

Documents

8

Any notice of appearance, including copies, filing and service by respondent

144

9

Any application or notice of motion, including fixing return day, copies to file and serve, and attendance to file

118

if more than 3 folios -- add for each folio

8

10

Any simple notice or memorandum such as a notice for discovery, including copies, filing (if necessary) and service

94

11

Notice to produce, notice to admit or any similar notice, including copies, filing (if necessary) and service

118

if more than 3 folios -- add for each folio

8

12

A brief to counsel (including a brief to hear judgment) and attending counsel with the brief

100

if more than 3 folios -- add for each folio

9

For copy documents to accompany brief

the other charges in this scale that are appropriate

13

Any necessary subpoena, including issuing 1 copy to serve and arranging for service

79

Drawing

14

Any necessary document -- for each folio

12

Engrossing or Typing

15

Any necessary document -- for each folio

5

Copies

16

Of any document, including carbon, photographic or machine‑made copy -- for each page

2

except if allowance for 10 or more pages is claimed in respect of any document or documents

at the discretion of the taxing officer

Perusal

17

Of any document (if necessary) including special letter, telegram or telex, up to 3 folios

21

or per folio

5

except if allowance for 30 or more folios is claimed in respect of any document or documents

at the discretion of the taxing officer

18

If it is not necessary to peruse but it is necessary to scan a document -- for each page

8

except if allowance for 10 or more pages is claimed in respect of any document or documents

at the discretion of the taxing officer

Examination

19

If it is necessary to neither peruse nor scan a document, eg an examination of an appeal book:

for examination -- for each half hour

*      solicitor

94

*      clerk

21

Letters

20

Short letter -- simple form of letter, eg formal acknowledgment

15

21

Ordinary letter, including letter between principal and agent

30

22

Circular letter (after the first) -- for each letter

9

23

Special letter or letter including opinion

64

or

an amount that is reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this scale

24

Telegram, facsimile copy, or telex including attendance to dispatch

79

or

an amount that is reasonable in the circumstances

25

Receiving and filing any incoming letter

Note    Postage and transmission expenses may be claimed as a disbursement properly incurred.

9

Service

26

Personal service (except if service is able to be claimed under another item of this scale) of any document of which personal service is required

78

or

an amount that is reasonable, having regard to time occupied, distance travelled and other relevant circumstances

27

Service of any document at the office of the address for service, either by delivery or by post

21

Preparation of Appeal Books

28

Preparation of appeal books, including collating all necessary material, attendances on the printer, general oversight of their preparation in cases where the taxing officer is satisfied it has been done efficiently -- for each hour:

*      solicitor

171

*      clerk

42

29

If appeal books are prepared in a solicitor's office, a sum that the taxing officer considers is just and reasonable, having regard to work and labour properly performed and charges for material used. In exercising his or her discretion, the taxing officer 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 this scale

Attendances

30

An attendance that is capable of being made by a clerk, such as at the court registry

42

31

An attendance that requires the attendance of a solicitor or managing clerk and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate) -- for each quarter hour:

*       solicitor

76

*       managing clerk

16

32

An attendance for which no other provision is made in this scale

70

33

An attendance by telephone that does not involve the exercise of skill or legal knowledge

14

34

An attendance on counsel:

*        with brief or papers (if not otherwise provided for)

43

*        to appoint a conference or consultation

43

*        if appointment made by telephone

14

35

A necessary conference or consultation with counsel:

*        if half an hour or less

118

*        if over half an hour -- for each hour or part of an hour

170

36

In court or chambers or before the Registrar for hearing without counsel:

*        for each hour or part of an hour of the hearing

340

*        for each hour or part of an hour when likely to be heard, but not heard

340

*        not to exceed per day

1 530

37

In court or chambers or before the Registrar for hearing with counsel:

*        for each hour or part of an hour of the attendance during the hearing

276

*        for each hour or part of an hour of the attendance when likely to be heard, but not heard

276

*        not to exceed per day

1 242

If a person other than a solicitor attends in place of a solicitor:

          (a)  attendance by a managing clerk:

           *    for each hour

118

           *    not to exceed per day

511

          (b)  attendance by any other clerk:

           *    for each hour

63

           *    not to exceed per day

272

38

To hear judgment

78

39

On taxation of costs:

*        if a solicitor attends -- for each hour or part of an hour

170

*        if a clerk attends -- for each hour or part of an hour

43

40

If a solicitor attends at court or chambers for the hearing of an application or appeal, or on conference with counsel, at a distance of more than 50 kilometres from his or her place of business, and it is neither appropriate nor proper for an agent to attend, the taxing officer may allow for each day of absence from the place of business (except a Saturday, Sunday or public holiday) an amount that the taxing officer considers reasonable -- not exceeding

388

General Care and Conduct

41

If the case or circumstances warrant it, an allowance may be claimed under this item, in addition to any other item that appears in this scale, for general care and conduct (if appropriate) including the following:

a percentage of the total amount of the allowed costs excluding disbursements

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

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

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

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

          (e)  the time taken by the solicitor;

          (f)  research and consideration of questions of law and fact

Counsel's Fees

42

It is proper for a solicitor to incur an amount for counsel's fees that appears to be fair and reasonable according to the circumstances of the case and the seniority of counsel. The fees incurred may be claimed as a disbursement

43

If a solicitor briefs another solicitor as counsel, when it would be appropriate to brief counsel

a sum as a counsel's fee that the taxing officer considers just and reasonable having regard to the practice of allowing these fees that is permitted by the

 Supreme Court Rules of the State or Territory concerned (Order 62, rule 35)

Corporations Act 2001 -- Short Form Bill

43A

The amount as to the costs of obtaining a winding‑up order, up to and including entry and service of the order under section 470 of the Corporations Act 2001 and the obtaining of a certificate of taxation

Additional costs are allowable for any adjournment in which costs have been reserved by the Court in accordance with item 36 or 37, as the case may be

3 579

Bankruptcy Act 1966 -- Short Form Bills

43B

Short form amount that may be claimed by an applicant on the making of a sequestration order

2 294

43C

Short form amount that may be claimed by an applicant on the dismissal of a petition

1 976

Migration Act 1958 -- Short Form Bills

43D

Short form amount, including costs and disbursements, that may be claimed by a party in a standard migration case

5 846

43E

Short form amount, including costs and disbursements, that may be claimed by the respondent in a migration case on dismissal or discontinuance of the case

2 063

43F

Application for leave to appeal or extension of time

1 664

43G

Migration appeal case finalised before a final hearing

3 885

43H

Migration appeal case finalised after a final hearing

6 104

Witnesses' Expenses

44

Witnesses called because of their professional, scientific or other special skill or knowledge -- for each day

202 to 1 000

45

Witnesses called, other than those covered in item 44 -- for each day

118 to 188

46

Witnesses remunerated in their occupation by wages, salary or fees

the amount lost by attendance at Court

47

If a witness lives more than 50 kilometres from the Court

a sum that the taxing officer considers reasonable for the actual cost of travel, together with a reasonable amount for meals and accommodation

Disbursements

48

All court fees and other fees and payments

to the extent to which they have been properly and reasonably incurred and paid

49

If a solicitor attends at court or chambers, or on conference with counsel, in the circumstances outlined in item 40

reasonable travelling expenses to the extent to which they have been reasonably incurred and paid

Miscellaneous

50

Matters not included in this scale may be allowed to the extent they are covered by Order 62, rule 21

Note 1    Bills of costs prepared in accordance with Order 62, rule 40 must identify costs and disbursements claimed with an item number.

Note 2   A folio comprises 72 words (there are generally 3 folios to each page).