Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 63.01

Interpretation

    (1)     In this Order, unless the contrary intention appears:

"administrative assistant "means a person other than a solicitor, law clerk, graduate clerk or legal secretary.

"Appendix" means the appendix to this Order.

"bill" means a bill of costs, an account, or a statement of charges.

"clerk "means an administrative assistant, graduate clerk, law clerk or legal secretary.

"costs" includes disbursements.

"graduate clerk "means a person who holds a law degree but is not admitted to the legal profession.

"indemnity basis", in relation to the taxing of costs, is the basis on which costs are taxed in accordance with rule 63.27.

"law clerk "means a person who does not hold a law degree but has sufficient experience to be able to conduct legal matters with minimal supervision by a solicitor.

"legal secretary "means a person who has particular experience and skills in legal secretarial work and is capable of preparing and formatting legal documents on the instructions of a solicitor.

"party" includes:

        (a)     a person, not a party to the proceeding, by or to whom costs in respect of a proceeding are payable by or under an Act, these Rules or an order of the Court; or

        (b)     in the case of a proceeding in another court or before a tribunal or an arbitration, a person, whether or not a party to the proceeding or arbitration, by or to whom costs in respect of the proceeding or arbitration are payable where by or under an Act, these Rules or an order of the Court the costs are to be taxed in the Court.

"standard basis", in relation to the taxing of costs, is the basis on which costs are taxed in accordance with rule 63.26.

"taxed costs" means costs taxed in accordance with this Order.

"Taxing Master" means the Associate Judge or the Registrar, or another officer of the Court so directed under subrule (3) by the Taxing Master, conducting a taxation of costs under this Order.

"trustee" includes an executor of a will and an administrator of the estate of a deceased person.

    (2)     In this Order, unless the contrary intention appears:

        (a)     a reference to a fund, being a fund out of which costs are to be paid, or being a fund held by a trustee, includes a reference to property held for the benefit of a person or class of persons (including the assets of a company in liquidation) or held on trust for any purpose; and

        (b)     a reference to a fund held by a trustee includes a reference to other property to which the trustee is entitled as trustee, whether alone or together with another person and whether or not the property is for the time being in the possession of the trustee.

    (3)     The Associate Judge may direct an officer of the Court to conduct a taxation of costs under this Order but an officer so directed shall not conduct such a taxation if a party to the taxation, or a party's solicitor, objects to the officer conducting the taxation.



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