Northern Territory Consolidated Regulations

SUPREME COURT RULES 1987 - REG 63.75

    (1)     In taxing a bill, the Taxing Master may allow a reasonable amount for GST paid or payable on other taxed costs in the bill.

    (2)     For subrule (1), GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

APPENDIX

PART 1

1.     Subject to this Part, solicitors are entitled to charge and be allowed the fees set out in Parts 2 and 3 of this Appendix.

2.     For the purposes of Parts 2 and 3 of this Appendix, a unit is one-tenth of an hour.

3.     The rate per unit, until varied in accordance with paragraph 4 of this Part is as follows:

        (a)     for a solicitor who has held an Australian practising certificate (as defined in section 4 of the Legal Profession Act 2006 ) for:

            (i)     at least 10 years – $35.64; or

            (ii)     at least 5 years but less than 10 years – $32.08; or

            (iii)     at least 2 years but less than 5 years – $27.54; or

            (iv)     less than 2 years – $24.00;

        (b)     for a law clerk – $18.00;

        (c)     for a legal secretary – $14.40;

        (d)     for a graduate clerk – $12.00;

        (e)     for an administrative assistant – $7.20.

4.     The rate per unit shall be that from time to time declared by the Chief Justice by practice directions after considering the recommendation of an Associate Judge who shall, not later than 1 January in each year, calculate and recommend any adjustment to the rate for that year on the following basis:

        (a)     as to 37% of the rate – calculated by multiplying the existing rate by the Consumer Price Index for Darwin; and

        (b)     as to 50% of the rate – calculated by multiplying the existing rate by the Average Weekly Earnings (ordinary time) for Darwin,

where the Consumer Price Index and Average Weekly Earnings are the latest available yearly percentage variations published by the Australian Bureau of Statistics with the resulting rates (rounded off to 2 decimal places for the purposes of recalculating the rate for the following year) rounded off to the nearest dollar.

5.     Except for disbursements, all claims made or allowed in a bill shall be made and if allowed calculated to the nearest dollar.

6.     Letters include making necessary copies and also perusing and considering incoming letters, and no separate charge shall be allowed for the perusal of incoming letters.

7.     The cost of postage, outgoing telephone calls, facsimile messages and other similar outgoings must not be allowed by the Taxing Master except where incurred in unusual circumstances or where the cost is unusually heavy.

8.     The preparation of a document includes all necessary copies.

9.     The fees recoverable under Parts 3 and 4 of this Appendix, when the rate per unit is adjusted in accordance with paragraph 4, shall be increased by the same proportion as the difference between the adjusted rate per unit under this Part and the previous rate per unit bears to the previous rate per unit, rounded off to the nearest dollar.

PART 2 – BASIC SCALE

1.	Time spent by a solicitor on work requiring the application of legal skill, other than where otherwise provided.	Minimum 1 unit
2.	Time spent by a solicitor or clerk on work not requiring the application of legal skill, other than where otherwise provided.	Minimum 1 unit
3.	Travelling and waiting time to apply to charges under item 1 where waiting or travelling time is reasonably incurred.	Minimum 1 unit

PART 3 – NOTES

1.     In this Part:

"clerk's time", in relation to work, means the time a clerk reasonably spent, or would reasonably be expected to spend, in carrying out that work.

"circular letter" means a letter other than an ordinary letter or a special letter that, in the opinion of the Taxing Master, is capable of being composed and prepared by a clerk, and includes clerk's time.

"composition" includes signing and the perusal of relevant incoming letters.

"drawing and engrossing" means drawing and engrossing a document of 1 or 2 pages in length and includes:

        (a)     if item 2(a)(i) applies:

            (i)     the time (up to 4 units) spent by a solicitor in drawing the document; and

            (ii)     clerk's time (up to 2 units) in engrossing it; and

        (b)     if item 2(a)(ii) applies:

            (i)     the time (up to 2 units) spent by a solicitor in drawing the document; and

            (ii)     clerk's time (up to 2 units) in engrossing it; and

        (c)     if item 2(b)(i) applies:

            (i)     the time (up to 1 unit) spent by a solicitor in drawing the document; and

            (ii)     clerk's time (up to 1 unit) in engrossing it; and

        (d)     if item 2(b)(ii) applies – clerk's time (up to 2 units) in drawing and engrossing the document.

"item" means an item in the Composite Scale in this Part.

"letter "includes a facsimile, email and any other form of written communication.

"ordinary letter" means a letter that does not exceed one page in the composition of which, in the opinion of the Taxing Master, little or no exercise of the skill of a solicitor is required and includes:

        (a)     the time (up to 2 units) spent by a solicitor or clerk in the composition of the letter; and

        (b)     clerk's time (up to 3 units) in preparing it.

"page" means a page of not less than international paper size A4, with wording reasonably spaced.

"preparation" includes typing, making copies and dispatching.

"special letter" means a letter that is between 1 and 2 pages in length and, in the opinion of the Taxing Master, the composition of which requires the exercise of the skill of a solicitor, and includes:

        (a)     the time (up to 3 units) spent by the solicitor in composition of the letter; and

        (c)     clerk's time (up to 3 units) in preparing it.

2.     For work actually done by a solicitor that is of a kind covered in the aggregate by a composite fee mentioned in the composite scale, the solicitor may charge and be allowed for the work:

        (a)     a fee equal to the composite fee; or

        (b)     a fee calculated in accordance with Part 2 of this Appendix.

3.     However, if the Taxing Master considers it equitable to do so, the Master may decide to allow for the work:

        (a)     only a fee calculated in accordance with Part 2 of this Appendix; or

        (b)     only a fee equal to the appropriate composite fee.

5.     A composite fee to which items 7 to 15 relates means a lump sum fee in respect of all allowances for time spent in carrying out work that, in the Taxing Master's opinion, is or should be included in that composite fee.

6.     Without limiting the meaning of paragraph 5:

(1)     items 7 and 8 include all time taken in carrying out work in respect of all aspects of a proceeding from and including the dispatch or receipt of a letter of demand and the filing of originating process to and including the setting down of a proceeding for trial in accordance with rule 48.02 and time taken in carrying out work with respect to a request for particulars of a pleading, but does not include work in respect of an application to the Court in the proceeding;

(2)     item 9 includes all time taken in carrying out work in and incidental to an application to the Court in a proceeding and in particular an application under Order 46.

(3)     items 10 and 11 include all time taken in carrying out work in respect of the giving or obtaining of discovery and the inspection of documents in accordance with Order 29, but do not include work done in or incidental to an application to the Court in which discovery or inspection is sought; and

(4)     items 12 and 13 include all time taken in carrying out work in respect of the seeking of answers to interrogatories and the providing of answers to interrogatories under Order 30, but does not include work done in or incidental to an application to the Court in respect of interrogatories.

7.     A composite fee to which this Part refers does not include a reasonable disbursement which a solicitor is obliged to pay in the course of carrying out a part of the work included, or which ought to be included, in that fee and such a disbursement, including counsel's fees, where reasonable and reasonably incurred, may be claimed in the bill and shall be allowed by the Taxing Master.

8.     Items 5 and 6, where appropriate, shall be allowed as a part of a unit but, if so allowed, the charge shall be rounded off to the nearest dollar.

Composite Scale

Item	Matter in respect of which charge is made	Charge ($)
1	Letters:
	(a)     special	138
	(b)     ordinary	99
	(c)     circular	15
2	Drawing and engrossing:
	(a)     court document
	(i)     requiring skill	154
	(ii)     using form or standard document or in case of a standard form of judgment, order or the like	84
	(b)     other
	(i)     requiring skill	43
	(ii)     not requiring skill	28
3	Engrossing a document drawn by someone other than solicitor making the charge – per unit	15
4	Telephone calls:
	(a)     requiring skill – per unit	27
	(b)     not requiring skill – per unit	15
5	Marking annexures, exhibits, enclosing notices of appointment and the like – per unit	15
6	Copying – per unit	15
7	Instructions to sue to notice of trial	1 908
8	Instructions to defend to notice of trial	1 381
9	Application in a proceeding:
	(a)     contested	1 222
	(b)     uncontested	977
10	Requiring discovery and inspection	733
11	Providing discovery and inspection	549
12	Seeking answers to interrogatories	843
13	Furnishing answers to interrogatories	893
14	Attendance at listing hearing or other directions hearing	300
15	Attendance at settlement conference	500

PART 4 – FIXED COSTS

Basic Costs

Item	Matter in respect of which charge is made	Charge ($)
1	Costs to be claimed on writ In addition, stamp duty paid on filing the writ and on relevant copies or fees payable under the Supreme Court Regulations 1985 , Schedule, Part 2, item 1.	733
2	Costs on judgment in default of appearance:
	(a)     where writ served by post	977
	(b)     where writ served by solicitor's clerk	1 092
	(c)     where writ served by person other than solicitor's clerk	977
	In addition:
	(d)     where more than one defendant – for each	27
	(e)     the cost of stamp duty paid on filing the writ and on relevant copies or fees payable under the Supreme Court Regulations 1985 , Schedule, Part 2, item 1
	(f)     where paragraph (c) applies, a reasonable amount paid for service.

Additional Costs

Item	Matter in respect of which charge is made	Charge ($)
3	In addition to costs payable under item 2:
	(a)     costs in default of defence	124
	(b)     where service out of the jurisdiction is ordered and effected:
	(i)     in the case of service in the Commonwealth	369
	(ii)     in the case of service overseas	489
	(c)     where substituted service is ordered and effected:
	(i)     on only defendant	977
	(ii)     where more than one defendant so served – in respect of each defendant served	124
	and in addition:
	(iii)     the reasonable fees incurred for any advertising required under an order for substituted service; and
	(d)     where a judgment is registered under the Service and Execution of Process Act 1992 (Cth) – for costs of registration	244
	(e)     where leave to proceed is given under the Service and Execution of Process Act 1992 (Cth) – on entry of judgment	733