Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - SCHEDULE 2

SCHEDULE 2 – Scale of costs—Magistrates Courts

Part 1 - General

1 Costs allowed for counsel and solicitor or clerk

(1) The costs of or incidental to the attendance of both counsel and a solicitor during a trial are not to be allowed unless a court certifies that the attendance of both counsel and solicitor was necessary.
(2) The costs of or incidental to the attendance of a clerk with counsel or a solicitor acting as advocate during a trial are to be allowed unless a court certifies the attendance of the clerk was not reasonably required.
(3) A court may direct that costs to be allowed for counsel or a solicitor acting as advocate are to be less than the costs set out in part 2 or 3 .

2 Costs of unnecessary step

A court may disallow the costs of a step taken by a party in a proceeding if the court considers the step was unnecessary for the proper conduct of the proceeding.

Part 2 - Costs (up to $50,000)

A
Under $2,500
B
$2,501 to $5,000
C
$5,001 to $20,000
D
$20,001 to $50,000
$ $ $ $
(including GST)
1 Instructions to sue—claim and statement of claim and service 380.70 719.10 1,125.00 1,249.00
2 Instructions to defend—notice of intention to defend and defence and filing 380.70 719.10 1,125.00 1,249.00
3 Appearance in court in undefended proceedings (or in defended proceedings in which a claim or defence is not proceeded with—additional to costs for instructions to sue but including costs under item 4) to obtain judgment 100.50 167.60 254.10 279.00
4 Obtaining judgment by default 100.50 167.60 254.10 279.00
5 Preparing for trial, up to and including settlement conference—
(a) including brief for counsel to appear at conference 432.50 1,027.00 1,654.00 1,947.00
(b) if no counsel appears at conference 389.30 973.20 1,509.00 1,784.00
6 Balance of preparing for trial
(a) including trial brief if counsel engaged 507.10 1,130.00 1,757.00 2,222.00
(b) if no counsel at trial 356.90 832.60 1,325.00 1,693.00
7 Preparing for trial, if no settlement conference—
(a) including trial brief if counsel engaged 865.00 2,054.00 3,309.00 4,056.00
(b) if no counsel at trial 681.20 1,703.00 2,731.00 3,363.00
8 Counsel’s fees—
(a) to settle claim and statement of claim, counterclaim, notice of intention to defend or notice of appeal 243.30 290.90
(b) to settle special affidavit, reply or particulars that the magistrate, registrar or costs assessor is satisfied are reasonably necessary or proper 156.90 190.30
(c) to settle interrogatories or answers to interrogatories that the magistrate, registrar or costs assessor is satisfied are reasonably necessary or proper 237.90 285.50
(d) on conference, inspection of works or other site inspection, or a similar attendance that the magistrate, registrar or costs assessor is satisfied is reasonably necessary or proper—each hour 243.30 290.90
(e) to advise on evidence or for any other opinion 254.10 307.10
(f) on trial or hearing (other than an application in a proceeding)—first day 821.80 928.80 1,545.00 1,881.00
(g) on each subsequent day of hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court) 546.10 620.70 1,032.00 1,249.00
(h) on each subsequent day of hearing not included in paragraph (g) 268.20 307.10 508.20 632.60
(i) if a proceeding is heard outside the town where counsel ordinarily practises, a further fee by way of out-of-chambers fee (not less than $60.00 a day) may be allowed for each day it is not reasonably practicable for counsel to be in attendance at chambers for a total of at least 1 hour, between 8.30a.m. and 5.30p.m.
(j) on an application in a proceeding 248.70 290.90
(k) to hear deferred judgment 129.70 167.60
9 Solicitor on hearing—
(a) appearance without counsel on hearing—first day 746.20 789.40 1,255.00 1,530.00
(b) appearance without counsel on second and each subsequent day of hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court) 531.00 531.00 865.00 1,049.00
(c) attendance of clerk with solicitor acting as advocate—each day 90.25 268.20 281.10 307.10
Costs under paragraph (c) are not allowed if the court certifies the attendance of the clerk was not reasonably required.
10 On hearing with counsel—
(a) attendance of solicitor with counsel (if the attendance is certified for by the court)—each day 335.30 396.80 621.80 751.60
(b) attendance of clerk with counsel—each day 90.25 268.20 281.10 307.10
Costs under paragraph (b) are not allowed if the court certifies the attendance of the clerk was not reasonably required.
11 On hearing with counsel—
(a) counsel’s fees (if no fee is payable under item 8(f)) 268.20 285.50 475.70 562.40
(b) solicitor for appearance without counsel 268.20 268.20 432.50 520.20
12 Applications to the court (other than an application for an adjournment) 184.30 319.10 502.80 626.20
13 Instructions—
(a) for disclosure, preparing list of documents and making inspection and copies of documents—
(i) allowance to party requesting disclosure 156.40 240.20 335.30 396.80
(ii) allowance to party making disclosure 156.40 546.10 605.60 730.00
(b) for interrogatories and answers to interrogatories (including preparation, filing and perusing)—
(i) allowance to party delivering interrogatories 156.40 414.20 435.90 502.80
(ii) allowance to party answering interrogatories 156.40 386.10 402.20 548.40
14 Enforcement hearing—
(a) counsel’s fees 374.20 425.00 659.70 811.00
(b) if no counsel engaged 268.20 368.80 583.90 702.90
15 Enforcement warrant—
(a) costs of preparing warrant and attending issuing and for return—to be marked on warrant (exclusive of court or other fees) 80.60 167.60 254.10 307.10
(b) costs of registration of warrant against land 80.60 167.60 254.10 307.10
16 Warrant (other than enforcement warrant)—costs of preparing warrant and attending issuing and for return 80.60 167.60 254.10 307.10

Part 3 - Costs (over $50,000)

This part applies if the amount recovered or claimed by the plaintiff is over $50,000.

$
(including GST)
General care and conduct
1 In addition to an amount that is to be allowed under another item of this schedule, the amount that is to be allowed for a solicitor’s care and conduct of a proceeding is the amount the registrar or a costs assessor considers reasonable, in accordance with any guidelines issued in a practice direction by the Chief Magistrate and having regard to the circumstances of the proceeding, including, for example—
(a) the complexity of the proceeding; and
(b) the difficulty and novelty of any question raised in the proceeding; and
(c) the importance of the proceeding to the party; and
(d) the amount involved; and
(e) the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor; and
(f) the number and importance of the documents prepared or perused, without regard to the length of the documents; and
(g) the time spent by the solicitor; and
(h) research and consideration of questions of law and fact.
Registrar’s or costs assessor’s discretion
2 For a matter for which a cost is not provided for in this schedule, the amount to be allowed is the cost the registrar or a costs assessor considers reasonable.
Costs on quarter-hourly basis
3 If, under an item of this schedule, costs in relation to a matter are allowable on a quarter-hourly basis, the amount to be allowed is—
(a) for less than a quarter-hour spent on the matter—the cost of 1 quarter-hour; or
(b) for part of a quarter-hour after the first quarter-hour spent on the matter—a proportionate amount of the cost of 1 quarter-hour.
Drafting documents
4 Drafting a document—for each 100 words 17.90
Producing documents
5 Producing a document in final form—for each 100 words 4.30
Preparing exhibit certificates
6 Preparing an exhibit certificate—for each exhibit, including a paginated book 3.35
Copying documents
7 Copying a document—for each page 0.20
Perusing documents
8 Perusing a document—for each 100 words 4.30
Examining or comparing documents
9 Examining a document or comparing documents, if perusal is unnecessary—
(a) by a solicitor—for each quarter-hour 63.55
(b) by an employee—for each quarter-hour 18.75
Serving documents
10 Serving on a person 1 or more documents at the same time—
(a) personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served 37.10
However, if the registrar or a costs assessor considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount the registrar or the costs assessor considers reasonable.
(b) ordinary service 23.30
(c) service by post 16.95
(d) service by facsimile—
(i) for the first page 7.70
(ii) for each extra page 0.90
(e) service by email 7.70
Attendances
11 Attendance, if capable of being done by an employee—
(a) to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order; or
(b) to search; or
(c) to do something of a similar nature 23.30
12 Attendance by telephone that does not involve the exercise of skill or legal knowledge 15.60
13 Attendance in court, mediation or case appraisal, at a compulsory conference or before the registrar, by a solicitor who appears without a barrister—for each quarter-hour 70.50
14 Attendance for a hearing or trial held at a place other than the town where the solicitor lives or carries on business—
(a) by the solicitor—
(i) for the time spent in attendance at the hearing or trial—for each quarter-hour 64.50
(ii) for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial
(A) for an absence of 4 hours or less 484.50
(B) for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours 31.30
(iii) the expenses the registrar or a costs assessor considers reasonable for each day of absence, including Saturdays and Sundays
(iv) the actual expenses of transport to and from the hearing or trial the registrar or a costs assessor considers reasonable
(b) by the solicitor’s employee—the amount the registrar or a costs assessor considers reasonable.
However, if the solicitor’s absence is to attend more than 1 hearing or trial at the same place, the costs are to be divided proportionately.
15 Attendance at a call-over, to be apportioned if the attendance is for more than 1 proceeding 42.50
16 Other attendances—
(a) by a solicitor, involving skill or legal knowledge—for each quarter-hour 64.50
(b) by an employee—for each quarter-hour 18.75
However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court.
Correspondence
17 (1) Correspondence sent—
(a) written message or letter (20 words or less) 12.95
This includes a letter forwarding documents without explanation.
(b) short letter (21 to 100 words) 25.95
(c) any other letter—for each 100 words 22.50
This covers any form of written communication including ordinary post, facsimile, email, text or other form of electronic transmission.
This includes the charges of the communication provider, other than charges for sending the correspondence by registered post, international post or courier or serving the correspondence personally.
For a circular letter, the first is to be allowed under this item. For each circular letter after the first, the charge under item 7 applies.
(2) Correspondence received—
(a) receiving any correspondence, including by electronic means, and filing, including reading a message (20 words or less) and, for an electronic communication, printing 1 page for filing 12.95
For printing additional pages received electronically for filing, the charge under item 7 applies.
(b) perusing correspondence—
(i) for the first 100 words 17.30
(ii) for each 100 words or part thereafter 8.65
(c) if perusing the document is not reasonably necessary, scanning the document—for each page 4.35
(3) Agency correspondence—
(a) for sending correspondence to the agent by the principal, or to the principal by the agent—costs under item 17(1)
(b) for receiving correspondence from the agent by the principal, or from the principal by the agent—costs under item 17(2).
If engagement of the agent was normal and reasonable in the circumstances, costs may be charged under this item by the principal and the agent.
Correspondence between offices of the same firm of solicitors may be charged if it is analogous to agency correspondence and the engagement of an agent was not reasonable in the circumstances.
Example—
The word count for agency correspondence is based on the body of the correspondence, as defined in schedule 4 .
Electronic conduct of proceedings
18 (1) Examining an electronic document or comparing electronic documents, including emails, if perusal is unnecessary—for each 100 words 0.85
(2) Preparing a document for disclosure, or to be exchanged electronically, by—
(a) barcoding the document—for each page 0.50
(b) electronically scanning or imaging the document—for each page 0.50
(c) entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document 4.30
(3) To the extent a proceeding is conducted electronically, the costs to be allowed, including the costs of any electronic service provider, are the costs the registrar or a costs assessor considers have been reasonably incurred and paid.
Fixed cost items
19 Instructions to sue—claim and statement of claim and service 1,422.00
20 Costs for obtaining judgment under chapter 9 , part 1 , division 2 373.90
21 Costs for obtaining an enforcement warrant 373.90



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