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COUNTY COURT (CHAPTER I AMENDMENT NO. 20) RULES 2006 (SR NO 168 OF 2006) - REG 5
Substituted Appendix A
r. 5
For Appendix A to the Principal Rules substitute —
'APPENDIX A
SCALE OF COSTS
Scale of Fees and costs to be paid to Counsel and Practitioners between party
and party and between Practitioner and Client.
The Judge, Registrar or other taxing officer shall have full discretion to
allow any fee, cost or disbursement in full, or in part.
In appropriate cases should the Judge, Registrar or other taxing officer
consider the fee, cost or disbursement provided by the scale to be inadequate
to compensate for the work actually done, the Judge, Registrar or other taxing
officer may allow an appropriate fee which in the circumstances is considered
to be fair and reasonable.
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
Institution of Proceedings |
|
|
|
|
1. |
Instructions to sue including letter before action, preparation of brief to
and attendance on counsel, preparation of originating process, statement of
claim, notice of defence and copies, filing, attending to service, and
affidavit of service |
393.00 |
512.00 |
562.00 |
621.00 |
|
If Statement of Claim exceeds 10 folios for each additional folio such
additional fees pursuant to item 26 as appropriate |
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
Consent of litigation guardian including, preparation of memorandum copies and
obtaining signature of litigation guardian |
116.00 |
153.00 |
156.00 |
167.00 |
2. |
Instructions to defend, including perusal of statement of claim, and filing of
appearance |
186.00 |
250.00 |
259.00 |
289.00 |
3. |
Instructions to institute or defend any original proceeding or to appeal or
oppose an appeal where not elsewhere provided for |
300.00 |
375.00 |
414.00 |
456.00 |
4. |
Instructions to institute or oppose any interlocutory proceeding, or
instructions for special affidavit where not elsewhere provided for |
52.00 |
79.00 |
79.00 |
79.00 |
Issues and Particulars |
|
|
|
|
5. |
(a) Counterclaim or third party notice including preparation of
brief to and attendance on counsel, copies, filing and service |
210.00 |
278.00 |
300.00 |
331.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
If counterclaim or third party notice exceeds 10 folios for each
additional folio, such additional fees pursuant to item 26 as appropriate |
|
|
|
|
|
(b) Perusal of counterclaim or third party notice and making
copies |
37.00 |
52.00 |
52.00 |
52.00 |
Defence |
|
|
|
|
6. |
(a) Any necessary further pleading, notice claiming contribution
or indemnity, including preparation of brief to and attendance on counsel,
copies, filing and service |
125.00 |
173.00 |
186.00 |
210.00 |
|
If defence, any necessary further pleading or any Notice
claiming contribution or indemnity exceeds 8 folios, for each additional folio
such additional fees pursuant to item 26 as appropriate |
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(b) Perusal of Defence, any necessary further pleading, notice
claiming contribution or indemnity and making copies |
37.00 |
52.00 |
52.00 |
52.00 |
7. |
Request for further particulars including special damages or preparation of
further particulars or special damages including preparation of brief to and
attendance on counsel, copies, filing, service, perusal of further
particulars, or special damages, or request, and making copies thereof |
172.00 |
210.00 |
221.00 |
248.00 |
Discovery |
|
|
|
|
8. |
(a) Notice for discovery including copies, filing, service,
perusal of affidavit of documents, and making copies thereof |
93.00 |
125.00 |
154.00 |
167.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(b) Affidavit of documents including instructions for affidavit,
copies, swearing, filing and service |
259.00 |
333.00 |
375.00 |
414.00 |
|
If affidavit exceeds 10 folios for each additional
folio such additional fees pursuant to item 26 |
|
|
|
|
|
as appropriate provided that the Judge, Registrar or other
taxing officer is satisfied in all the circumstances that it is fair and
reasonable to do so. |
|
|
|
|
Interrogatories |
|
|
|
|
9. |
(a) Interrogatories for examination of one party including
instructions for interrogatories, preparation of brief to and attendance on
counsel, copies, filing, service, perusal of answers to interrogatories and
making copies thereof |
259.00 |
333.00 |
375.00 |
414.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(b) Answers to interrogatories of one party including perusal of
interrogatories, instructions for answers, preparation of brief to and
attendance on counsel, swearing, copies, filing and service |
524.00 |
674.00 |
747.00 |
825.00 |
Setting Down |
|
|
|
|
10. |
(a) Certificate of readiness including letter requesting
certification, setting down and service of sealed copy |
93.00 |
125.00 |
154.00 |
167.00 |
|
(b) Perusal of certificate of readiness, certification and
letter returning certificate |
42.00 |
70.00 |
80.00 |
84.00 |
11. |
(a) Notice of Trial, copies, service and filing |
52.00 |
79.00 |
79.00 |
79.00 |
|
(b) Affidavit in support of setting down, swearing and filing |
79.00 |
93.00 |
116.00 |
122.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
Notices |
|
|
|
|
12. |
(a) Notice to Admit including preparing of brief to and
attendance on counsel, copies, filing, service, perusal of admissions and
making copies thereof |
93.00 |
125.00 |
154.00 |
167.00 |
|
(b) Admissions (including perusal of notice to admit and making
copies thereof), preparation of brief to and attendance on counsel, copies,
filing and service |
186.00 |
247.00 |
259.00 |
289.00 |
13. |
Notice of payment into Court, offer of Compromise, or notice of acceptance
including copies, filing and service |
79.00 |
116.00 |
116.00 |
116.00 |
14. |
Any necessary notice (including notices before proceeding, notice to Transport
Accident Commission, Incorporated Nominal Defendant and any other statutory
notice when required), |
|
|
|
|
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
memorandum or undertaking including copies, filing or service, where not
elsewhere provided for |
79.00 |
116.00 |
116.00 |
116.00 |
Preparation and Trial |
|
|
|
|
15. |
Callover—
Solicitor's attendance |
79.00 |
93.00 |
116.00 |
116.00 |
|
Clerk's attendance |
51.00 |
79.00 |
79.00 |
79.00 |
Subpoena |
|
|
|
|
16. |
(a) Including filing, copy for service attending to service |
51.00 |
79.00 |
79.00 |
79.00 |
|
(b) Each additional copy for service |
3.20 |
3.20 |
3.20 |
3.20 |
Expert Witnesses |
|
|
|
|
17. |
(a) Arranging examination or inspection by an expert witness and
notifying party |
50.00 |
79.00 |
79.00 |
79.00 |
|
(b) Notifying party of examination or inspection arranged by
opposite party |
14.00 |
37.00 |
37.00 |
37.00 |
Advice of Counsel |
|
|
|
|
18. |
Including brief, attendance on counsel, perusal and advice |
125.00 |
172.00 |
186.00 |
210.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
Conference with Counsel |
|
|
|
|
19. |
Appointing and attending—
(a) Solicitor's attendance— per hour |
125.00 |
172.00 |
186.00 |
210.00 |
|
(b) Clerk's attendance— per hour |
79.00 |
93.00 |
116.00 |
116.00 |
Brief to View |
|
|
|
|
20. |
Including arranging view, attendance on counsel and attendance at view |
125.00 |
172.00 |
186.00 |
210.00 |
|
If attendance on view exceeds half an hour for each quarter hour thereafter |
14.00 |
37.00 |
37.00 |
37.00 |
Mediation and Case Conference |
|
|
|
20A. |
Counsel or solicitor appearing at mediation or case conference—
(a) Half day (3 hours or part thereof) |
554.00 |
809.00 |
931.00 |
984.00 |
|
(b) Hourly rate beyond half-day |
143.00 |
180.00 |
202.00 |
237.00 |
|
(c) Daily maximum or if case settles within the day |
1008.00 |
1495.00 |
1657.00 |
1740.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
Solicitor appearing to instruct at mediation or case conference— |
|
|
|
|
|
(d) Half day (3 hours or part thereof) |
260.00 |
333.00 |
375.00 |
414.00 |
|
(e) Hourly rate beyond half-day |
123.00 |
152.00 |
174.00 |
203.00 |
|
(f) Daily maximum |
623.00 |
812.00 |
904.00 |
1005.00 |
|
Notes |
|
|
|
|
|
(i) Sub-items (a), (b) and (c) are all inclusive and include
preparation, conference and appearance |
|
|
|
|
|
(ii) Despite anything to the contrary in item 29,
the Registrar may allow a higher fee for counsel or solicitor appearing at
mediation or case conference |
|
|
|
|
|
(iii) In
circuit cases a circuit fee may be allowed by the Registrar in
accordance with the First Schedule if in his |
|
|
|
|
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
opinion, having regard to all the
circumstances, the fees in item 20A are insufficient |
|
|
|
|
Directions hearing |
|
|
|
|
20B. |
Counsel or solicitor appearing at directions hearing |
153.00 |
255.00 |
255.00 |
255.00 |
Instructions for Brief |
|
|
|
|
21. |
For work necessarily and properly done in preparing for trial or hearing and
not |
|
|
|
|
|
otherwise provided for, including— |
|
|
|
|
|
(a) taking instructions for examination of any party or witness;
|
|
|
|
|
|
(b) considering the facts and the law; |
|
|
|
|
|
(c) attending on and corresponding with client; |
|
|
|
|
|
(d) interviewing and corresponding with witnesses and taking
proofs of their evidence; |
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(e) arranging to obtain reports or advice from experts and maps,
plans, photographs and models; |
|
|
|
|
|
(f) making search in any public office and elsewhere for
relevant documents; |
|
|
|
|
|
(g) inspecting any property or place material to the proceeding;
|
|
|
|
|
|
(h) perusing relevant documents; |
|
|
|
|
|
(i) the general care and conduct of the proceeding—not
exceeding |
2058.00 |
4117.00 |
5871.00 |
8392.00 |
Notes |
|
|
|
|
A. |
This item should begin with a short statement of—
(i) the main issues;
(ii) any particular difficulties of fact or law; |
|
|
|
|
|
(iii) any special skill, knowledge or responsibility required |
|
|
|
|
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
B. |
This should be followed not by a chronological narrative, but by an analysis
of the work done separated on the main headings appropriate to the subject
matter. Under a heading, for example, "Attendances on and correspondence with
|
|
|
|
|
|
client" there should be included a statement of the number of attendances on
the client, the total time occupied and the |
|
|
|
|
|
number of letters sent, but not the details of every attendance or of every
letter.
However, where objection is lodged to the stated number of letters or
attendances, the practitioner lodging the bill for taxation must remove from
his file the attendance notes and copy letters claimed, and be in a position
to produce same in chronological order at the taxation. |
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
If a Judge or Registrar in respect of a party-party bill of costs or the
Taxing Master on the taxation of a solicitor-client bill of costs considers
that the maximum amount provided for in this item is not sufficient
remuneration for the care and conduct including skill and responsibility
involved throughout the course of proceedings and in obtaining instructions
for brief or briefnotes then the Judge, Registrar or Taxing Master may allow
such amount in excess of the scale or give such directions that in all the
circumstances are fair and reasonable |
|
|
|
|
Brief to counsel to appear |
|
|
|
|
22. |
Including attendance on counsel |
79.00 |
93.00 |
116.00 |
116.00 |
Attending court |
|
|
|
|
23. |
(a) (i)
Solicitor or managing clerk with
counsel—per half day
|
259.00 |
333.00 |
375.00 |
414.00 |
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(ii)
Clerk with counsel—per half day |
198.00 |
250.00 |
278.00 |
306.00 |
|
(iii) Solicitor
without counsel—per day |
782.00 |
1006.00 |
1109.00 |
1229.00 |
|
(iv) If
proceeding in list for hearing but
not reached |
93.00 |
125.00 |
154.00 |
167.00 |
|
(v)
Additional Solicitor or managing
clerk (if certified by trial Judge)—
discretionary fee |
|
|
|
|
|
(b) Pre-Trial Conference—
(i)
solicitor or managing clerk with
counsel |
259.00 |
333.00 |
375.00 |
414.00 |
|
(ii)
solicitor without counsel |
393.00 |
507.00 |
561.00 |
619.00 |
|
Solicitor or managing clerk attending trial at a Court more than
50 kilometres from his place of business for |
|
|
|
|
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
each day of absence from office—discretionary additional fee |
|
|
|
|
Brief to hear judgment |
|
|
|
|
24. |
(a) Including receiving advice of date fixed, attendance on
counsel and attendance to hear judgment |
125.00 |
172.00 |
186.00 |
210.00 |
|
(b) Brief (or brief notes for solicitor) for any unopposed
application or adjournment (where not otherwise provided for) including
attendance to apply |
125.00 |
172.00 |
186.00 |
210.00 |
Costs of the Day |
|
|
|
|
25. |
Including—
(a) Practitioner for attending Court where no counsel employed |
319.00 |
414.00 |
455.00 |
498.00 |
|
(b) Attending with counsel—
(i) Clerk |
154.00 |
210.00 |
221.00 |
248.00 |
|
(ii)
Practitioner or managing clerk |
223.00 |
299.00 |
333.00 |
369.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(c) Counsel's fees |
561.00 |
843.00 |
942.00 |
1036.00 |
Note : These allowances shall be in addition to other items thrown away |
|
|
|
Documents |
|
|
|
|
26. |
(a) Drawing any necessary documents where not otherwise provided
for—per folio |
10.00 |
10.00 |
10.00 |
10.00 |
|
(b) Engrossing or typing any necessary document where not
otherwise provided for—per folio |
8.00 |
8.00 |
8.00 |
8.00 |
|
(c) Copies—any necessary carbon, photo or machine made
copy—where not otherwise provided for—per page |
2.00 |
2.00 |
2.00 |
2.00 |
|
(d) Perusals of any necessary letter, document or part of a
document (not otherwise provided for)—per folio |
4.00 |
4.00 |
4.00 |
4.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(e) Examination or scanning any document which it is not
necessary to peruse (not otherwise provided for)—per page |
3.10 |
3.10 |
3.10 |
3.10 |
|
(f) Applications including copies, issuing and filing |
93.00 |
116.00 |
116.00 |
116.00 |
|
(g) Affidavit of service including swearing, copies and filing |
37.00 |
37.00 |
37.00 |
37.00 |
|
(h) Any necessary affidavit (not otherwise provided for)
including preparation, copies, swearing, filing and service |
259.00 |
333.00 |
375.00 |
414.00 |
|
(i) Fax or e-mail transmission or receipt if urgent or necessary
in the discretion of the Registrar, or electronic filing in accordance with
Part 2 of Order 28, if filing is not elsewhere provided for in this scale |
11.00 |
11.00 |
11.00 |
11.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
r. 5
Letters |
|
|
|
|
27. |
(a) Any necessary letter (including agency letters) |
24.00 |
31.00 |
35.00 |
37.00 |
|
(b) For each circular letter after the first |
11.00 |
11.00 |
11.00 |
11.00 |
Attendances |
|
|
|
|
28. |
Any necessary attendance not otherwise provided for (including attendance on
witness to arrange |
|
|
|
|
|
appearance without subpoena, or to cancel such appearance)— |
|
|
|
|
|
(a) Which is capable of being made by a clerk—per quarter
hour |
17.00 |
29.00 |
31.00 |
33.00 |
|
(b) Which requires the personal attention of the solicitor or
managing clerk and involves the exercise of skill or legal knowledge—per
quarter hour |
35.00 |
37.00 |
37.00 |
44.00 |
|
(c) Service by post |
17.00 |
37.00 |
37.00 |
37.00 |
|
(d) Personal service |
58.00 |
58.00 |
58.00 |
58.00 |
|
Service of any document where necessary, and not able to be served by post. |
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
r. 5
|
Where it is judged appropriate, the Registrar may allow additional proper
costs having regard to the time taken, the distance travelled and any other
necessary expense incurred |
|
|
|
|
|
(e) Attempted service |
|
|
|
|
|
Where more than one attendance is necessary to effect service, or to ground an
application for substituted service, for each necessary attendance |
35.00 |
35.00 |
35.00 |
35.00 |
|
(f) Service by leaving |
|
|
|
|
|
Service of a document on party by filing or leaving at the office of his
solicitor or other |
|
|
|
|
|
address for service, where that mode of service is necessary |
26.00 |
26.00 |
26.00 |
26.00 |
Fees to Counsel |
|
|
|
|
29. |
( Note : No fee to counsel is to be allowed unless vouched by the signature of
counsel or his clerk)— |
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(a) For drawing pleadings or settling any necessary document
including Statement of Claim, Defence, Interrogatories, etc. |
146.00 |
180.00 |
202.00 |
237.00 |
|
(b) (i) To
advise on evidence or for opinion |
146.00 |
219.00 |
237.00 |
266.00 |
|
(ii) Advice on
Pre-Trial Conference |
219.00 |
325.00 |
353.00 |
401.00 |
|
(c) Conference on view—per hour |
146.00 |
180.00 |
202.00 |
237.00 |
|
(d) Pre-Trial Conference with Registrar |
410.00 |
533.00 |
593.00 |
653.00 |
|
(e) Brief to hear Judgment or for any application in a
proceeding |
311.00 |
354.00 |
389.00 |
389.00 |
|
(f) Brief on Trial— |
|
|
|
|
|
(i) Property,
Personal Injuries |
1007.00 |
1495.00 |
1657.00 |
1740.00 |
|
(ii) Commercial
Causes |
|
|
1740.00 |
|
|
(g) Refresher fee— |
|
|
|
|
|
(i) Property,
Personal Injuries |
671.00 |
989.00 |
1100.00 |
1159.00 |
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(ii) Commercial
Causes |
|
|
1159.00 |
|
|
Any allowance for a refresher fee is to be calculated in the manner
set out in Rule 63A.82(3) |
|
|
|
|
|
(h) (i) In
circuit cases, a circuit fee may be allowed and the amount thereof fixed by
order of the Judge, in accordance with the First Schedule of this |
|
|
|
|
|
scale, if, in his opinion (having regard to all
the circumstances, including travelling expenses, living expenses and absence
from Chambers) the scale fee is insufficient but the total amount of the scale
fee and the circuit fee shall not exceed the fee marked on the brief. |
|
|
|
|
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(ii) In any
case where a refresher is certified for, a further circuit fee may be allowed
in accordance with the First Schedule in this scale. |
|
|
|
|
|
(iii) Where in
any such case the Judge certifies for two counsel, all reasonable and
necessary attendances and copies additional to those which would have been
necessary had only one counsel been employed shall be allowed. |
|
|
|
|
|
(iv) In any
proceeding or matter notwithstanding anything contained in the rules or in the
scale of costs, apart from item 20A, the |
|
|
|
|
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
trial Judge ONLY may on application allow such
higher fee for counsel (including more than one counsel) as he thinks fit. |
|
|
|
|
|
(v) Despite anything contained in these Rules—
|
|
|
|
|
|
(A) where a trial has commenced, the Judge
ONLY may allow such higher fee for counsel for the trial and may allow fees
for more than one counsel as the Judge thinks fit, save that this sub-item
does not apply to the allowances set out in item 20A. |
|
|
|
|
r. 5
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
(B) where no trial has commenced, the Registrar or
other taxing officer may allow such higher fee for counsel and may |
|
|
|
|
|
allow fees for more than one counsel as the
Registrar or other taxing officer thinks fit. |
|
|
|
|
|
(vi) Undefended
proceedings (see item 38) |
|
|
|
|
Practice Court |
|
|
|
|
30. |
Application for order for substituted service (not including fees of
advertising) |
455.00 |
540.00 |
598.00 |
659.00 |
31. |
Application for Leave to Proceed |
172.00 |
210.00 |
245.00 |
268.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
Interpleader |
|
|
|
|
32. |
(a) Bailiff—solicitor or counsel appearing |
653.00 |
753.00 |
815.00 |
893.00 |
|
(b) Claimant—solicitor with or without counsel appearing |
555.00 |
650.00 |
702.00 |
760.00 |
|
(c) Creditor—solicitor with or without counsel appearing |
555.00 |
650.00 |
702.00 |
760.00 |
Other Applications in Proceedings |
|
|
|
33. |
(a) Applicants costs—solicitor with or without counsel
appearing |
606.00 |
716.00 |
772.00 |
833.00 |
|
(b) Respondents costs—solicitor with or without counsel
appearing |
555.00 |
664.00 |
716.00 |
778.00 |
Summons to Debtor |
|
|
|
|
34. |
(a) Judgment Creditor on hearing—solicitor with or without
counsel appearing |
606.00 |
716.00 |
772.00 |
833.00 |
|
(b) costs of adjournment—solicitor with or without counsel
appearing |
440.00 |
514.00 |
555.00 |
596.00 |
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
The costs in items 30–34 are inclusive of counsel's fees,
where applicable, and disbursements but do not include fees for service or
filing fees for an |
|
|
|
|
r. 5
|
application. These costs are subject to increase or reduction at
the discretion of the Court. Such costs include the summons, affidavit in
support, one affidavit of service, preparation, signing, service and filing of
the order where appropriate. |
|
|
|
|
Miscellaneous |
|
|
|
|
35. |
Registration of interstate Judgment |
79.00 |
116.00 |
116.00 |
116.00 |
36. |
Warrant of execution |
79.00 |
116.00 |
116.00 |
116.00 |
|
|
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
37. |
Upon entering default judgment, including instructions to sue, letter before
action, preparation of originating process and |
|
|
|
|
|
statement of claim, including copies, issuing, arranging for service,
affidavit of service and entry of judgment |
414.00 |
530.00 |
590.00 |
649.00 |
r. 5
Undefended proceedings |
|
|
|
|
38. |
Upon judgment in any proceeding where the defendant has not participated
throughout the course of the proceeding, including originating process,
statement of claim, |
|
|
|
|
|
issue and service fees, setting down, fixing proceeding for trial, arranging
attendance of witnesses at court, witnesses expenses, instructions for and
preparing of brief, attending counsel therewith, appointing and attending
pre-trial conference, attendance at Court and fees to counsel for both trial
and conference |
2648.00 |
3604.00 |
3977.00 |
4370.00 |
|
|
|
|
|
|
|
|
A |
B |
C |
D |
|
|
Up to and including $7500 |
Over $7500 up to and including $20 000 |
Over $20 000 up to and including $50 000 |
Over $50 000 |
|
|
$ |
$ |
$ |
$ |
|
For the purpose of this item the fees payable to counsel which are included in
the above amounts are: |
|
|
|
|
|
A B C
D $ $ $
$ 604.00 1102.00 1252.00
1328.00 |
|
|
r. 5
|
Should any unusual or abnormally large disbursement have necessarily been made
in addition to those mentioned above, the Judge may on application made to him
at the trial allow an appropriate additional amount. |
|
|
|
|
39. |
In addition to the allowance of any disbursement hereinbefore provided, the
Registrar or other taxing officer may allow any disbursements necessarily or
properly made in the course of the proceeding. |
|
|
|
|
Rating Appeals
1. As to all items and charges under this heading, as far as
practicable Scale "A" shall apply where the annual value appealed against is
up to and including $1000 and Scale "B" where the annual value appealed
against is over $1000.
2. Whenever any rating appeal case is, in the opinion of the
presiding Judge, of such a special important nature that the fees above
specified would not be a fair and reasonable remuneration for the trouble,
care, skill and expense necessarily involved in the proper preparation and
conduct of such appeal case he may allow such lump sum, as in his opinion,
would amount to such fair and reasonable remuneration.
Providing that nothing hereinstated with regard to costs of
rating appeals shall prevent the Judge from making such order as to costs of
fixing the same at such sum as he shall think fit.
Witnesses' Expenses
Witnesses giving evidence in an expert or professional capacity,
$148.00–$294.00 per hour or part thereof, not exceeding $1836.00 per
day.
Persons not referred to in the preceding paragraph who are engaged in business
as principals on their own behalf—$307.00 per half day or part thereof
but not in any event to exceed $550.00 in any one day.
Other witnesses—$92.00 per hour, provided that a witness who receives
wages, salary, remuneration or fees may be allowed the amount actually lost by
reason of attendance not exceeding $550.00 per day.
Travelling expenses, if witnesses residence or place of business is more than
seven kilometres from place of hearing, the sum reasonably and actually paid.
Witnesses attending in more than one case will be entitled to a proportionate
part only in each case.
Professional, scientific or expert witnesses, for time necessarily occupied in
qualifying to give evidence, to be allowed such reasonable sum as was
necessarily and properly incurred.
Meals and Accommodation of Witnesses
A reasonable sum to be fixed by the Registrar.
In cases in which it is considered reasonable to bring heavy or bulky articles
to court or the precincts of the court as exhibits or for inspection by Judge
or Jury, a reasonable sum may be allowed for costs of conveyance or transport.
Interpreter Allowances
(a) Attending professional, scientific or expert witnesses
qualifying to give evidence attending conference with solicitor or counsel
$62.00, or for each hour $43.00 but not in any event to exceed $265.00 in any
one day.
(b) Attending court where the period of absence from the place
of business or residence is four hours or less, $153.00, and for each hour or
part thereof in excess of four hours, $43.00, but not in any event to exceed
$265.00 in any one day.
Travelling Accommodation and Meals
A reasonable sum to be fixed by the Registrar.
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