Court Procedures Amendment Rules 2022 (No 3) (ACT)
Court Procedures Amendment Rules 2022 (No 3)
Subordinate Law SL2022-19
We, the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 16 December 2022.
| Lucy McCallum | Lorraine Walker |
| Chief Justice | Chief Magistrate |
| Geoffrey Kennet | Glenn Theakston |
| Judge | Magistrate |
Court Procedures Amendment Rules 2022 (No 3)
Subordinate Law SL2022-19
made under the
Court Procedures Act 2004
Contents
Page
1 Name of rules 1
2 Commencement 1
3 Legislation amended 1
4 New rule 6106 (4) and (5) 1
5 New rule 6120 (3) 1
6 Rule 6250 (3) (d) 2
7 Rule 6251 (3) (c) 2
8 Schedule 4, rule 4.12 2
9 Schedule 4, part 4.2 3
Name of rules
These rules are the Court Procedures Amendment Rules 2022 (No 3).
Commencement
These rules commence on 1 January 2023.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
These rules amend the Court Procedures Rules 2006.
New rule 6106 (4) and (5)
before the note, insert
(4)A signature affixed to a document by electronic means complies with subrule (1).
(5)However, subrule (4) does not apply to the following:
(a)an affidavit, including—
(i)a statement identifying an annexure to an affidavit; or
(ii)a certificate identifying an exhibit to an affidavit;
(b)a document that is required by these rules to be witnessed.
New rule 6120 (3)
insert
(3)For these rules, original includes a document to which rule 6106 (4) applies.
Rule 6250 (3) (d)
omit
Rule 6251 (3) (c)
omit
Schedule 4, rule 4.12
substitute
4.12Costs—transitional
(1)A solicitor is entitled to charge and be allowed the costs set out in this schedule for work done or services performed on or after the commencement day.
(2)However, if work done or services performed by a solicitor after the commencement day was assessed before the commencement day, this rule as in effect immediately before the commencement day continues to apply to the work and services.
(3)Rule 4.12 as in effect immediately before the commencement day continues to apply to work done or services performed by a solicitor before the commencement day.
(4)In this rule:
commencement day means the day the Court Procedures Amendment Rules 2022(No 3), rule 8 commences.
Schedule 4, part 4.2
substitute
Part 4.2Scale of costs—items
| column 1 item | column 2 matter in relation to which charge is made | column 3 charge ($) | |
| Division 4.2.1 Instructions | |||
| 1 | to sue or defend, to appeal or oppose an appeal | 201.30 | |
| 2 | for statement of claim, petition, special case or counterclaim | 201.30 | |
| 3 | for defence | 172.30 | |
| 4 | for— (a) a reply; or (b) amending a pleading; or (c) a notice claiming contribution or indemnity; or (d) a document to be brought into the registrar’s office (for example, an account or deed); or (e) adding parties by order; or (f) a bond or other deed; or (g) retaining counsel, including preparing retainer | 71.90 | |
| 5 | for— (a) a pleading not otherwise provided for; or (b) interrogatories for the examination of a party or witness; or (c) an affidavit in answer to interrogatories or other special affidavit; or (d) disclosure or a list of documents; or (e) an application for an order that a matter be heard before the Full Court; or (f) a brief on application in chambers | 143.70 | |
| 6 | for— (a) an application whether in court, before the registrar or in chambers; or (b) opposition to an application; or (c) the assessment of a bill of costs | 143.70 | |
| 7 | for brief to advise on evidence | 129.40 | |
| 8 | for— (a) a statement of facts in an action; or (b) a request for particulars; or (c) particulars | 143.70 | |
| 9 | for brief in preparation for trial | the amount the registrar considers appropriate | |
| Division 4.2.2 Drawing | |||
| 10 | for an originating process or counterclaim | 150.20 | or, if longer than 700 words, 21.30 per 100 words |
| 11 | for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading | 100.70 | or, if longer than 400 words, 21.30 per 100 words |
| 12 | for— (a) a notice of an application in a proceeding; or (b) a notice to produce documents; or (c) a notice to admit facts; or (d) a special case; or (e) interrogatories; or (f) a special affidavit; or (g) a brief (including observations) | 92.10 | or, if longer than 400 words, 21.30 per 100 words |
| 13 | a formal affidavit, including an affidavit of service | 50.50 | |
| 14 | any other document | 39.90 | or, if longer than 100 words, 23.60 per 100 words |
| Division 4.2.3 Engrossing | |||
| 15 | of a document | 6.30 | per 100 words |
| Division 4.2.4 Copies | |||
| 16 | of any document, or of multiple documents copied at the same time— (a) for each of the first 10 copies; or (b) for each additional copy up to 100 copies; or (c) for each additional copy over 100 copies | 4.00 1.80 0.60 | per page per page per page |
| Division 4.2.5 Perusal | |||
| 17 | of— (a) an originating process; or (b) a pleading; or (c) an application in a proceeding; or (d) interrogatories; or (e) a special case; or (f) a notice to admit | 70.90 | or, if longer than 800 words, 8.00 per 100 words |
| 18 | of any other document, if it is necessary to peruse | 8.00 | per 100 words |
| 19 | of a document by scanning it, if it is not necessary to peruse | 7.80 | or, if the document has more than 10 pages, the additional amount the registrar considers appropriate |
| Division 4.2.6 Attendances | |||
| 20 | for personal service, if necessary, of 1 or more documents at the same time | 107.50 | |
| 21 | for service of 1 or more documents at the same time— (a) at the office of a solicitor on the record or the address for service of a party; or (b) by post; or (c) made through a document exchange | 43.50 | |
| 22 | by attendance (including travel and waiting time)— (a) by a solicitor; or (b) by a clerk | 38.70 16.10 | per 6 minutes per 6 minutes |
| 23 | at the registry or other office or place for— (a) filing, delivering, or collecting a document; or (b) a purpose not involving the exercise of legal skill or knowledge | 35.80 | |
| 24 | formal telephone attendance | 35.80 | |
| 25 | telephone attendance leaving message only | 17.80 | |
| 26 | if the registrar is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that— (a) a solicitor has been necessarily absent from the place where the solicitor carries on practice; or (b) a clerk has attended in place of the solicitor | an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the solicitor is absent, of not more than 1 676.90 an allowance (in addition to reasonable travelling expenses), for each day (other than Saturdays and Sundays) that the clerk is absent, of not more than 430.70 | |
| Division 4.2.7 Letters | |||
| 27 | ordinary letter | 50.00 | or 24.30 per 100 words |
| 28 | special letter | 83.00 | or 24.30 per 100 words |
| 29 | formal letter—short letter, without legal content | 24.20 | |
| 30 | circular letters after the first | 11.00 | |
| 31 | fax copy or telex, including attendance to send | 56.60 | |
| 32 | receiving and filing any incoming letter, other than a letter received by email (postage and transmission fees properly incurred may be claimed as a disbursement) | 14.90 | |
| 33 | receiving, printing and filing incoming letter received by email | 16.30 | |
| 34 | printing any attachment to an email, or multiple attachments to an email printed at the same time— (a) for each of the first 10 pages; or (b) for each additional page up to 100 copies; or (c) for each additional page over 100 copies | 4.00 1.80 0.60 | per page per page per page |
| Division 4.2.8 Witness expenses | |||
| 35 | a witness called because of the witness’s professional, scientific or other special skill or knowledge | 1 408.80 | per day |
| 36 | a witness called other than because of the witness’s professional, scientific or other special skill or knowledge | 148.30 | per day |
| 37 | a witness paid in the witness’s occupation by wages, salary or fees | the amount lost by attendance at court | |
| 38 | a witness qualifying to give skilled evidence | the additional amount the registrar considers reasonable and properly incurred and paid | |
| 39 | if the witness lives more than 50km from the court | the additional amount the registrar considers reasonable for the actual cost of travel, and for accommodation and meals | |
| 40 | attendance at court by a witness acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing | the amount the registrar considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses) | |
| Division 4.2.9 Disbursements | |||
| 41 | all court fees, counsel’s fees and other fees and payments | allowed to the extent that they have been properly and reasonably incurred and paid | |
Endnotes
Notification
Notified under the Legislation Act on 19 December 2022.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2022
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