District Courts Amendment Rule (No. 4) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 293 District Courts Act 1967 DISTRICT COURTS AMENDMENT RULE (No. 4) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of sch 2 (Scale of fees and costs) . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE 2 SCALE OF FEES AND COSTS

s1 2 s4 District Courts Amendment (No. 4) No. 293, 1996 ˙ Short title 1. This rule may be cited as the District Courts Amendment Rule (No. 4) 1996 . ˙ Commencement 2. This rule commences on 1 November 1996. ˙ Rules amended 3. This rule amends the District Courts Rules 1968 . ˙ Replacement of sch 2 (Scale of fees and costs) 4. Schedule 2— omit, insert— ‘ SCHEDULE 2 ‘ SCALE OF FEES AND COSTS rule 365 General note A. The fees and charges set out in this schedule also cover any work or attendance that is incidental to a matter to which the fee or charge is expressed to apply. B. Costs that are not mentioned in this schedule or by a rule of court are not payable to a practitioner in an action or matter to which this schedule applies. C. As between solicitor and client, costs that are not mentioned in this schedule may be allowed if the taxing officer or the court on a review is satisfied that the client has agreed in writing at any time before taxation to pay them and that the costs are reasonable.

s4 3 s4 District Courts Amendment (No. 4) No. 293, 1996 D. A court or judge may direct that the fees and costs to be allowed for counsel or solicitor are to be— (a) less than the fees and costs prescribed by this schedule; or (b) taxed on the appropriate Magistrates Courts’ scale of costs; or (c) more than the fees and costs prescribed, either generally or in relation to a particular item, if the fees and costs are not adequate because of the work involved or the importance, difficulty or complexity of the action or matter. E. As between solicitor and client, the solicitor is to be allowed necessary expenses of travelling between the town that is the place of hearing and the town in which the solicitor ordinarily practises or resides (whichever is the nearer). F. A court may disallow the cost of any step taken by a party in a proceeding if it considers that step was unnecessary for the proper conduct of the proceeding on behalf of the party. G. A registrar may refer a matter arising on the taxation of costs to, or may seek directions on the matter from, a judge who may give such directions as the judge considers appropriate. H. Unless the Act or a rule otherwise provides, the principles and practice applied in the Supreme Court on taxation of costs are to apply. I. If the hearing of a case occupies more than 1 day and the time occupied on any day after the first day is less than a full day, the judge or the registrar or taxing officer may, in relation to that day, allow only a reasonable part of a full day’s costs and counsel’s fees. J. The registrar or taxing officer is to apportion the charge for an amount that is to be determined on an hourly or daily rate on a proportionate basis, but in relation to item 80, the registrar or taxing officer is to allow the prescribed fee for the first hour and after that is to apportion the fee on a pro rata basis.

s4 4 s4 District Courts Amendment (No. 4) No. 293, 1996 Plaint and summons, counterclaim and summons 1. Preparation of plaint, statement of facts and particulars of claim, including 1 copy for service, attendance on registrar to issue, on counsel to settle, and affidavit of service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Preparation of set-off or counterclaim, copy to file, 1 copy for service, and attendance to file . . . . . . . . . . . . . 3. (1) Summons for witness ad testificandum for any number of persons, including praecipes and attendances to issue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) For each additional copy summons . . . . . . . . . . . . . . (3) Summons to witness duces tecum , including copies praecipes and attendances to issue . . . . . . . . . . . . . . . . . . 4. Summons in chambers, including attendance to issue and copy for service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notices, consents and other memoranda 5. Notice before action, if required by an Act, including copy and service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Notice to admit or produce, including copy and service 7. If a notice to admit or produce is special or necessarily long, the allowance that the judge or registrar or taxing officer considers proper (in addition to allowance under item 20 or 22), but not more than—for each folio . . . . . . 8. For each further notice to produce or admit considered necessary by the judge or a registrar or taxing officer on taxation, including copy and service . . . . . . . . . . . . . . . . 9. Necessary or proper consent or admission, including attendance to obtain or give, and copy for opposite party (unless otherwise provided for) . . . . . . . . . . . . . . . . . . . . 10. Entry of appearance and defence including attendance to file . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Reply, including attendance to file . . . . . . . . . . . . . . . . . . 12. If a ground specified in rule 92 is raised—reply, including copy for service and attendance to file . . . . . . . . . . . . . . . 13. Preparing admissions for judgment upon admission, and attending and obtaining execution of judgment . . . . . . . . $ 189.00 91.00 39.50 3.10 39.50 44.00 64.00 48.00 4.60 30.50 23.00 113.00 77.00 134.00 48.00

s4 5 s4 District Courts Amendment (No. 4) No. 293, 1996 14. A necessary or proper notice, undertaking or memorandum not otherwise mentioned, including copies to file and serve, attendance to file and service . . . . . . . . . 15. If a document mentioned in item 14 is special or necessarily more than 3 folios—for each additional folio Service If 2 or more documents have or could have been served together, 1 fee only for service of all such documents is to be allowed. 16. Service of plaint or an originating process on a party . . . 17. Service of a necessary document on a party or the party’s solicitor or on the registrar, if not authorised to be served by post . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18. Service of a necessary document as mentioned in item 17, if authorised to be served by post . . . . . . . . . . . 19. Service of summons on witness . . . . . . . . . . . . . . . . . . . 20. For a document served more than 3 km from the registrar’s office—a reasonable amount to be fixed by the registrar. 21. (1) If substituted service is ordered—costs of attendance, making appointments to serve, drawing, engrossing, attending to swear affidavits and to obtain order, but not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) These costs are additional to the fees mentioned in items 16 to 20, any court fees and oath fees. 22. (1) If substituted service by way of advertisement is ordered—for drawing and engrossing the advertisement, and attending to insert same (together with advertising fees paid) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) This fee is additional to the fees mentioned in items 16 to 20. Instructions 23. Instructions to sue or defend (including counterclaim) or for an originating process . . . . . . . . . . . . . . . . . . . . . . . . 24. (1) If— (a) a matter is settled or not proceeded with; and (b) no amount is allowed under item 27; 76.00 4.60 27.00 16.80 11.40 27.00 134.00 67.00 273.00

s4 6 s4 District Courts Amendment (No. 4) No. 293, 1996 the judge or registrar or taxing officer may allow an amount under this item. (2) The amount allowed under this item is to include— (a) allowances for instructions to settle and all attendances on, and correspondence with, the party and the party’s witnesses; and (b) all necessary work and perusals in connection with the settlement, advising in relation to the settlement, and briefs to counsel in regard to settlement; but, subject to subitems (3) and (5), must not be more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The judge or registrar or taxing officer may allow, in addition, any necessary out-of-pocket expenses. (4) If because of special circumstances, a party considers that the maximum allowance under subitem (2) is not enough for the work actually done, the party may apply to a judge to certify to the registrar or taxing officer that the registrar or taxing officer may allow a higher amount that the registrar or taxing officer considers proper in the circumstances. (5) The registrar or taxing officer may allow a higher amount under the certificate. 25. Instructions for special affidavits, including answers to interrogatories and affidavits as to documents . . . . . . . . . 26. Instructions for interrogatories and for special applications to the court or a judge under an Act other than the District Courts Act 1967 . . . . . . . . . . . . . . . . . . 27. (1) Instructions for brief for counsel, or brief notes for solicitor where no counsel employed on trial, including— (a) all attendances on, and correspondence with, the party and the party’s witnesses; and (b) all necessary perusals and work in connection with the preparation for hearing; not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The registrar or taxing officer may allow, in addition, necessary out-of-pocket expenses. (3) If because of special circumstances, a party considers that the maximum allowance under subitem (1) is not 989.00 24.00 61.00 2 922.00

s4 7 s4 District Courts Amendment (No. 4) No. 293, 1996 enough for the work actually done, the party may apply to the trial judge at or after the trial to certify to the registrar or taxing officer that the registrar or taxing officer may allow a higher amount that the registrar or taxing officer considers proper in the circumstances. (4) The registrar or taxing officer may allow a higher amount under the certificate. 28. Instruction for counsel to advise on evidence (including attendance on counsel) when allowed on taxation . . . . . . 95.00 Drawing 29. (1) A document must be necessary and relevant, and expressed without prolixity and the costs of all unnecessary, irrelevant or prolix matter must be disallowed. (2) No allowance is to be made to a solicitor for drawing a document actually drawn by counsel. (3) The allowance for drawing a brief is not to exceed . . 30. Drawing a brief on trial or on hearing before an arbitrator or referee where counsel employed—each folio . . . . . . . 31. Engrossing each folio of a brief or another necessary document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32. Preparing each folio of brief notes for practitioner where no counsel employed, including copy . . . . . . . . . . . . . . . 33. Drawing and engrossing brief for counsel on examination of witnesses, or to support or oppose any motion or application, where not otherwise provided for—not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34. (1) Drawing each folio of an affidavit, account or other necessary document (including a request for further particulars) where not otherwise provided for . . . . . . . . . (2) Preparing exhibit marking—each exhibit . . . . . . . . . . 35. (1) Drawing affidavit of service of a document, other than a plaint and summons, if considered necessary (including copy and attendance to swear and file) . . . . . . . . . . . . . . . (2) This fee is additional to any court fees and oath fees. 1 004.00 4.60 1.50 4.60 153.00 4.60 1.30 23.00

s4 8 s4 District Courts Amendment (No. 4) No. 293, 1996 Copies 36. (1) Each page of the total number of pages copied in a proceeding, including carbon or photographic copy, that the registrar or taxing officer considers necessary— (a) for pages 1 to 20 . . . . . . . . . . . . . . . . . . . . . . . . . (b) for pages 21 to 50 . . . . . . . . . . . . . . . . . . . . . . . . (c) for pages 51 to 100 . . . . . . . . . . . . . . . . . . . . . . . (d) after page 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In subitem (1)— “proceeding” means all of a proceeding in a court (whether or not between parties), including— (a) an incidental proceeding in the course of, or in connection with, a proceeding; and (b) an appeal or stated case. ** Perusals 39. Perusing deeds, correspondence, accounts and documents, if long and necessary, and if the registrar or taxing officer considers that allowance should be made in addition to item 27—50c for each folio, but not more than 40. Perusing and advising on notice to produce or admit, admission of facts, special defence, counterclaim, further particulars, answers to interrogatories or affidavit in obedience to order for discovery—for the first 10 folios 41. If a document mentioned in item 40 is longer than 10 folios—for each additional folio . . . . . . . . . . . . . . . . . Attendances More than 1 attendance at the office of the registrar in an action or matter must not be allowed unless the registrar or taxing officer is satisfied that each separate attendance was necessary. 42. Attending to enter final judgment . . . . . . . . . . . . . . . . . . 43. Attending at the office of the registrar, bailiff or on opposite party—where not otherwise provided for . . . . . 1.40 1.20 1.00 0.80 329.00 23.00 1.50 23.00 19.00 ** Items 37 and 38 are unallocated.

s4 9 s4 District Courts Amendment (No. 4) No. 293, 1996 44. If the attendance referred to in item 43 requires the personal attendance of the solicitor or managing clerk, and involves the exercise of skill or legal knowledge . . . 45. Attending to inspect documents, under a notice to admit, or an order or notice under a rule . . . . . . . . . . . . . . . . . . . 46. For each hour of attendance mentioned in item 45 after the first if the registrar or taxing officer considers that the attendance was necessary . . . . . . . . . . . . . . . . . . . . . . . . . 47. Attending to produce documents for inspection—for each necessary attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48. Attending on deponent to be sworn to an affidavit in answer to interrogatories, notice for discovery or other special affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49. Attending to inspect property—not more than—each hour 50. (1) Attendance of solicitor or managing clerk to inspect works or a place or for any other similar purpose where considered necessary by registrar or taxing officer—not more than—each hour . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Attendance of a clerk to inspect works or a place or for any other similar purpose where considered necessary by registrar or taxing officer—not more than—each hour 51. If an attendance is necessary to advise or receive instructions from a client during an action or matter, and the purpose for the attendance could not have been effected at any previous or subsequent attendance, and if the attendance has not been otherwise provided for in this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52. Attending on counsel with brief or with notice of appeal or other document to settle . . . . . . . . . . . . . . . . . . . . . . . . 53. If conference allowed by judge or registrar or taxing officer—appointing and attending conference—each hour 54. Attending court or judge without counsel to support or oppose a motion or application—if not otherwise provided for in this schedule . . . . . . . . . . . . . . . . . . . . . . 55. Attending court or judge with counsel to support or oppose a motion or application—if not otherwise provided for in this schedule . . . . . . . . . . . . . . . . . . . . . . 56. Attending necessary unopposed applications to a judge in chambers—if not otherwise provided for in this schedule 55.00 55.00 113.00 40.00 16.80 113.00 113.00 35.50 55.00 20.10 113.00 113.00 83.00 55.00

s 4 10 s 4 District Courts Amendment (No. 4) No. 293, 1996 57. Attending court on a callover . . . . . . . . . . . . . . . . . . . . . . 58. Attending court cause in list before trial—for each day up to a maximum of 3 days . . . . . . . . . . . . . . . . . . . . . . . . . 59. (1) Solicitor attending court on trial, or before arbitrator or referee, with counsel—each day . . . . . . . . . . . . . . . . . . . (2) Clerk attending court on trial, or before arbitrator or referee, with counsel—each day . . . . . . . . . . . . . . . . . . . (3) If the solicitor does not reside or carry on business within 5 km of the town in which the trial or hearing takes place— (a) the amount reasonably paid for travelling and living expenses to attend the trial or hearing; and (b) any reasonable amount ordered to be paid by a judge or allowed by the registrar or taxing officer because the solicitor was necessarily absent from his or her office. 60. (1) Solicitor attending court, arbitrator or referee and conducting trial or hearing where no counsel employed—each day . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Item 59(3) applies to an attendance by a solicitor under subitem (1). 61. Attending before judge, with or without counsel, to hear deferred judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62. Obtaining appointment to tax costs, and making and serving copy on opposite party . . . . . . . . . . . . . . . . . . . . 63. (1) Solicitor attending taxing of costs—each hour . . . . . . (2) Clerk attending taxing of costs—each hour . . . . . . . . 64. (1) Attendance to make search for bankruptcy, incorporation of companies (and obtaining certificate of bankruptcy or incorporation), births, marriages, deaths, registration of business names, or against lands, at the Supreme Court registry, or any similar search if a judge, or the registrar or taxing officer, considers that the search was necessary and the attendance is not covered by any item of instructions allowed . . . . . . . . . . . . . . . . . . . . . . . (2) The cost provided for in subitem (1) is in addition to any fee for the search or obtaining a certificate. (3) Any necessary or proper attendance by telephone . . . 33.00 33.00 563.00 178.00 770.00 24.00 15.80 113.00 35.50 13.60 11.40

s 4 11 s 4 District Courts Amendment (No. 4) No. 293, 1996 65. Attending a witness to arrange his or her attendance at court without subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals 66. Instructions to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67. Application for copy of judge’s notes . . . . . . . . . . . . . . . 68. Copy of judge’s notes—amount actually paid. 69. Preparing notice of appeal, including copies—not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70. Paying money into court as security for costs, including notice and service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71. Notice of nature and particulars of proposed security, including copies and service . . . . . . . . . . . . . . . . . . . . . . 72. Fair copy of record—each folio . . . . . . . . . . . . . . . . . . . . 73. Perusing record—each folio . . . . . . . . . . . . . . . . . . . . . . 74. In addition to items 66 to 73, costs of preparation of necessary affidavits, swearing and filing, attendances on opposite party or registrar, and necessary letters may be allowed in accordance with appropriate items in the general scale. 17.90 50.00 17.40 83.00 37.50 27.00 1.50 1.50 Fees allowable to counsel on taxation in certain cases These fees are allowable in cases in which— (a) in the case of plaintiff’s party and party costs—the amount recovered is not more than $50 000; or (b) in the case of defendant’s costs and plaintiff’s costs as between solicitor and client—the amount claimed does not exceed $50 000. No fee to counsel is to be allowed unless vouched by counsel’s signature. If counsel’s fees are allowed on taxation, the registrar or taxing officer may allow such higher or lower amount as the registrar or taxing officer considers reasonable. 75. To settle plaint, counterclaim, set-off, defence, or further particulars of plaint, counterclaim, set-off or defence, or to settle special case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76. To settle reply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161.00 90.00

s 4 12 s 4 District Courts Amendment (No. 4) No. 293, 1996 77. To settle notice of appeal or application . . . . . . . . . . . . . . 78. To settle interrogatories or answers to interrogatories . . . 79. To settle an affidavit or other document . . . . . . . . . . . . . . 80. On conference, inspection or similar attendance when allowed by a judge or the registrar or taxing officer—each hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81. To advise on evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . 82. (1) To advise on liability . . . . . . . . . . . . . . . . . . . . . . . . . (2) To advise on quantum . . . . . . . . . . . . . . . . . . . . . . . . (3) To advise on liability and quantum . . . . . . . . . . . . . . (4) Any other brief for opinion . . . . . . . . . . . . . . . . . . . . 83. (1) On trial or hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In cases or applications tried or heard outside the town in which counsel ordinarily practises, a further fee by way of out of chambers fee of $70.00 may be allowed for each day on which it is not reasonably practicable for counsel to be in attendance at chambers for a total of at least 1 hour, between 8.30 a.m. and 5.30 p.m. (3) If counsel is briefed to appear in court, to attend a conference or to attend on an inspection outside the town in which counsel ordinarily practises or resides, counsel is to be allowed reasonable travelling, meal and sundry expenses. 84. Refresher fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85. If more than 1 counsel is employed for a party and the judge certifies that such employment was reasonably necessary having regard to the difficulty or importance of the case, the fee of the senior of the counsel is to be a fee not more than the appropriate fee for the relevant item in this schedule increased by one-half, and the fee of the other counsel is not to exceed two-thirds of the fee allowed to the senior counsel. 86. (1) To support or oppose a formal application . . . . . . . . . (2) To support or oppose a standard application . . . . . . . (3) To support or oppose a complex application . . . . . . . 87. To hear deferred judgment, when certified by a judge, or allowed by the registrar or taxing officer, as being reasonably necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161.00 170.00 102.00 161.00 178.00 161.00 161.00 242.00 242.00 1 085.00 724.00 128.00 320.00 575.00 91.00

s 4 13 s 4 District Courts Amendment (No. 4) No. 293, 1996 88. On examination of judgment debtor . . . . . . . . . . . . . . . . 89. For an appearance of counsel not otherwise provided for where that appearance is certified by a judge, or allowed by the registrar or taxing officer, as being reasonably necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees to counsel in any other action within the jurisdiction of the court are to be as the registrar or taxing officer considers proper in all the circumstances. 153.00 183.00 Final judgment 90. (1) Costs of judgment by default under rule 146 . . . . . . . (2) In addition to the amount in subitem (1)— (a) if applicable—the allowance under item 64(1); and (b) if the registrar considers it appropriate—the allowances under items 52 and 75; and (c) all necessary out-of-pocket expenses. 91. (1) Plaintiff’s costs of final judgment, including summons and affidavit in support . . . . . . . . . . . . . . . . . . (2) The costs mentioned in subitem (1) are in addition to disbursements. 92. If summons for final judgment is necessarily served more than 3 km from the registrar’s office, an allowance under item 91 may also be made by the registrar or taxing officer. 93. Defendant’s costs of final judgment as mentioned in items 91 and 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94. If counsel engaged—brief to counsel and copy of documents to accompany, and attending counsel with documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493.00 322.00 324.00 154.00 Costs of the day 95. Costs of the day if allowed by the judge at the trial—the amount determined by the judge. Execution 96. Preparing execution, attending to issue and for return . . . 101.00

s 4 14 s 4 District Courts Amendment (No. 4) No. 293, 1996 Letters and miscellaneous 97. (1) Ordinary letter before action . . . . . . . . . . . . . . . . . . . . (2) Special letter before action—the amount allowed by the registrar or taxing officer, but not more than . . . . . . . (3) Any necessary letter sent or received, including agency correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Short letter of a formal nature sent or received forwarding documents without comment or a letter to the like effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In addition to the above fees, an allowance is to be made for the necessary expense of postage, carriage and transmission of documents (if facsimile copy—$1.15 per page). 98. Subject to item 99, plans, charts, photographs or models, where necessary for use at hearing, and certified by the judge, or allowed by registrar or taxing officer—not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99. A judge or the registrar or taxing officer may allow the amount actually paid in relation to a thing mentioned in item 98. 100. Solicitor’s clerk’s fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 101. In cases where it is considered reasonable to bring articles as exhibits or for inspection by a judge or jury, a reasonable sum may be allowed for the cost of doing so by the judge or the registrar or taxing officer. 20.60 23.50 16.90 8.70 516.00 72.00 Costs of appeal from Magistrates Court 102. For the first day—the amount that the court fixes (including counsel’s fees). 103. For each extra day if certified for by the court—the amount that the court fixes (including counsel’s fee). 104. Copies (other than copies prepared by photographic or similar means) of necessary documents at the rate of 30c for each folio of 72 words to be allowed in addition.

s 4 15 s 4 District Courts Amendment (No. 4) No. 293, 1996 Scale of witnesses expenses 105. (1) The same allowances are to be made to witnesses as are provided for in the Rules of the Supreme Court, schedule 2. (2) In the application of subitem (1) to a party and party taxation, a judge or the registrar has the powers of the taxing officer. All other appeals 106. (1) As far as practicable, this schedule applies in the same way as it applies to an appeal from a Magistrates Court. (2) If the appeal is, in the judge’s opinion, of such a special and important nature that the fees would not be fair and reasonable for the trouble, care, skill and expense necessarily involved in the proper preparation and conduct of the appeal case, the judge may allow the amount that, in the judge’s opinion, would be fair and reasonable. (3) To the extent that the schedule does not apply, the costs are to be in the discretion of the judge.’. ENDNOTES 1. Made by the Governor in Council on 24 October 1996. 2. Notified in the gazette on 25 October 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. © State of Queensland 1996