District Courts Amendment Rules 1991 (Qld)

Queensland Subordinate Legislation 1991 No. 48 District Courts Act 1967 ORDER IN COUNCIL At the Executive Building, Brisbane, the fifteenth day of August, 1991 Present: His Excellency the Governor in Council HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the District Courts Act 1967 , hereby sanctions the following Rules of Court. And the Honourable the Minister for Justice and Corrective Services is to give the necessary directions herein accordingly. E. J. BIGBY, Clerk of the Council

2 District Courts Amendment Rules 1991 DISTRICT COURTS AMENDMENT RULES 1991 Short Title 1. These rules may be cited as the District Courts Amendment Rules 1991. Commencement 2. These rules commence on 1 September 1991. Amended rules 3. The District Courts Rules 1968 are amended as set out in these rules. Replacement of Schedule of Scale of Fees and Costs 4. Schedule of Scale of Fees and Costs to be Paid to Counsel and Solicitors— omit , insert — ‘SCHEDULE OF SCALE OF FEES AND COSTS TO BE PAID TO COUNSEL AND SOLICITORS Item No. Subject Matter $ PLAINT AND SUMMONS, COUNTER-CLAIM AND SUMMONS 1 Preparation of plaint, statement of facts and all particulars of claim, including one copy for service, attendance on Registrar to issue, on Counsel to settle, and affidavit of service . . . . . . . . . . . . . . . . . . . . . . 167.00 2 Preparation of set-off or counter-claim copy to file, one copy for service, and attendance filing . . . . . . . 80.50

3 District Courts Amendment Rules 1991 Item No. Subject Matter $ (a) Summons for witness ad testificandum for any number of persons, including praecipes and attendances to issue . . . . . . . . . . . . . . . . . 35.50 For each copy after the first witness . . . . . . . . . . . . 2.80 (b) Summons to witness duces tecum, including all copies praecipes and attendances to issue . 35.50 4 Summons in Chambers, including attendance to issue and copy for service . . . . . . . . . . . . . . . . . . . . 39.00 NOTICES, CONSENTS, AND OTHER MEMORANDA 5 Notice before action in all cases where required by an Act, including copy and service . . . . . . . . . . . . . 57.50 6 Notice to admit or produce, including copy and service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43.00 7 If special or necessarily long, such allowance as the Judge or Registrar or Taxing Officer thinks proper (in addition to allowance under item 19 or 22 for service), not exceeding per folio . . . . . . . . . . . . . . . 4.20 8 For each further notice to produce or admit considered necessary by the Judge, or Registrar or Taxing Officer on taxation, including copy and service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.00 9 Any necessary or proper consent or admission, including attendance to obtain or give and copy for opposite party, except where otherwise provided . . 20.00 10 Entry of appearance and defence including attendance to file . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 11 Reply including attendance to file . . . . . . . . . . . . . . 68.00

4 District Courts Amendment Rules 1991 Item No. Subject Matter $ 12 Or where any of the grounds specifically indicated in Rule 92 are raised, copy to file, one copy for service, and attending to file . . . . . . . . . . . . . . . . . . 119.00 13 Preparing admissions for judgment upon admission, and attending and obtaining execution of 43.00 judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Any necessary or proper notice undertaking memorandum not otherwise provided for, including copies to file and serve, attending filing and service 67.00 15 If special or necessarily exceeding 3 folios, for each additional folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.20 SERVICE (Note—Where 2 or more documents have or could have been served together one fee only for service of all such documents is to be allowed.) 16 Service of plaint or any originating proceeding on a party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.00 17 Service of any necessary document on a party or the party’s solicitor or on the Registrar if not authorised to be served by post . . . . . . . . . . . . . . . . . . . . . . . . . 15.50 18 If authorised to be served by post . . . . . . . . . . . . . . 10.50 19 Service of summons on witness . . . . . . . . . . . . . . 24.00 20 For any document served more than 3 kilometres from the Registrar’s Office— a reasonable amount to be fixed by the Registrar. 21 Where substituted service is ordered, in addition, all costs of attendance, making appointments to serve, drawing, engrossing, attending to swear affidavits

Item No. 22 23 24 25 5 District Courts Amendment Rules 1991 Subject Matter and to obtain order (in addition to oaths and Courts Fees) not exceeding . . . . . . . . . . . . . . . . . . . . . . . . . In addition, where substituted service by way of advertisement is ordered, for drawing and engrossing, advertisement, and attending to insert same (together with advertising fees paid) . . . . . . . INSTRUCTIONS Instructions to sue or defend (including counter- claim) or for any originating proceeding . . . . . . . . . Where any matter is settled or not proceeded with and if no amount is allowed under item 27 an allowance may, in the discretion of the Judge, the Registrar or Taxing Officer, be made and is to include allowances for instructions to settle all attendances on and correspondence with the party and the party’s witnesses, all necessary work and perusals in connection with the settlement, the advising in relation to the settlement, and briefs to Counsel in regard to settlement, in the discretion of the Judge, the Registrar or Taxing Officer not exceeding (with discretionary power in the Judge, the Registrar or Taxing Officer to allow, in addition, any necessary out-of-pocket expenses) . . . . . . . . . . . . . If by reason of special circumstances, any party considers that the maximum allowance under this item is not sufficient remuneration for the work actually done, then that party may apply to a Judge to certify that the Registrar may allow an amount greater than the maximum allowance, as the Registrar thinks proper in all the circumstances. Instructions for special affidavits including answers to interrogatories and affidavits as to documents . . . $ 119.00 59.50 241.00 874.00 21.00

6 District Courts Amendment Rules 1991 Item No. Subject Matter $ 26 Instructions for interrogatories and for all special applications to the Court or a Judge of the Court under any Act other than the District Courts Act . . . 54.50 27 Instructions for brief for Counsel or brief notes for solicitor where no Counsel employed on trial including all attendances on and correspondence with the party and the party’s witnesses and all necessary perusals or work in connection with the preparation for hearing or both (with discretionary power to the Registrar to allow in addition any necessary out-of- pocket expenses) not exceeding . . . . . . . . . . . . . . . . 2 582.00 If by reason of special circumstances, any party considers that the maximum allowance under this item is not sufficient remuneration for the work actually done, then that party may apply to the Trial Judge at or after the trial to certify that the Registrar may allow an amount greater than the maximum allowance, as the Registrar thinks proper in all the circumstances. 28 Instruction for Counsel to advise on evidence (including attendance on Counsel) when allowed on taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84.00 DRAWING 29 (a) The matter of all documents should be necessary and relevant, and expressed without prolixity and the costs of all unnecessary, irrelevant or prolix matter must be disallowed. (b) No allowance is to be made to a solicitor for drawing a document actually drawn by Counsel. (c) The allowance for drawing brief is not to exceed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 887.00

7 District Courts Amendment Rules 1991 Item No. Subject Matter $ 30 Drawing brief on trial or on hearing before arbitrator or referee where Counsel employed—per folio . . . . 4.20 31 Engrossing brief and any other necessary document—per folio . . . . . . . . . . . . . . . . . . . . . . . . 1.40 32 Preparing brief notes for practitioner where no Counsel employed, including copy—per folio . . . . 4.20 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 exceeding . . . . . . . . . . . . . . . . . . . 135.00 34 (a) Drawing affidavits, accounts, and any document including request for further particulars allowed as necessary on taxation not otherwise provided for—per folio . . . . . . 4.20 (b) Preparing exhibit marking—per exhibit . . . . 1.20 35 Drawing affidavit of service of any document, other than plaint and summons, when deemed necessary (including copy and attendance to swear and file) in addition to oaths and fees . . . . . . . . . . . . . . . . . . . . . 20.00 COPIES 36 All copies (where no provision is made in this Schedule that the fee for preparing and drawing is to include copies), for each copy except otherwise provided as the Registrar may consider necessary, per page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.40 37 Carbon copies—per page . . . . . . . . . . . . . . . . . . . . . 1.40 38 Copy prepared by photographic or similar means—per page or sheet . . . . . . . . . . . . . . . . . . . . 1.40

8 District Courts Amendment Rules 1991 Item No. Subject Matter $ (NOTE—Where two or more copies could have been made by typewriter by the same impression, the Registrar is to allow for each copy, however made, the same rate only as for carbon copies). PERUSALS 39 Perusing deeds, correspondence, accounts, and documents when long and thought necessary, on taxation, if the Registrar or Taxing Officer considers that allowance should be made in addition to item 27— per folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.42 but not exceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . 291.00 40 Perusing and advising on notice to produce or admit, admission of facts, special defence, counter-claim, further particulars, answers to interrogatories, affidavit in obedience to order for discovery—if 10 folios or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 41 For each extra folio . . . . . . . . . . . . . . . . . . . . . . . . . 1.40 ATTENDANCES (NOTE—More than one attendance at the office of the Registrar in an action or matter shall not be allowed unless the Registrar or Taxing Officer on taxation is satisfied that each separate attendance was necessary). 42 Attendance to enter final judgment . . . . . . . . . . . . . 20.00 43 Attendance at the office of the Registrar, Bailiff or on opposite party, where not otherwise provided for . . 17.00

9 District Courts Amendment Rules 1991 Item No. Subject Matter $ 44 Where 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49.50 45 Attending to inspect documents, pursuant to a notice to admit, or to an order or to a notice under any rule 49.00 46 For each hour after the first in the opinion of the Registrar necessarily occupied . . . . . . . . . . . . . . . . 99.50 47 Attending to produce documents for inspection—for each necessary attendance . . . . . . . . . . . . . . . . . . . . 35.50 48 On deponent to be sworn to an affidavit in answer to interrogatories or notice for discovery or other special affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.50 49 Inspection of property not exceeding per hour . . . . . 99.50 50 (a) Attendance of solicitor or managing clerk to inspect works or locus in quo or for any other similar purpose where considered necessary by Registrar not exceeding—per hour . . . . . . 99.50 (b) If by a clerk—per hour . . . . . . . . . . . . . . . . . 31.50 51 Where it becomes necessary to advise or receive instructions from a client in the progress of an action or matter, and not for a purpose which could have been effected at any previous or subsequent attendance, and if an attendance was necessary, and has not been provided for in this Schedule . . . . . . . 49.00 52 Attendance on Counsel with brief or with notice of appeal or other document to settle . . . . . . . . . . . . . . 18.00 53 If conference allowed by Judge, Registrar or Taxing Officer—appointing and attending same—per hour 99.50

10 District Courts Amendment Rules 1991 Item No. Subject Matter $ 54 Attending Court or Judge to support or oppose any motion or application, when no Counsel employed, where not otherwise provided for . . . . . . . . . . . . . . 99.50 55 Attending same with Counsel . . . . . . . . . . . . . . . . . 74.50 56 All necessary unopposed applications to the Judge in Chambers, where not otherwise provided for . . . . . 49.50 57 Attending Court on calling over list . . . . . . . . . . . . . 29.50 58 Attending Court cause in list before trial, per day, allowance in any case not to exceed 3 days . . . . . . . 29.50 59 Solicitor attending Court on trial, or before arbitrator or referee, with Counsel—per day . . . . . . . . . . . . . . 497.00 If by a clerk—per day . . . . . . . . . . . . . . . . . . . . . . . 158.00 60 Solicitor attending Court or arbitrator or referee and conducting trial or hearing where no Counsel employed—per day . . . . . . . . . . . . . . . . . . . . . . . . . 681.00 Where the solicitor (whether Counsel employed or not) does not reside or carry on business within 5 kilometres of the town in which the trial or hearing takes place, in addition to the sum reasonably paid for travelling and for living expenses to attend the trial or hearing, such amount as may be ordered by the Judge or allowed by the Registrar or Taxing Officer. 61 Attending before Judge with or without Counsel to hear deferred judgment . . . . . . . . . . . . . . . . . . . . . . 21.00 62 Obtaining appointment to tax costs, and making and serving copy on opposite party . . . . . . . . . . . . . . . . 14.50

11 District Courts Amendment Rules 1991 Item No. Subject Matter $ 63 (a) Attending taxing costs—per hour . . . . . . . . . 99.50 (b) If by a clerk—per hour . . . . . . . . . . . . . . . . . 31.50 64 (a) Attendance to make search for bankruptcies, incorporation of companies (and obtaining certificates of same), births, marriages, deaths, registration of business names, against lands, at Supreme Court Registry Office or any like searches where thought necessary by Judge, Registrar or Taxing Officer and not covered by any item of instructions allowed, in addition to fee paid . . . . . . . . . . . . . . . . . . . . . 12.50 (b) If by telephone and any other necessary or proper telephone attendance . . . . . . . . . . . . . . 10.50 65 Attending witness arranging attendance at Court without subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.50 COSTS OF APPEAL 66 Instructions to appeal . . . . . . . . . . . . . . . . . . . . . . . . 45.00 67 Application for copy Judge’s notes . . . . . . . . . . . . . 16.00 68 Paid for same—amount actually paid. 69 Preparing notice of appeal including copies not exceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73.50 70 Paying money into Court as security for costs including notice and service . . . . . . . . . . . . . . . . . . . 33.50 71 Notice of nature and particulars of proposed security, including copies and service . . . . . . . . . . . . . . . . . . 24.00 72 Fair copy record—per folio . . . . . . . . . . . . . . . . . . . 1.40 73 Perusing record—per folio . . . . . . . . . . . . . . . . . . . 1.40

12 District Courts Amendment Rules 1991 Item No. Subject Matter $ 74 Costs of preparation of necessary affidavits, and swearing and filing same, and attendances on opposite party or Registrar, and letters, when necessary, and allowed by the Registrar, may be allowed in accordance with appropriate items in general scale. FEES ALLOWABLE TO COUNSEL ON TAXATION WHERE— (a) In the case of plaintiff’s party and party costs—the amount recovered does not exceed $50 000; (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. (NOTE—No fee to Counsel is to be allowed unless vouched by Counsel’s signature). The Registrar or Taxing Officer may allow such higher or lower amount as the Registrar or Taxing Officer thinks proper in all the circumstances. 75 To settle plaint, counter-claim, set-off, defence, or fduerftehnecrep, aorrtitcousleatrtsleosfppelcaiianlt, cacsoeun. t.e.r- . c.l.ai.m. . , . se.t.-o. f.f.o.r 143.00 76 To settle reply when allowed on taxation . . . . . . . . . 80.00 77 To settle notice of appeal or application, when allowed on taxation . . . . . . . . . . . . . . . . . . . . . . . . . 143.00 78 To settle interrogatories or answers to interrogatories when allowed on taxation . . . . . . . . . . . . . . . . . . . . 151.00 79 (a) To settle affidavit, when allowed on taxation . 90.00

13 District Courts Amendment Rules 1991 Item No. Subject Matter $ (b) To settle any other document when allowed on taxation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90.00 80 On conference, inspection or similar attendance when allowed by Judge, Registrar or Taxing Officer—per hour . . . . . . . . . . . . . . . . . . . . . . . . . . 143.00 81 To advise on evidence . . . . . . . . . . . . . . . . . . . . . . . 158.00 82 (a) To advise on liability . . . . . . . . . . . . . . . . . . . 143.00 (b) To advise on quantum . . . . . . . . . . . . . . . . . . 143.00 (c) To advise on liability and quantum . . . . . . . . 215.00 (d) Any other brief for opinion . . . . . . . . . . . . . . 215.00 83 (a) On trial or hearing . . . . . . . . . . . . . . . . . . . . . 959.00 (b) (i) 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 not less than $63.00 per day 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 one hour, between the hours of 8.30 am and 5.30 pm; (ii) Where 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 such travelling, accommodation, meal and sundry expenses as the Registrar or Taxing Officer thinks reasonable having regard to all the circumstances of the case. 84 Refresher fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639.00 85 Where more than one Counsel is employed for a party and the Judge certifies that such employment was reasonably necessary, having regard to the

14 District Courts Amendment Rules 1991 Item No. Subject Matter $ difficulty or importance of the case the fee of the senior of the Counsel is to be a fee not exceeding the appropriate fee for the relevant item in this Schedule increased by 50% and the fee of the other Counsel is not to exceed two-thirds of the fee allowed to the senior Counsel. 86 To support or oppose any application— Formal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113.00 Standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283.00 Complex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508.00 87 To hear deferred judgment, when certified by Judge, or allowed by Registrar . . . . . . . . . . . . . . . . . . . . . . 80.50 88 On examination of Judgment Debtor . . . . . . . . . . . 135.00 89 For any appearance of Counsel not otherwise provided for where that appearance is certified by a Judge, Registrar or Taxing Officer as reasonably necessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163.00 FEES TO COUNSEL IN ANY OTHER ACTION WITHIN THE JURISDICTION OF THE COURT ARE TO BE AS THE REGISTRAR OR TAXING OFFICER THINKS PROPER IN ALL THE CIRCUMSTANCES FINAL JUDGMENT 90 Costs of judgment by default under Rule 146 and in addition, when applicable, an allowance under item 64 and in the discretion of the Registrar allowances under items 52 and 75 and all necessary out-of- 435.00 pocket expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Plaintiff’s costs of final judgment, including dsuismbumrosenms eanntds a. f.f.id. a. v. i.t. i.n. . su. p. . p.o.rt., . i.n. . ad. . d.it.io. n. . t.o 285.00

15 District Courts Amendment Rules 1991 Item No. Subject Matter $ 92 An allowance under item 91 is, in addition, to be made at the discretion of the Registrar if summons for final judgment is necessarily served more than 3 kilometres from the Registrar’s Office. 93 Defendant’s costs of a similar application, in addition 287.00 to disbursements . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 If Counsel engaged, brief to Counsel and copy of dwoitchumdoecnutms etnotsac. c.o.m. . p.a.n.y. a. n. d. . a. t.te. n. d. i.n.g. . C. o. u. n. s.e.l 136.00 COSTS OF THE DAY 95 Costs of the day (if allowed by the Judge at the Trial), such amount as the Judge determines. EXECUTION 96 Preparing execution and attending to issue and for return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89.00 LETTERS AND MISCELLANEOUS 97 (a) Ordinary letter before action . . . . . . . . . . . . . 18.50 (b) Special letter before action in the discretion of the Registrar or Taxing Officer not exceeding 21.00 (c) Any necessary letter, sent or received, including agency correspondence . . . . . . . . . 15.50 (d) Short letter of a formal nature sent or received forwarding documents without comment or to the like effect . . . . . . . . . . . . . . . . . . . . . . . . . 8.00 (e) In addition to the above charges, 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 Plans, charts, photographs, or models, where

16 District Courts Amendment Rules 1991 necessary for use at hearing, and certified by the Judge, or allowed by Registrar or Taxing Officer not exceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457.00 99 Or in discretion of Judge, Registrar or Taxing Officer amount actually paid. 100 Solicitor’s clerk’s fees . . . . . . . . . . . . . . . . . . . . . . . 63.00 101 In cases in which it is considered reasonable to bring articles as exhibits or for inspection by Judge or Jury a reasonable sum may be allowed for the cost of doing so in the discretion of the Judge, Registrar or Taxing Officer. COSTS OF APPEAL FROM MAGISTRATES COURT 102 Such amount as the Court shall fix (including Counsel’s fee). 103 Each extra day if certified for (including Counsel’s fee). 104 Copies of necessary documents at the rate of 30c per folio of 72 words and costs of execution to be allowed in addition (other than copies prepared by photographic or similar means). SCALE OF WITNESSES EXPENSES The same allowances are to be made to witnesses as are provided for in the Scale of “Allowances to Witnesses” in the Second Schedule to the Rules of the Supreme Court. In the application of that Scale to a party and party taxation the Judge or the Registrar has the powers of the Taxing Officer. ALL OTHER APPEALS As far as practicable this Scale applies in the same manner as it applies to appeals from the Magistrates Court. Whenever the appeal is, in the opinion of the Judge, of such a special and important nature that the fees would not be a fair and reasonable remuneration for the trouble, care, skill and expense necessarily involved in the proper preparation and conduct of the appeal case, the Judge may allow such sum as, in the Judge’s opinion, would amount to fair and reasonable remuneration. To the extent that the Scale does not apply, the costs are to be in the

17 District Courts Amendment Rules 1991 discretion of the Judge or on a solicitor and client basis in the discretion of the Taxing Officer. GENERAL (a) The charges set out in this Schedule are to cover all services performed to which they are applicable and all incidental work and attendances and no costs which are not provided for in the scale or by a Rule of Court are payable to any practitioner in actions or matters to which this scale applies, but as between solicitor and client, costs which are not provided for in the scale 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 those costs are reasonable. (b) A Court or Judge may direct that the fees and costs to be allowed for Counsel or solicitor are to be— (i) less than those prescribed by this scale or are to be taxed upon the appropriate Magistrages Courts Scale of Costs. (ii) in excess of those prescribed either generally or in respect of any particular item where by reason of the work involved or the importance, difficulty or complexity of the action or matter the prescribed item is not adequate remuneration. As between solicitor and client, the solicitor is to be allowed necessary expenses of travelling between the town which is the place of hearing and the town in which the solicitor ordinarily practices or resides (whichever is the nearer). (d) A Court may disallow the cost of any step taken by any party in any proceeding in a Court if it thinks that step was unnecessary for the proper conduct of the proceeding on behalf of that party. (e) A Registrar may refer any 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 sees fit. (f) Unless otherwise provided in the Act or Rules, the principles and practice applied in the Supreme Court on Taxation of Costs are applicable. (g) If the plaintiff in an action to recover a debt or damages commenced in a Court recovers less than the sum of $5 000 and

18 District Courts Amendment Rules 1991 the action is one which may have been brought in a Magistrates Court, the plaintiff is not entitled to any greater sum for costs than would have been recovered if the action had been brought in a Magistrates Court unless the Court or Judge so orders. (h) If the plaintiff in an action to recover a debt or damages commenced in the Court recovers less than $500 the plaintiff is not entitled to any costs unless the Court or Judge so orders. (i) Where the hearing of a case occupies more than one day and the time occupied on any one day after the first day is less than a full day the Judge or the Registrar or Taxing Officer may in respect of that day allow only such part of a full day’s costs and Counsel’s fees as is considered reasonable. (j) Wherever the expressions “per hour” or “per day” appear, the Registrar or Taxing Officer is to apportion the charge on a pro rata basis, but in respect of item 80, the Registrar or Taxing Officer is to allow the prescribed fee for the first hour and thereafter is to apportion the fee on a pro rata basis. ’. ENDNOTES 1. Published in the Gazette on 17 August 1991. 2. Laid before the Legislative Assembly on 4 September 1991. 3. The administering agency is the Department of Justice. The State of Queensland 1991