Employees Compensation Regulations (Amendment) (Cth)

STATUTORY RULES.

1933. No. 141.

REGULATIONS UNDER THE COMMONWEALTH EMPLOYEES COMPENSATION ACT 1930.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Employees’ Compensation Act 1930.

Dated this twelfth day of December, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

R. G. CASEY

for Treasurer.

 

Amendment of Employees’ Compensation Regulations.

(Statutory Rules. 1930, No. 134, as amended to this date.)

1. The Employees’ Compensation Regulations are amended by inserting after Regulation 17 the following regulation:—

Costs of appeal.

“18.—(1.) The allowance of costs of and incidental to an application for an extension of the time for appeal, or to any appeal, under section twenty of the Act (including an adjournment), to be paid by one party to another, shall be in the discretion of the Court to which the application or appeal is made and the Court shall have full power to allow or disallow the costs.

(2.) Where a Court allows costs in pursuance of sub-regulation (1.) of this regulation it shall make an order directing by whom and to whom the costs are to be paid, and, if the amount of the costs is not fixed by agreement between the parties, the Court shall fix the amount of the costs, or direct that the amount be fixed by the Taxing Officer of the Court, in accordance with the provisions of sub-regulation (3.) of this regulation.

(3.) The amount of costs shall be fixed in accordance with the following provisions:—

(a) The fees, which may be allowed to a solicitor or counsel or to solicitor and counsel shall not exceed the amounts set out in the following scale:—

£	s.	d.
Instructions for application for extension of time for appeal, preparing, serving and filing notice of application, and all other services in connexion with the application rendered prior to the hearing of the application...........	1	1	0

 

£	s.	d.
Instructions to oppose application for extension, of time for appeal, and all other services in connexion with the opposition thereto rendered prior to the hearing of the application...............	1	1	0
Attendance of solicitor or counsel, or solicitor and counsel, on hearing of application.................................................	1	1	0
Instructions to appeal, preparing, filing and serving notice of appeal, and all other services in connexion with the appeal rendered prior to the hearing of the appeal.......................................	2	2	0
Instructions to oppose appeal including all services in connexion with the opposition thereto, rendered prior to the hearing of the appeal......................................................................	2	2	0
Attendance of solicitor or counsel or solicitor and counsel on hearing of appeal—
For first five hours or portion thereof	5	5	0
For each subsequent hour or portion of an hour	1	1	0
Any other necessary appearance before the Court of solicitor or counsel or solicitor and counsel...................................	l	1	0
preparing Bill of Costs for taxation, serving and filing Bill, attending-taxation and for allocatur and all other services rendered in connexion with the taxation of costs................	0	13	4.

(b) Expenses and Mileage for the attendance of parties or witnesses may be allowed at rates not exceeding the rates ordinarily allowable for the attendance of parties and witnesses in an action in the Court.

(c) Disbursements which in the opinion of the Court or the taxing officer have been properly made may be allowed.

(4.) An order for the payment of costs made by the Court in pursuance of this regulation shall have the same force and effect in all respects as a judgment of the Court and the like proceedings (including, proceedings in Bankruptcy) may be taken upon the order as if it had been a judgment of the Court for the amount of the costs.

(5.) In this regulation “Taxing Officer” means the Registrar, Clerk of the Court or other person having power to tax the costs of an action in the Court.”

 

By Authority: L. F. Johnston, Commonwealth Government Printer Canberra.