High Court Amendment (Fees and Other Matters) Rules 2022 (Cth)

High Court Amendment (Fees and Other Matters) Rules 2022

We, Justices of the High Court of Australia, make the following Rules of Court.

Dated 7 March 2022

S. M. Kiefel

S. J. Gageler

P. A. Keane

M. M. Gordon

J. J. Edelman

S.H.P. Steward

J.S. Gleeson

Justices of the High Court of Australia

P. A. Lynch
Chief Executive and

Principal Registrar

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments  2

Part 1—Amendments relating to fees  2

High Court Rules 2004  2

Part 2—Other amendments  5

High Court Rules 2004  5

1  Name

These Rules are the High Court Amendment (Fees and Other Matters) Rules 2022.

2  Commencement

(1)  Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1.  The whole of these Rules	1 May 2022.	1 May 2022

Note:          This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

(2)  Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3  Authority

These Rules are made under the following:

(a)  the Judiciary Act 1903;

(b)  the Commonwealth Electoral Act 1918;

(c)  the High Court of Australia Act 1979.

4  Schedules

Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.

Schedule 1—Amendments

Part 1—Amendments relating to fees

High Court Rules 2004

1  Schedule 2

Repeal the Schedule, substitute:

Schedule 2—Fees for work done and services performed

Note:       See rule 52.02.

1  Application of this Schedule

  This Schedule, as substituted by the High Court Amendment (Fees and Other Matters) Rules 2022, applies to work done or services performed on or after 1 May 2022.

2  Fees for work done and services performed

The following table sets out the fees allowable for work done and services performed.

Fees for work done and services performed
Item	Matter for which fee may be charged	Fee
INSTRUCTIONS
1	Instructions to commence or oppose a proceeding	$575.90
2	Instructions to make or oppose any interlocutory application	$287.90
3	Instructions to prepare any pleading	$287.90
4	Instructions to brief counsel	$287.90
5	Instructions to do any other thing not otherwise provided for	$287.90
PREPARING DOCUMENTS
6	Preparing any document, other than court books and correspondence:
(a) by a solicitor, if 5 minutes or less; or	$46.00
(b) by a solicitor, if more than 5 minutes; or	$144.00 per quarter hour or part thereof
(c) by a law clerk, if 5 minutes or less; or	$23.10
(d) by a law clerk, if more than 5 minutes	$72.10 per quarter hour or part thereof
PREPARING COURT BOOKS
7	Preparing court books, including application books, appeal books, case stated books, special case books and questions reserved books	$144.00 per quarter hour or part thereof
PREPARING CORRESPONDENCE
8	Preparing:
(a) simple correspondence; or	$57.60 per page of text
(b) other correspondence	$144.00 per page of text
READING DOCUMENTS
9	Reading:
(a) simple correspondence; or	$11.60 per page of text
(b) other correspondence	$144.00 per quarter hour or part thereof
10	Reading documents, other than correspondence:
(a) up to 10 pages of text; or	$11.60 per page of text
(b) otherwise	$144.00 per quarter hour or part thereof
EXAMINING DOCUMENTS
11	Examining a document to ensure that it is correct or complete (for example, a proof print of a court book):
(a) up to 10 pages of text; or	$5.70 per page of text
(b) otherwise	$72.10 per quarter hour or part thereof
COPYING DOCUMENTS
12	Copying documents:
(a) black and white photocopies; or	58 cents per page
(b) colour photocopies	$1.90 per page
ATTENDANCES
13	Attendances, including telephone attendances, research, conferences with clients and conferences with counsel:
(a) by a solicitor, if 5 minutes or less; or	$46.00
(b) by a solicitor, if more than 5 minutes; or	$144.00 per quarter hour or part thereof
(c) by a law clerk, if 5 minutes or less; or	$23.10
(d) by a law clerk, if more than 5 minutes	$72.10 per quarter hour or part thereof
14	Attendances in Court, including travelling time to and from Court:
(a) by a solicitor; or	$144.00 per quarter hour or part thereof
(b) by a law clerk	$72.10 per quarter hour or part thereof
Note:       The Taxing Officer has the discretion to allow for the attendance of more than one solicitor or law clerk in Court if the circumstances warrant it.
15	Any other attendance not otherwise provided for	$72.10 per quarter hour or part thereof
GENERAL CARE AND CONDUCT
16	In complex or novel matters the Taxing Officer may allow an additional amount for the general care and conduct of the matter, not exceeding 5% of the total of the fees and disbursements otherwise allowed
WITNESSES’ EXPENSES
17	For each witness, including that witness’ travelling time	$287.90 per hour or part thereof
18	If a witness is an expert, the Taxing Officer may allow an amount equal to the expert’s actual fees for preparing to give evidence and for attending to give evidence
DISBURSEMENTS
19	All disbursements reasonably incurred and paid are to be allowed
MISCELLANEOUS
20	In unusual cases, or in instances that are not otherwise covered by the preceding items, the Taxing Officer may allow such additional charges or disbursements as are reasonable in the circumstances

Part 2—Other amendments

High Court Rules 2004

2  Part 43

Repeal the Part.