Instructions
|
1.
| To sue or
defend, or to make or oppose an application for special leave to appeal, or
to appeal, or oppose an appeal or to cross appeal, or for any other
originating proceedings .........
|
163.50 |
2.
| To make or
oppose any interlocutory application .......................................................
|
72.50
|
3.
| For a special
case, case stated or reservation
of question of law for the consideration of a Full Court, or for a statement
of claim or a petition..............................................................
|
163.50 |
4.
| For any pleading
(other than a statement of claim) ...............................................................
|
127.00
|
5.
| To amend any
pleading ...................................
| 43.80
|
6.
| For a statement
of facts or an agreed statement of facts in a matter ...........................................
|
127.00
|
7.
| For
interrogatories, answers to interrogatories, special affidavits or an
affidavit (not being a formal affidavit) ..............................................
|
98.00 |
8.
| For counsel to
advise .......................................
| 70.00
|
9.
| For a document
not otherwise provided for ....
| 27.70
|
10.
| For a brief for counsel on
a hearing or application in Court or in Chambers or brief notes for solicitor
............................................. Note Instructions
are not to be allowed where the work intended to be included therein is
charged for and allowed in detail. Instead of the above costs for
instructions, such larger sum may be claimed as is reasonable in all the
circumstances of the case, and is allowed on taxation at the discretion of
the Taxing Officer.
|
90.90 |
Writs
|
11.
| Writ of Summons
for the commencement of an action or other writ not specifically provided for
....................................................................
|
75.60 |
12.
| Concurrent Writ
of Summons .........................
| 27.10
|
13.
| Writ of Subpoena
.............................................
| 39.50
|
14.
| If any of the
above writs exceeds 3 folios, for each extra folio ................................................ Note These
costs include all endorsements, and copies (for the officers sealing them)
and attendances to issue or seal, but not the Court fees.
|
5.50
|
Summonses and
motions
|
15.
| Any Chamber
Summons or motion, including preparation, copies and attendance to issue,
including attendance to fix return date ............
|
46.50 |
- if more than 3
folios, for each extra folio .....
| 5.50
|
Appearances and notices
|
16.
| Preparing and
entering an appearance including duplicate memorandum and Notice of
Appearance for service ....................................
|
76.40 |
17.
| Any necessary or proper notice or memorandum not otherwise provided
for, or any demand ......................................................
|
25.50 |
- if more than 3 folios, for each extra folio ..... Note This
provision shall not apply to short notices or memoranda endorsed on other
documents but the words or folios therein may be allowed as part of the
documents so endorsed.
| 5.50
|
Drawing
|
18.
| Drawing any
pleading or affidavit not exceeding 5 folios ............................................
|
72.50
|
- or, per folio ....................................................
| 10.20
|
19.
| Drawing any
other document where no other provision is made - per folio .........................................................
|
10.00 |
Engrossing
|
20.
| Marking each
exhibit to an affidavit ...............
| 1.80
|
21.
| Engrossing any
document - per folio .........................................................
| 3.70 |
Copies
|
22.
| Of any document
including carbon, photographic or machine made copy per
page ................................................................. Except that
where the allowance for 10 or more pages is claimed, in respect of any
document, the sum allowed for such copies shall be at the discretion of the
Taxing Officer.
|
1.80 |
Perusal and
examination
|
23.
| Perusal of any document including special letter, telegram, telex or
similar document ......
|
27.00
|
- or, per folio .................................................... Except that where an allowance for 30 or more folios is claimed, in
respect of any document, the sum allowed for perusal shall be at the
discretion of the Taxing Officer.
| 3.70
|
24.
| Where it is not
necessary to peruse a document, such as, checking a proof print of, or
examining an application or appeal book per quarter hour
|
- solicitor ..........................................................
| 27.10
|
- clerk ...............................................................
| 8.90
|
Correspondence
|
25.
| Short letter
including a formal acknowledgment, making appointments, forwarding documents Without comment ............................................
|
12.90 |
26.
| Ordinary letter
(including letters between principal and agent) .........................................
|
21.90
|
27.
| Circular letter
(after the first) each ..................
| 7.30
|
28.
| Special letter
or letter containing opinion and including letters of substance between
principal and agent ..........................................................
|
36.20 |
or
|
Such sum as the
Taxing Officer thinks reasonable in the circumstances.
|
29.
| Telegram, facsimile copy, telex or other document by similar
transmitting process including attendance to dispatch (where necessary) ........................................................
|
36.20 |
or
|
Such sum as the
Taxing Officer thinks reasonable in the circumstances.
|
30.
| Receiving and
filing any incoming special letter, facsimile, telegram or telex ................... Note Postage
and transmission fees may be claimed as a disbursement properly incurred.
|
1.80
|
Service
|
31.
| Personal service
of any process or proceeding where necessary ...............................................
|
45.00
|
or
|
Such sum may be
allowed as is reasonable having regard to time occupied, distance travelled
and other relevant circumstances.
|
32.
| When, in
consequence of the distance of the party to be served, it is proper to effect
service through an agent, instead of the allowance for service for:
|
(a)... Correspondence
.......................................
| 40.10
|
(b) Agent’s charges ...................................... and such
disbursements as may reasonably be incurred.
| 76.50
|
33.
| Service of any
document at the office of the address for service either by delivery or by
post ...........................................................................
|
15.40 |
Attendances
|
34.
| An attendance which requires the attendance of a solicitor Per quarter hour ...............................................
|
43.40 |
35.
| An attendance
which is capable of being made by a clerk .........................................................
|
27.00
|
- or, per
quarter hour ........................................
| 7.10
|
36.
| Making an
appointment or similar attendance by telephone ....................................................
|
12.90
|
37.
| An attendance on counsel: - with brief or other papers ..............................
| 27.60 |
- to appoint a
conference or consultation ........
| 12.10
|
38.
| A conference or
consultation with counsel .....
| 72.50
|
- or, per half
hour .............................................
| 54.70
|
39.
| On a summons or
other application in Chambers .........................................................
|
40.90
|
- or, per half
hour .............................................
| 72.50
|
40.
| In Court or in
Chambers instructing counsel on any hearing or application
|
- If a solicitor
attends, per hour .......................
| 174.40
|
or
|
- If a clerk
attends, per hour ............................
| 72.60
|
41.
| On an application or appearance before a Registrar or a Taxing
Officer............................
|
90.90
|
or
|
- Per hour ......................................................... Note Instead of the above costs for
attendances, such larger sum may be claimed as is reasonable in all the
circumstances of the case, and is allowed on taxation at the discretion of
the Taxing Officer.
| 108.90
|
42.
| To hear judgment
.............................................
| 47.50
|
43.
| When in the
opinion of the Taxing Officer it is necessary for two solicitors, or a
solicitor and a clerk to attend on a hearing, such additional allowance as
the Taxing Officer thinks reasonable shall be made not exceeding per day ...........................................................................
|
364.50 |
44.
| Where the Taxing Officer is satisfied that a solicitor’s principal
place of practice is in a place other than that in which the Court is
sitting, and it is necessary for the solicitor to leave that place to attend
in Court or in Chambers at the hearing of an appeal, application, or cause,
an allowance (in addition to reasonable travelling expenses) may be made for
each day that the solicitor is necessarily absent from the principal place of
practice of such amount that the Taxing Officer thinks reasonable having
regard to such other charges as the solicitor may be entitled to make in the
matter. Not exceeding per day .....................................
| 814.30 |
45.
| An attendance
for which no other provision is made ................................................................
|
36.20
|
Preparation of appeal and application books
|
46.
| Preparation of appeal and application books including collating all
necessary material, all necessary attendances and general oversight of their
preparation in cases where the Registrar is satisfied it has been done
efficiently. Per hour:
|
- solicitor ..........................................................
| 117.80
|
- clerk ...............................................................
| 39.30
|
47.
| Where appeal or
application books are prepared in a solicitor’s office, the Taxing Officer
may in his or her discretion allow such sum as the Taxing Officer thinks just
and reasonable having regard to work and labour properly performed and
charged for material used. In exercising his or her discretion the Taxing
Officer shall have regard to commercial rates for copying and binding and is
not obliged to apply the photographic or machine made copy costs otherwise
allowable in this scale.
|
General care
and conduct
|
48.
| The Taxing Officer may, where the case or circumstances warrant it,
allow an amount to be claimed under this item, in addition to any item which
appears in this scale, for general care and conduct. In exercising his or her
discretion the Taxing Officer may have regard to any matters which the Taxing
Officer considers relevant including: (a).. the
complexity of the matter and the difficulty and novelty of the questions
raised or any of them; (b).. the
importance of the matter to the party and the amount involved; (c).. the
skill, labour, specialised knowledge and responsibility involved therein on
the part of the solicitor; (d).. the
number and importance of the documents prepared or perused without regard to
length; (e).. the
time expended by the solicitor; (f).. research
and consideration of questions of law and fact.
|
Witnesses
expenses
|
49.
| Witnesses called
because of their professional, scientific or other special skill or
knowledge. Per day .............................................................
|
663.20 |
50.
| Witnesses
called, other than those covered in item 49. Per day .............................................................
|
70.00 |
51.
| Witnesses remunerated in their occupation by wages, salary or fees,
the amount lost by attendance at Court.
|
52.
| Where the witness resides more than 50 kilometres from the
Court, such sum as the Taxing Officer thinks reasonable for the actual cost
of conveyance, together with a reasonable amount for sustenance or
maintenance.
|
53.
| The Taxing
Officer may also allow such amount as he or she thinks reasonable and
properly incurred and paid to witnesses for qualifying to give skilled
evidence.
|
54.
| Notwithstanding
anything in the scale, the Taxing Officer may allow to an expert witness a
special fee for attendance at Court not covered by the foregoing paragraphs
of this item when the witness is acting as an expert in assisting counsel or
a solicitor for a period during the trial or hearing. The scale in this item
does not affect the existing practice of allowing qualifying fees to
witnesses.
|
Disbursements
|
55.
| All Court fees,
counsel’s fees and other fees and payments to, the extent to which they have
been properly and reasonably incurred and paid, shall be allowed.
|
56.
| The remuneration
allowed to a solicitor shall be governed by the foregoing scale but in
special cases the Taxing Officer may in his or her discretion allow such
additional charges or disbursements as the Taxing Officer considers
reasonable.
|