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 .........
|
184.40 |
2
| To make or oppose
any interlocutory application ...................................................
|
81.80
|
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
|
184.40 |
4
| For any pleading
(other than a statement of claim) ..........................................................
|
143.20
|
5
| To amend any
pleading .................................
| 49.40
|
6
| For a statement of
facts or an agreed statement of facts in a matter ........................................
|
143.20
|
7
| For
interrogatories, answers to interrogatories, special affidavits or an
affidavit (not being a formal affidavit) ...........................................
|
110.50 |
8
| For Counsel to
advise ...................................
| 78.90
|
9
| For a
document not otherwise provided for ....
| 31.20
|
10
| For
a brief for Counsel on a hearing or application in Court or in Chambers or
brief notes for solicitor .......................................... NoteInstructions 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.
|
102.50 |
Writs
|
11
| Writ of Summons for
the commencement of an action or other writ not specifically provided for ...............................................................
|
85.30 |
12
| Concurrent Writ of
Summons ........................
| 30.60
|
13
| Writ of Subpoena .........................................
| 44.60
|
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.
|
6.20
|
Summonses and motions
|
15
| Any Chamber Summons
or motion, including preparation, copies and attendance to issue, including
attendance to fix return date.............
|
52.40 |
-
if more than 3 folios, for each extra folio ......
| 6.20
|
Appearances and notices
|
16
| Preparing and
entering an appearance including duplicate memorandum and Notice of
Appearance for service .............................
|
86.20 |
17
| Any
necessary or proper notice or memorandum not otherwise provided for, or any
demand ..................................................
|
28.80 |
- 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.
| 6.20
|
Drawing
|
18
| Drawing any
pleading or affidavit not exceeding 5 folios .........................................
|
81.80
|
-
or, per folio ................................................
| 11.50
|
19
| Drawing any other
document where no other provision is made -
per folio .....................................................
|
11.30 |
Engrossing
|
20
| Marking each
exhibit to an affidavit ...............
| 2.00
|
21
| Engrossing any
document -
per folio .....................................................
| 4.20
|
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.
|
2.00
|
Perusal and examination
|
23
| Perusal of any
document including special letter, telegram, telex or similar document ......
|
30.50
|
-
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.
| 4.20
|
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 .....................................................
| 30.60
|
-
clerk ..........................................................
| 10.00
|
Correspondence
|
25
| Short letter
including a formal acknowledgment, making appointments, forwarding documents
without comment ........
|
14.50 |
26
| Ordinary
letter (including letters between principal and agent) ......................................
|
24.70
|
27
| Circular letter
(after the first) each .................
| 8.20
|
28
| Special letter or
letter containing opinion and including letters of substance between
principal and agent .......................................
|
40.80 |
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) ....................................................
|
40.80 |
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.
|
2.00
|
Service
|
31
| Personal
service of any process or proceeding where necessary ...........................................
|
50.80
|
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
.....................................
| 45.20
|
(b).. agent’s
charges .....................................
and
such disbursements as may reasonably be incurred.
| 86.30
|
33
| Service of any
document at the office of the address for service either by delivery or by
post .............................................................
|
17.40 |
Attendances
|
34
| An attendance which
requires the attendance of a solicitor -
per quarter hour ..........................................
|
48.90
|
35
| An attendance which
is capable of being made by a clerk .....................................................
|
30.50
|
-
or, per quarter hour .....................................
| 8.00
|
36
| Making an
appointment or similar attendance by telephone .................................................
|
14.50
|
37
| An attendance on
counsel -
with brief or other papers .........................
| 31.10
|
- to appoint a conference or consultation .....
| 13.60
|
38
| A conference or
consultation with counsel .....
| 81.80
|
-
or, per half hour .......................................
| 61.70
|
39
| On a summons or
other application in Chambers .....................................................
|
46.10
|
-
or, per half hour .........................................
| 81.80
|
40
| In Court or in Chambers
instructing counsel on any hearing or application
|
-
if a solicitor attends, per hour ......................
| 196.70
|
or
|
-
if a clerk attends, per hour ...........................
| 81.90
|
41
| On an application
or appearance before a Registrar or a Taxing Officer .........................
|
102.50
|
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.
| 122.80
|
42
| To hear judgment .........................................
| 53.60
|
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 ..............................................................
|
411.10 |
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 ..............................
|
918.40 |
45
| An attendance for
which no other provision is made ...........................................................
|
40.80
|
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.......................................................
| 132.90
|
-
clerk ..........................................................
| 44.30
|
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 ......................................................
|
748.00 |
50
| Witnesses called,
other than those covered in item 49 -
per day ......................................................
|
78.90 |
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.
|