High Court of Australia Rules of Court (Cth)

STATUTORY RULES.

1923. No. 70.

HIGH COURT OF AUSTRALIA.

 

Rules of Court.

As of Friday, the 25th day of May, a.d. 1923.

It is ordered as follows:—

I.—That Part I. of the Rules of this Court be amended in the manner hereinafter appearing, that is to say:—

1. Order I. is amended by adding at the end thereof the following rule:—

Change of solicitor.

“5. A party suing or defending by a solicitor may change his solicitor in any cause or matter, without an order for that purpose, upon notice of such change being filed in the Registry, but until such notice is filed and a copy thereof served, the former solicitor shall be considered the solicitor of the party.”.

2. Order XIX. is amended by omitting from paragraph (b) of Rule 3 the words “six weeks” and inserting in their stead the words “four weeks”.

3. Order XX. is amended—

(a) by omitting from Rule 6 the words “eight days” and inserting in their stead the words “twenty-one days”; and

(b) by omitting from Rule 7 the words “sixteen days” and inserting in their stead the words “twenty-one days”.

4. Order XXII. is amended by omitting from Rule 3 the words “four days” and inserting in their stead the words “eight days”.

5. Order XXIX. is amended by inserting at the end of Rule 1 the following paragraph:—

“A copy of the interrogatories delivered by any party shall be filed in Court on the day on which the same are delivered to the opposite party.”.

6. Order LI. is amended—

(a) by inserting in the heading thereto, after the word “revocation”, the words “and extension”; and

(b) by inserting in rule 1, after the word “revocation”, the words “or extension”.

C.3890.—Price 8d.

 

(c) by omitting rule 3 and inserting in its stead the following new rule:—

Persons to be served.

“3. At the foot of every petition and of every copy thereof a statement shall be made of the persons, if any, upon whom it is intended to serve the petition, and if it is not intended to serve the petition upon any person, a statement to that effect shall be made at the foot of the petition.”; and

(d) by inserting, after rule 8, the following new rules:—

Notice to be delivered to Commissioner.

“9. Notice of every application for the extension of time for the sealing of a patent, other than a petition, shall be delivered to the Commissioner of Patents at least seven days before the making of such application.

Copy petition to be delivered to Commissioner.

“10. A copy of every petition for extension of a patent or for the extension of time for the sealing of a patent shall be delivered to the Commissioner of Patents within seven days of the date of filing the petition.

Notice of hearing to be given to Commissioner.

“11. Notice in writing of the day and place appointed for hearing the petition shall be given to the Commissioner of Patents at least seven days before the day appointed.”.

7. Order LIV. is omitted and the following Order is inserted in its stead:—

“ORDER LIV.

Costs.

Costs, with certain exceptions, to be in the discretion of the Court.

“1. Subject to the provisions of any Act and these Rules, the costs of and incident to any proceedings in the Court and in Chambers, including the administration of estates and trusts, shall be in the discretion of the Court or Justice: Provided that nothing herein contained shall deprive an executor, administrator, trustee, or mortgagee who has not unreasonably instituted or carried on or resisted any proceedings of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in Courts of Equity: Provided also that where any action cause matter or issue is tried with a jury the costs shall follow the event unless for good cause shown the Justice by whom such action cause matter or issue is tried or the Full Court shall otherwise order.

Costs of issues to follow event.

“2. When issues in fact and law are raised, upon a claim or counter claim, the costs of the several issues respectively, both in law and fact, shall, unless otherwise ordered, follow the event, and an order giving a party costs except so far as they have been occasioned or incurred by or relate to some particular issue or part of his proceedings shall be read and construed as excluding only the amount by which the costs have been increased by such issue or proceedings; but the Court or a Justice, if the whole costs of the action are not intended to be given to the party, may, wherever practicable, by the order, direct taxation of the whole costs and payment of such proportion thereof as the Court or a Justice determines.

 

Costs of cause removed from another Court.

“3. When a cause is removed from any Court into the High Court, the costs in the Court below shall unless otherwise ordered be costs in the cause.

Costs of solicitor guardian ad litem.

“4. (1) When a solicitor acts as the guardian ad litem of an infant, or is appointed to be guardian ad litem of a person of unsound mind, in any cause or matter, the Court or a Justice may direct that the costs to be incurred in the performance of the duties of such office shall be borne and paid either by the parties to the cause or matter, or some of them or out of any fund in Court in which the infant or person of unsound mind is interested, and may give directions for the repayment or allowance of such costs as the justice and circumstances of the case requires.

(2) When a solicitor acts as guardian ad litem of an infant without an order of the Court or a Justice appointing him as such guardian the costs incurred in the performance of the duties of such office shall be in the discretion of the Court or a Justice.

Costs out of estate.

“5. The costs occasioned by an unsuccessful claim or unsuccessful resistance to any claim to any property shall not be paid out of the estate unless the Court or a Justice so orders.

Distribution not to be delayed by difficulties as to some shares.

“6. When some of the persons entitled to a distributive share of a fund are ascertained, and difficulty or delay has occurred or is likely to occur in ascertaining the persons entitled to the other shares, the Court or a Justice may order or allow immediate payment of their shares to the persons ascertained without reserving any part of those shares to answer the subsequent costs of ascertaining the persons entitled to the other shares, and in any such case such orders may be made for the ascertainment and payment of the costs incurred down to and including such payment as the Court or a Justice thinks just.

Set-off for damages or costs.

“7. A set off for damages or costs between parties may be allowed notwithstanding the solicitor’s lien for costs in the particular cause or matter in which the set off is sought.

Costs improperly or fruitlessly incurred.

“8. If in any case it shall appear to the Court or a Justice that costs have been improperly or without reasonable cause incurred, or that by reason of any undue delay in proceeding under any judgment or order or of any misconduct or default of the solicitor, any costs properly incurred have nevertheless proved fruitless to the person incurring the same, the Court or Justice may call on the solicitor of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the solicitor and his client, and also (if the circumstances of the case shall require) why the solicitor should not repay to his client any costs which the client may have been ordered to pay to any other person, and thereupon may make such order as the justice of the case may require. The Court or Justice may if they or he think fit refer the matter to a taxing officer for inquiry and report and direct the solicitor in the first place to show cause before such taxing officer. Such notice (if any) of the proceedings or order shall be given to the client in such manner as the Court or a Justice may direct.

Personal liability of solicitors to pay costs.

“9. When upon the trial of any cause or matter it appears that the same cannot conveniently proceed by reason of the solicitor

 

for any party having neglected to attend personally, or by some proper person on his behalf, or having omitted to deliver any paper necessary for the use of the Court or a Justice, and which according to the practice ought to have been delivered, such solicitor shall personally pay to all or any of the parties such costs as the Court or a Justice thinks fit to award.

Amount of costs.

“10. (1) The fees payable to barristers and solicitors, whether entitled or admitted to practice by virtue of the Judiciary Act 1903-1920 or otherwise, in respect of business transacted by them in the Court or the offices thereof, in causes or matters pending at the date these Rules come into operation, or commenced after that date shall, as well between party and party as between solicitor and client, unless otherwise ordered, be taxed allowed and certified by the Registrar or a Deputy Registrar or some other officer duly appointed for the purpose, and shall, unless otherwise ordered, be allowed in accordance with the scale set forth in Part II. of the Schedule to the Rules of the High Court.

(2) The provisions of all Acts and Rules in force in any State in which a practitioner resides, relating to the delivery to a client of a bill of costs, or the costs of taxation as between solicitor and client, shall apply, mutatis mutandis, to such taxation.

Review of taxation.

“11. Every taxation of costs and every direction of a taxing officer shall be subject to review by a Justice.

Notice of taxing costs and copy bill.

“12. (1) In all cases where a notice to tax is necessary, notice of taxing costs, together with a copy of the bill of costs and affidavit of increase (if any), shall be given by the solicitor of the party whose costs are to be taxed to the other party or his solicitor.

(2) Notice under this rule shall be a two days’ notice unless the taxing officer otherwise directs.

Where such notice unnecessary.

“13. Notice of taxing costs shall not be necessary in any case where the defendant has not appeared.

Taxing officers to assist each other.

“14. The taxing officers shall be respectively assistant to each other, and in the discharge of their duties, and for the better despatch of the business of their respective offices, any taxing officer may tax, or assist in the taxation of, a bill of costs which has been referred to any other taxing officer for taxation, and for ascertaining what is due in respect of those costs, and in such case shall certify accordingly.

Notice of adjournment of taxation.

“15. The taxation shall, if possible, be continued without interruption till completed, but if adjourned for any reason, notice of the adjournment shall be sent by post to any person not present at the time of the adjournment, whose attendance the taxing officer desires at the next appointment.

Bill to be filed before taxation.

“16. A bill of costs shall be filed before the taxation thereof.

Powers of taxing officer where solicitor impedes or delays taxation.

“17. Any solicitor who fails to file the bill of costs as required or who in any way delays or impedes the taxation shall, if the taxing officer so directs, forfeit the fees to which he would otherwise be entitled for drawing his bill of costs and for attending the taxation, and the taxing officer may also, if he thinks fit, exercise all or any of the powers vested in him by Rules 41 and 65 of these Rules.

Allowances for pleadings, &c.,in discretion of taxing officer.

Drawing pleadings.

“18. When writs of summons require special indorsement, and in special cases, pleadings, and affidavits in answer to interrogatories, and other special affidavits, the taxing officer may, in lieu

of the allowances for instructions and preparing or drawing, and attendances, make such allowance for work, labour and expenses, in or about the preparation of the documents as, in his discretion, he thinks proper.

Instructions to sue or defend, &c.

“19. For drawing any pleading or other document, the fees allowed shall include any copy made for the use of the solicitor, agent, or client, or for counsel to settle.

“20. (1) If the taxing officer on special grounds considers the fee provided for instructions to sue or defend, or instructions for briefs, inadequate, he may make such further allowance as, in his discretion, he considers reasonable.

(2) The taxing officer shall allow only the copying of such documents, or parts of documents, to accompany briefs, as he considers necessary for the instruction of counsel, or for use at the trial.

Swearing affidavits.

“21. When there are several deponents to be sworn, or it is necessary for the purpose of an affidavit being sworn to go to a distance, or to employ an agent, such reasonable allowance may be made as the taxing officer thinks fit.

Drawing affidavits and attending deponent.

“22. The allowances for instructions for and drawing an affidavit in answer to interrogatories and other special affidavits, and attending the deponent to be sworn, include all attendances on the deponent to settle and read over.

Services, &c., where same solicitor acts for both parties.

“23. Fees shall not be allowed for delivery of pleadings, services, notices, and perusals, when the same solicitor acts for both parties, unless it is necessary for the purpose of making an affidavit of service.

Separate pleadings or proceedings by the same solicitor.

“24. When the same solicitor is employed for two or more defendants, and separate pleadings are filed, or other proceedings had by or for two or more of such defendants separately, the taxing officer shall consider in the taxation of such solicitor’s bill of costs, either between party and party or between solicitor and client, whether such separate pleadings or other proceedings were necessary or proper, and if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred, that part of the costs shall be disallowed.

Evidence.

“25. Such just and reasonable charges and expenses as appear to have been properly incurred in procuring evidence, and the attendance of witnesses, shall be allowed.

Agency correspondence.

“26. In country agency causes or matters, if it be shown to the satisfaction of the taxing officer that agency correspondence has been special and extensive, he may make such special allowance in respect thereof as in his discretion he thinks proper.

Higher remuneration may be allowed on special circumstances in attendance at Chambers.

“27. In respect of attendances at a Justice’s Chambers, where, from the length of the attendance, or from the difficulty of the case the Justice thinks the highest of the prescribed allowances an insufficient remuneration for the service performed, or where the preparation of the case or matter has required skill and labour for which no fee has been allowed or has required and received from the solicitor such extraordinary skill and labour as materially to conduce to the satisfactory and speedy disposal of the business, the Justice may allow such fee to the solicitor for his services as he thinks fit.

 

Non-attendance or neglect of parties on proceedings at Chambers.

“28. When by reason of the non-attendance of any party at Chambers, or by reason of the neglect of any party in not being prepared with any proper evidence, account, or necessary document, the attendance is adjourned without any useful progress being made, the Justice may order that such costs as he thinks reasonable shall be paid to the party attending by the party so absent or neglectful, and the party so absent or neglectful shall not be allowed any fee as against any other party, or any estate or fund in which any other party is interested.

Folio is to be seventy-two words.

“29. A folio shall comprise seventy-two words, every figure comprised in a column, or authorized to be used, being counted as one word.

Fees to counsel for settling pleadings, affidavits, &c., and advising thereon.

“30. Such costs of procuring the advice of counsel on the pleadings, evidence and proceedings in any cause or matter as the taxing officer in his discretion thinks just and reasonable, and of procuring counsel to settle such pleadings and special affidavits as the taxing officer in his discretion thinks proper to be settled by counsel, shall be allowed; but a separate fee shall not be allowed for each affidavit, but one fee for all the affidavits proper to be so settled, which are or ought to be filed at the same time.

Counsel at Chambers.

“31. In respect of the attendance of counsel at Justice’s Chambers, or before the Registrar no costs thereof shall in any case be allowed, unless the Justice or Registrar certifies it to be a proper case for counsel to attend.

Inspection of documents.

“32. The costs of inspection of documents shall be in the discretion of the taxing officer, but no allowance shall be made for any inspection, unless it is shown to the satisfaction of the taxing officer that there were good and sufficient reasons for making the inspection.

Copies of documents, allowance of 6d. per folio, except where solicitor refuses production.

“33. For taking copies of documents in the possession of another party, or extracts therefrom, under rules of court, or any special order, the party entitled to take the copy or extract shall pay the solicitor of the party producing such document or extract, as he may, by writing, require, at the rate of sixpence per folio for such copy, and if the solicitor of the party producing the document refuses or neglects to supply the same, the solicitor requiring the copy or extract shall be at liberty to make it, but the solicitor for the party producing shall not be entitled to any fee for production.

Tender for respondent’s costs on service of petition, &c., to be £2 2s.

“34. (1) When any petition, notice of motion, or summons is served, and notice is given to the party served that in case of his appearance in Court his costs will be objected to, and such notice is accompanied by a tender of costs for perusal, the amount to be tendered shall be Two pounds two shillings.

(2) The party making such payment shall be allowed the same in his costs, provided such service was proper, but not otherwise; but this rule is without prejudice to the rights of either party to costs, or to object to costs where no such tender is made, or where the Court or a Justice considers the party entitled, notwithstanding such notice and tender, to appear in Court.

(3) In any other case in which a solicitor of a party served necessarily or properly peruses any such petition, notice of motion,

 

or summons without appearing thereon, he shall be allowed a fee not exceeding the amount specified in sub-rule (1) of this rule.

Disallowances of costs of improper, vexatious, or unnecessary matter in documents or proceedings.

“35. The Court or a Justice may at the hearing of any cause or matter, or upon any application or proceeding in any cause or matter in Court or at Chambers, and whether the same is objected to or not, direct the costs of any indorsement on a writ of summons, pleading, summons, affidavit, evidence, notice requiring statement of claim, notice to produce, admit, or cross-examine witnesses, account, statement, procuring discovery by interrogatories or order, applications for time, bills of costs, service of notice of motion or summons, or other proceeding, or any part thereof, which is improper, vexatious, unnecessary, or contains vexatious or unnecessary matter, or is of unnecessary length, or caused by misconduct or negligence, to be disallowed, or may direct the taxing officer to look into the same and to disallow the costs thereof, or of such part thereof as he shall find to be improper, unnecessary, vexatious, or to contain unnecessary matter, or to be of unnecessary length, or caused by misconduct or negligence; and in such case the party whose costs are so disallowed shall pay the costs occasioned thereby to the other parties; and in any case where such question shall not have been raised before and dealt with by the Court or a Justice, it shall be the duty of the taxing officer to look into the same (and, as to evidence, although the same may be entered as read in any decree or order) for the purpose aforesaid, and thereupon the same consequences shall ensue as if he had been specially directed to do so.

Set-off of costs.

“36. In any case in which, under the last preceding rule or any other rule of court, or by the order or direction of the Court or a Justice or otherwise, a party entitled to receive costs is liable to pay costs to any other party, the taxing officer may tax the costs such party is so liable to pay, and may adjust the same by way of deduction or set-off, or may, if he thinks fit, delay the allowance of the costs such party is entitled to receive until he has paid or tendered the costs he is liable to pay, or the taxing officer may allow or certify the costs to be paid, and direct payment thereof, and the same may be recovered by the party entitled thereto in the same manner as costs ordered by the Court or a Justice to be paid may be recovered.

Unnecessary appearance in Court or at chambers.

“37. When any party appears upon any application or proceeding in Court or in Chambers, in which he is not interested, or upon which, according to the practice of the Court, he ought not to attend, he shall not be allowed any costs of such appearance unless the Court or a Justice expressly directs such costs to be allowed.

Powers of taxing officers.

“38. The taxing officers of the Court shall, for the purpose of any proceeding before them, have power—

(a) to summon and examine witnesses either orally or upon affidavit;

(b) to administer oaths;

(c) to require the production of books, papers, and documents;

(d) to issue subpœnas, and to make separate or interim certificates or allocaturs;

 

(e) to require any party to be represented by a separate solicitor; and

(f) to do such other acts and adopt such proceedings as are directed by the Rules of this Court, or by the Court or a Justice.

Taxing officer to assist when account comprises bill of costs.

“39. When an account consists in part of any bill of costs, the Court or a Justice may require the taxing officer to assist in settling such costs, not being the ordinary costs of passing the account of a receiver, and the taxing officer shall thereupon proceed to tax such costs, and shall have the same powers, and the same fees shall be payable in respect thereof, as if the bill of costs had been referred to the taxing officer by an order, and the taxing officer shall return the bill of costs with his opinion thereon to the Court or Justice by whose direction it has been referred to him.

Attendance of parties on taxation.

“40. The taxing officer may direct what parties are to attend before him on the taxation of costs to be borne by a fund or estate, and may disallow the costs of any party whose attendance that officer, in his discretion, considers unnecessary.

Refusal or neglect to procure taxation.

“41. When any party entitled to costs refuses or neglects to bring in his costs for taxation, or to procure the costs to be taxed, and thereby prejudices any other parties, the taxing officer may certify the costs of the other parties, and certify such refusal or neglect or may allow the party refusing or neglecting a nominal or other sum for such costs, so as to prevent any other party being prejudiced by the refusal or neglect.

Principles of taxation.

“42. On every taxation the taxing officer shall allow all such costs, charges, and expenses as appear to him to have been necessary or proper for the attainment of justice, or for defending the rights of any party, but, save as against the party who incurred the same, no costs shall be allowed which appear to the taxing officer to have been incurred or increased through over-caution, negligence or mistake, or by payment of special fees to counsel, or special charges or expenses to witnesses or other persons, or by other unusual expenses.

Fees not specially provided for.

“43. When any services are necessarily and properly performed, for which no specific allowance is provided in Part II. of the Schedule to the Rules of the High Court, but for which, in the opinion of the taxing officer, an allowance should be made, such sum shall be allowed as appears just and reasonable.

Costs of amendment of plaintiff’s pleadings.

“44. When the plaintiff is directed to pay to the defendant the costs of the cause, the costs occasioned to a defendant by any amendment of the plaintiff’s pleadings shall be deemed to be part of such defendant’s costs in the cause (except as to any amendment which appears to have been rendered necessary by the default of such defendant), but there shall be deducted from those costs any sum which has been paid by the plaintiff according to the course of the Court at the time of any amendment.

Plaintiff refused costs of his amendments.

“45. When upon taxation a plaintiff, who has obtained a judgment with costs, is not allowed the costs of any amendment of his pleadings on the ground that the amendment was unnecessary, the

 

defendant’s costs occasioned by the amendment shall be taxed, and the amount thereof deducted from the costs to be paid by the defendant to the plaintiff.

Taxation where action, &c., dismissed with costs.

“46. When a cause or matter is dismissed with costs, or any costs are by any general or special order directed to be paid, the taxing officer may, unless the Court or a Justice prohibits the taxation of such costs, tax such costs without any order referring the costs for taxation.

Where total of costs taxed to be stated.

“47. When any costs are by any judgment or order directed to be taxed and to be paid out of any money or fund in Court, the taxing officer shall state in his certificate of taxation the total amount of all such costs as taxed without any direction for that purpose in such judgment or order.

Fees of conveyancing counsel, and to accountants, &c., ona reference.

“48. The allowances in respect of fees to conveyancing counsel incident to proceedings in the Court, and to any accountants, merchants, engineers, actuaries, and other scientific persons to whom any question incident to proceedings in the Court is referred, shall, subject to review by a Justice, be regulated by the taxing officer.

Fees to counsel.

“49. Such fees may be allowed to counsel, as in the circumstances of the case, the taxing officer thinks reasonable.

Considerations by which taxing officer’s discretion must be influenced.

“50. Fees or allowances which are discretionary, shall, unless otherwise provided, be allowed by the taxing officer who, in the exercise of his discretion, shall take into consideration the other fees and allowances to the solicitor and counsel, if any, in respect of the work to which any such fees or allowances apply, the nature and importance of the cause or matter, the amount involved, the interest of the parties, the fund or person to bear the costs, the general conduct and costs of the proceedings, and all other circumstances; and, when a party is entitled to sign judgment for his costs, the taxing officer in taxing the costs may allow a fixed sum for the costs of the judgment.

Power of taxing officer to assess costs at a gross sum in case of delay or improper conduct of litigation.

“51. If upon any taxation it appears that the costs have been increased by unnecessary delay, or by improper, vexatious, prolix or unnecessary proceedings, or by other misconduct or negligence, or that, from any other cause, the amount of the costs is excessive having regard to the nature of the business transacted, or the interests involved, or the money or the value of the property to which the costs relate, or to the other circumstances of the case, the taxing officer shall allow only such an amount of costs as is reasonable and proper, and may assess the same at a gross sum, and shall (if necessary) apport on the amount among the parties, if more than one. The provisions as to the review of taxations shall apply to allowances and certificates under this rule.

Disallowances where bill reduced by a sixth.

“52. If on the taxation of a bill of costs payable out of a fund or estate (real or personal), or out of the assets of a company in liquidation, the amount of the professional charges contained in the bill is reduced by a sixth part, no costs shall be allowed to the solicitor leaving the bill for taxation for drawing and copying it, nor for attending the taxation.

C.3890—2

 

Objections to taxation.

“53. Any party who may be dissatisfied with the allowance or disallowance by the taxing officer, in any bill of costs taxed by him, of the whole or any part of any items, may, at any time before the certificate or allocatur is signed, or such earlier time as may in any case be fixed by the taxing officer, deliver to the other party interested therein, and carry in before the taxing officer, an objection in writing to such allowance or disallowance, specifying therein by a list, in a short and concise form the items or parts thereof objected to, and the grounds and reasons for such objections, and may thereupon apply to the taxing officer to review the taxation in respect of the same. The taxing officer may if he shall think fit issue pending the consideration of such objections a certificate of taxation or allocatur for and on account of the remainder of the bill of costs, and such further certificate or allocatur as may be necessary shall be issued by the taxing officer after his decision upon such objection.

Taxing officer to reconsider and to state his reasons.

“54. Upon such application the taxing officer shall reconsider and review his taxation upon such objections, and he may, if he thinks fit, receive further evidence in respect thereof, and, if so required by either party, he shall state either in his certificate of taxation or allocatur, or by reference to such objection, the grounds and reasons of his decision thereon, and any special facts or circumstances relating thereto.

Review of taxation by a Justice.

“55. Any party who may be dissatisfied with the certificate or allocatur of the taxing officer, as to any item or part of an item which may have been objected to as aforesaid, may within fourteen days from the date of the certificate or allocatur, or such other time as the Court or a Justice or taxing officer, at the time he signs his certificate or allocatur, may allow, apply to a Justice at Chambers for an order to review the taxation as to the same item or part of an item, and the Justice may thereupon make such order as he may think just; but the certificate or allocatur of the taxing officer shall be final and conclusive as to all matters which shall not have been objected to in manner aforesaid.

Evidence on review.

“56. An application under the last preceding rule shall be heard and determined by the Justice upon the evidence which has been brought in before the taxing officer, and no further evidence shall be received upon the hearing unless the Justice otherwise directs.

Retaining fee to counsel.

“57. No retaining fee to counsel shall be allowed on taxation as between party and party.

Fees for conferences.

“58. Fees for conferences are not to be allowed in any cause or matter in addition to the fees to solicitor and counsel for drawing and settling or perusing any pleadings, affidavits, deeds or other proceedings or abstracts of title, or for advising thereon, unless it appears to the taxing officer that, for some special reason, a conference was necessary or proper.

Two counsel.

“59. Subject to these rules, the taxing officer may, in his discretion, in any case allow the costs of briefing two counsel.

 

Refreshers.

“60. As to refresher fees, when any cause or matter is to be tried or heard upon viva voce evidence in open Court, if the trial shall extend over more than one day, and shall occupy either on the first day only, or partly on the first and partly on a subsequent day or days, more than six hours without being concluded, the taxing officer may allow, for every clear day subsequent to that on which the six hours shall have expired, the following fees:—

To the leading counsel not exceeding Twelve pounds twelve shillings; to the second of two or three counsel not exceeding Eight pounds eight shillings; to the third of three counsel not exceeding Five pounds five shillings.

The like allowance may be made where the evidence in chief is not taken viva voce, if the trial or hearing shall be substantially prolonged beyond such period of six hours, to be so computed as aforesaid, by the cross-examination of witnesses whose affidavits or depositions have been used. Provided that in the taxation of costs between solicitor and client, the taxing officer shall be at liberty to allow larger fees, under special circumstances to be stated by him.

Premature delivery of briefs.

“61. When a cause or matter is not brought on for trial or hearing, the costs of and consequent on the preparation and delivery of briefs shall not be allowed if the taxing officer is of opinion that such costs were prematurely incurred.

Defendant’s costs, where trial comes on but action cannot be tried.

“62. When a cause or matter which stands for trial or hearing is called on for trial or hearing, but cannot be decided by reason of a want of parties or other defects on the part of the plaintiff, and is therefore struck out, and the same cause or matter is again set down, the defendant shall be allowed the taxed costs occasioned by the first setting down, although he does not obtain the costs of the cause or matter.

Counsel’s clerk’s fees.

“63. The following fees shall be allowed to counsel’s clerks:—

£	s.	d.
Upon a fee under 5 guineas...........................................................................	0	2	6
5 guineas and under 10 guineas....................................................................	0	5	0
10 guineas and under 20 guineas...................................................................	0	10	0
20 guineas and under 30 guineas...................................................................	0	15	0
30 guineas and under 50 guineas...................................................................	1	0	0
50 guineas and upwards—per cent.................................................................	2	10	0
On consultations, senior’s clerk.....................................................................	0	7	0
On consultations, junior’s clerk.....................................................................	0	2	6
On conferences............................................................................................	0	5	0
On retainers (where allowed)— General retainer.........................................................................................	0	10	6
Common retainer.......................................................................................	0	2	6

Vouchers for counsel’s fees.

“64. No fee to counsel shall be allowed on taxation unless vouched by his signature or unless it is proved to the satisfaction of the taxing officer that the fee has actually been paid.

Delay before taxing officer.

“65. When, in proceedings before the taxing officer, any party is guilty of neglect or delay, or puts any other party to any unnecessary or improper expense relative to such proceedings, the taxing officer may direct such party or his solicitor to pay such costs as he thinks proper, or deal with them under Rule 41 of this Order.

 

Delivery of bill to client, where costs to be paid out of a fund.

“66. When, in any cause or matter, any bill of costs is directed to be taxed for the purpose of being paid or raised out of any fund or property, the taxing officer may, if he considers there is a reasonable ground for so doing, require the solicitor to deliver or send to his clients, or any of them, free of charge, a copy of the bill, or any part thereof, previously to the officer completing the taxation thereof, accompanied by any statement the officer directs and by a letter informing the clients that the bill of costs has been referred to the taxing officer for taxation, and will be proceeded with at the time the officer appoints for this purpose, and the officer may adjourn the taxation for such time as he considers reasonable.

Power of taxing officer to limit to extend time.

“67. The taxing officer may limit or extend the time for any proceeding before him, and where, by any general order, or any order of the Court or a Justice, a time is appointed for any proceeding before or by a taxing officer, unless the Court or Justice otherwise directs, the officer may, from time to time, extend the time appointed upon such terms (if any) as the justice of the case requires, and, although the application for the same is not made until after the expiration of the time appointed, it shall not be necessary to make a certificate or order for this purpose, unless required for any special purpose.

Indorsement on bill of costs.

“68. Every bill of costs which is left for taxation shall be indorsed with the name and address of the solicitor by whom it is so left, and also the name and address of the solicitor, if any, for whom he is agent, including any solicitor who is entitled or intended to participate in the costs so taxed.

Schedule of fees and costs.

“69. (1) The fees and percentages to be taken in the several offices of the High Court of Australia by the several officers thereof and by Commissioners of the Court for taking affidavits shall be as set forth in Part I. of the Schedule to the Rules of the Court.

(2) The amounts respectively specified in the second column of Part II. of the Schedule to the Rules of the Court shall subject to the said Rules be the costs chargeable in respect of the matters respectively specified in the first column of that Part.

8. Order LVI. is amended by omitting in Rule 1 the words “Rule of Court” (second occurring) and by inserting in their stead the words “the Chief Justice or, in his absence, the Senior Justice”.

9. Order LVII. is amended by inserting therein, after Rule 9, the following rule:—

Documents—how signed.

“9a. Subject to these rules, unless otherwise provided, any document required to be delivered, filed or served on behalf of a party may be signed by the party, his counsel or his solicitor.”.

II.—That Part II. of the Rules of this Court be amended in the manner hereinafter appearing, that is to say:—

1. Section III. of Part II. is amended—

(a) by omitting rule 12 and inserting in its stead the following rule:—

Security for costs of appeal.

“12. Within one month after the service of the notice of appeal, or within such further time as the Court or a Justice allows, or such other time

 

as is prescribed by an order giving leave to appeal, the appellant shall give the prescribed security for the costs of the appeal, and shall give notice thereof to the respondent.

The Court or a Justice may allow an extension of the period of one month although the application for such extension is not made until after the expiration of that period.

The prescribed security shall be given in the Court from which the appeal is brought. If the security is not given within the prescribed time, the appeal shall be deemed to be abandoned.

As soon as the prescribed security is given, the appeal shall be deemed to be duly instituted.”;

(b) by omitting from Rule 15 the words “two months” and inserting in their stead the words “one month”;

(c) by omitting from Rule 17 the words “one month” and inserting in their stead the words “twenty-one days”; and

(d) by omitting from Rule 18 the words “Ten days” and inserting in their stead the words “Five days”.

Repeal.

III. That the Rule of Court as of Tuesday the 6th day of October, 1903, as amended by Rules of Court as of Monday the 22nd day of August, 1904, and by Rules of Court as of Thursday the 12th day of December, 1907, be repealed.

IV. That after the Appendix to the Rules of this Court the following Schedule be added:—

Schedule of fees and costs.

“THE SCHEDULE.

Part I.

SCALE OF FEES.

I.—To be taken in the Registries.

Summonses, Writs, and Commissions.	£	s.	d.
On sealing a writ of summons for commencement of an action.......................	0	10	0
On sealing a concurrent writ of summons for commencement of an action.......	0	2	6
On sealing a writ of subpœna for not more than three persons.........................

0	5	0
For every additional person named in the subpœna.........................................	0	1	0
On sealing any writ of execution...................................................................	0	5	0
On scaling writ of mandamus, certiorari, habeas corpus, or prohibition............	1	0	0
On sealing writ of assistance.........................................................................	0	10	0
On sealing writ of inquiry.............................................................................	0	10	0
On sealing any other writ..............................................................................	0	5	0
On sealing a renewed or amended writ of summons........................................	0	5	0
On sealing any originating summons.............................................................	0	5	0
On sealing summons for directions under Order XV.......................................	0	5	0
On sealing any other summons......................................................................	0	3	0
On sealing any commission issued by authority of the Court or a Justice whether under the authority of an Act or of Rules of Court...................................................................	1	0	0
On sealing any document issued from the Court for use beyond the jurisdiction of the Court, not being a writ or other document for service on a party to a cause or matter.............	0	10	0
On sealing any other document with the Seal of the Court...............................	0	10	0
The above fees include the filing of all copies or præcipes or other documents required to be filed on the sealing or issuing of the above documents.

 

“THE SCHEDULE—continued.

£	s.	d.
Appearances.
On entering an appearance, for each person...................................................	0	2	6
If by a corporation or joint stock company or a company incorporated by Statute or Royal Charter	0	10	0
Copies.
For an office copy of any record of the Court, or of any document filed in the Registry, if in the English language, for every folio...........................................................................	0	0	8
If in a foreign language, the actual cost of making and examining same, and in addition for marking and sealing same as an office copy............................................................	0	2	6
For an office copy of a plan, map, section, drawing, photograph, or diagram, the actual cost of making and examining same, and in addition for marking and sealing same as an office copy	0	2	6
Attendances.
On an application, with or without a subpœna, for any officer, not being the Associate of the Justice presiding at the Court, to attend with any record or document at any Court or place out of the Court building, in addition to the just charges and expenses of the officer, for each day or part of a day he shall necessarily be absent from his office.............................................	1	0	0
The officer may require a deposit on account of any further fees, charges, or expenses which may probably become payable beyond the amount paid for fees, charges, and expenses on the application, and the officer or his clerk taking such deposit shall thereupon make a memorandum thereof on the application.
The officer may also require an undertaking in writing to pay any further fees, charges, and expenses which may become payable beyond the amounts so paid and deposited.
Securities.
On making appointment to inquire into sufficiency of sureties........................	0	1	0
On attesting execution of instrument of security under Order XXVIII., whether by one or more sureties, and whether entered into by all at one time or not..........................	0	10	0
On inquiring as to sureties under Order XXVIII., and indorsing approval on instrument of security................................................................................................................	0	5	0
On vacating a recognisance...........................................................................	0	10	0
Filing.
On filing a special case.................................................................................	1	0	0
On filing special case, being an appeal from an inferior Court.........................	0	10	0
On filing an instrument of security under Order XXVIII.................................	0	5	0
On filing a copy of a notice of motion originating a cause or matter.................	0	10	0
On filing a petition originating a cause or matter, including the sealing of the indorsement of time appointed for hearing on all copies of the petition intended for service........	0	10	0
On filing any other petition...........................................................................	0	5	0
On filing any pleading or other document required to be delivered, when no appearance entered	0	2	6
On filing a notice of change of solicitor.........................................................	0	2	6
On filing, unless otherwise provided, an affidavit, deposition, or set of depositions, including any annexures to any such affidavit or deposition.............................................	0	2	6
On filing exhibits referred to in an affidavit or deposition and not annexed thereto, and required to be filed, for each exhibit...............................................................................	0	1	0
But not to exceed.................................................................................	0	5	0
On filing a writ of execution with return........................................................	0	2	6
On filing a preliminary act in actions for damage by collision.........................	0	5	0
On depositing in any cause or matter any documents ordered to be deposited for safe custody or to be impounded, for each document.................................................................	0	1	0

“THE SCHEDULE—continued.

£	s.	d.
Filing—continued.
On a receipt for any document or documents to which the last fee applies when delivered out	0	1	0
On filing notice of discontinuance of an action or withdrawal of part of a cause of action by a plaintiff or a counter-claiming defendant................................................................	0	2	6
On filing a consent in writing signed by the parties withdrawing a cause which has been entered for trial..........................................................................................................	0	2	6
On filing a copy of the pleadings and issues or such other proceedings as show the questions for trial by the party entering the trial....................................................................	0	2	6
On filing a written request to set down a cause or matter for further consideration	0	5	0
On filing a written authority to use a person’s name as next friend...................	0	2	6
On filing a disclaimer of office by defendant under Order XLVII....................	0	5	0
On filing a bill of costs for taxation...............................................................	0	2	6
On filing a certificate of an examiner of refusal of a witness to attend or to be sworn	0	2	6
On an examiner filing a question to which a witness objects, together with the objection	0	2	6
On filing a copy of notice of motion instituting an appeal...............................	0	5	0
On filing any document in respect of which no other fee is provided................	0	1	0
Payment into Court.
On payment of money into Court..................................................................	0	5	0
Certificates.
For a certificate of an associate of the result of trial........................................	1	0	0
For a certificate of taxing officer of result of taxation of bill of costs...............	0	2	6
For a certificate of the Registrar of the result of any proceeding before him.....	0	5	0
Searches.
On a search for appearance...........................................................................	0	1	0
Unless otherwise expressly provided by any Act of Parliament, Rules of Court, or this Schedule, on a search in any register kept in the Registry, or on searching an index or calendar to the files or bundles of documents filed, and inspecting the documents, for every hour or part of an hour occupied..................................................................................................	0	2	6
Not to exceed per day.........................................................................	0	10	0
Provided that if a search is made in more than one register an additional search fee shall be charged for every register beyond the first.
Inspecting any documents deposited pursuant to an order for safe custody, or impounded	0	2	6
Examination of Witnesses.
On obtaining appointment for examination of a witness before an officer of the Court	0	5	0
In respect of every witness sworn and examined by an officer of the Court in his office, unless otherwise provided, including oath, for each hour or part of an hour............	0	10	0
For an examination of witnesses by any such officer away from the office, in addition to reasonable travelling and other expenses, per day or part of a day................................	3	0	0
The officer may require a deposit on account of fees and expenses which may probably become payable beyond any amount paid for fees and expenses upon the examination; and the officer or his clerk taking such deposit shall thereupon make a memorandum thereof and deliver the same to the party making the deposit.
The officer may also require an undertaking, in writing, to pay any further fees and expenses which may become payable beyond the amount so paid and deposited.
On examination of witnesses by persons other than officers of the Court (these fees to be retained by examiner for his own use).

 

“THE SCHEDULE—continued.

£	s.	d.
Examination of Witnesses—continued.
Upon giving an appointment to take an examination.......................................	0	5	0
Or, if evidence taken on commission, for giving such appointment, to each commissioner who acts at the examination.......................................................................................	0	5	0
If the time occupied in an examination is less than three hours........................	3	0	0
If the time occupied in an examination is more than three hours, for each day or part of a day	5	0	0
When evidence is taken on commission, the two preceding fees shall be paid to each commissioner who acts at the examination.
On a request to examine witnesses abroad, such fee shall be payable to the examiner as is prescribed by the laws of the country where the examination is to take place, and shall be paid to the Registrar to be transmitted with the request.
The term “Officer of the Court” does not include an Associate.

Hearing.

On setting down an appeal to the Full Court from a judgment of the Supreme Court of a State or of a Judge of the Supreme Court of a State.......................................................	2	0	0
If from an order made in Chambers...............................................................	1	0	0
On setting down an appeal from an inferior Court to the Full Court, whether by special case or otherwise.................................................................................................	1	0	0
On entering a special case or demurrer for argument, either before a single Justice or before the Full Court in the first instance, including in the latter case, when necessary, the filing of the memorandum requiring same to be entered before the Full Court	1	0	0
On filing like memorandum of another party..................................................	0	5	0
On entering an action for trial before a Justice, with or without a jury, in addition to the fees, if any, payable in respect of the jury....................................................................	1	0	0
On entering an election petition for trial.........................................................	1	0	0
On hearing an action on motion for judgment.................................................	0	10	0
On hearing any cause or matter set down for further consideration..................	0	10	0
On hearing any cause or matter commenced by motion on notice or by petition, except when otherwise provided..................................................................................................	1	0	0
On hearing any other petition in Court...........................................................	0	5	0
On setting down an appeal from a Justice of the High Court............................	2	0	0
On setting down any appeal not above mentioned..........................................	1	0	0

Drawing up and entering Judgments and Orders.

If made in Court on the original hearing, or hearing on further consideration of a cause, or on the hearing of a special case or petition, or on application to the Full Court, unless otherwise provided................................................................................................................	1	0	0
If a judgment without hearing, or by consent..................................................	0	10	0
If a judgment under Order XXVI., Rule 7 or Rule 8, or Order XXX., Rule 3, or Order XXXI., Rule 2................................................................................................................	0	10	0
Any other order, whether made in Court or at Chambers.................................	0	5	0

The above fees include filing the duplicate original.

 

“THE SCHEDULE—continued.

£	s.	d.
Taxation of Costs.
For taxing a bill of costs when the amount allowed does not exceed £10..........	0	2	0
When the amount exceeds £10, for every further £5 or a fraction thereof allowed, in addition to the above amount of 2s..................................................................................	0	0	6
These fees, except where otherwise provided, shall be taken on signing the certificate or on the allowance of the bill of costs as taxed, but the fees shall be due and payable, if no certificate or allocatur is required, on the amount of the bill as taxed, or on the amount of such part thereof as may be taxed, and the solicitor, or party suing in person, shall in such case pay the proper sum, the amount whereof shall be fixed by the taxing officer.
The taxing officer may require a deposit on account of fees before taxation, not exceeding the fees on the full amount of the costs as submitted for taxation, and the officer on taking such deposit shall make a memorandum thereof on the bill of costs.

Miscellaneous.

On a fiat of a Justice.....................................................................................	0	5	0
On a party attending before a Justice signifying his consent to a consent order being drawn, to enter judgment against him...............................................................................	0	5	0
On entering a satisfaction of judgment...........................................................	0	5	0

II.—To be taken in the Marshal’s Offices.

The same fees are to be taken as by the practice of the Supreme Court of the State in which the proceeding is taken or the act is done or authorized and required to be taken by the Sheriff in respect of a like proceeding or act in a cause pending in that Court.

A deposit on account of the fees applicable to any proceeding or act may be required before such proceeding is commenced or act done, or at any time during the course thereof, and a memorandum of the amount deposited shall be delivered to the party making the deposit.

In case of dispute as to any of the charges the amount is to be taxed by the taxing officer without fees.

III.—To be taken by commissioners for affidavits.

For each oath or affirmation..........................................................................	0	1	6
If not at Registry or Commissioner’s office..........................................	0	5	0
Or if above one mile from Registry or Commissioner’s office, over and above travelling expenses......................................................................................	1	1	0
For marking each sheet of an affidavit or affirmation or of an annexure...........	0	1	0
For signing each certificate to an exhibit........................................................	0	1	0
For attesting each instrument of security, for each surety................................	0	5	0

Note.—In the case of Commissioners who are not subject to the provisions of the Commonwealth Public Service Act 1922, such fees may be retained by the Commissioners for their own use.

 

“THE SCHEDULE—continued.

Part II.

“COSTS.

Subject-Matter.

Writs.	£	s.	d.
1. Writ of summons for the commencement of an action or other writ not specially provided for	0	15	0
2. Indorsement of claim ( if special)..............................................................	0	6	8
3. If more than three folios, for every extra folio.............................................	0	2	0
4. Concurrent writ of summons.....................................................................	0	8	0
5. Writ of mandamus....................................................................................	0	17	0
6. Writ of subpœna duces tecum....................................................................	0	10	0
7. Writ or writs of subpœna ad testificandum for any number of persons not exceeding four, and the same for any additional number of persons not exceeding four.................	0	9	0
8. Writ of fieri facias or of possession, including prœcipe and attending to issue and lodge with Marshal or Deputy-Marshal, but not including fees paid..........................	1	5	0
9. Writ of execution or other writ to enforce any judgment or order.................	0	12	0
10. Procuring a writ of execution or notice to the Marshal or Deputy-Marshal marked with a seal of renewal................................................................................................	0	8	0
11. Notice thereof to serve on the Marshal or Deputy-Marshal, and service......	0	8	0
12. Any other writ not specified above...........................................................	0	15	0
13. If any of the above writs (except writs of summons) exceed four folios, for each extra folio	0	2	0
These fees include all indorsements, and copies, or præcipes for the officers sealing them, and attendances to issue or seal, but not the Court fees.
Summonses and Warrants.
14. Summons to attend at Justices’ Chambers................................................	0	8	0
Or, if special, at taxing officer’s discretion, not exceeding..........................	1	1	0
15. Originating summonses for proceeding in Chambers (including drawing, engrossing, and. copy to file)......................................................................................................	0	12	0
Or, at taxing officer’s discretion, not exceeding.........................................	1	5	0
16. And attending to issue, including attendance to get date of return fixed......	0	10	0
17. No allowance is to be made for præcipes unless special and exceeding three folios.
Services and Notices.
18. Service, or filing in lien of service, of any writ, summons, warrant, interrogatories, petition, order, or notice on a party who has not entered an appearance in cases where service by post is not authorized............................................................................................

0	12	0
19. If served at a distance of more than two miles from the nearest place of business, or office of the solicitor serving the same, according to the time occupied and fares paid..
20. When, in consequence of the distance of the party to be served, it is proper to effect such service through an agent, for correspondence.....................................................	0	10	0
In addition, correspondent’s charges.........................................................	1	1	0
Or the amount actually and reasonably charged by and paid to the person serving.
21. When more than one attendance is necessary to effect service, or to ground an application for substituted service, such further allowance may be made as the taxing officer thinks fit.
22. For service out of the jurisdiction such allowance is to be made as the taxing officer thinks fit.

 

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

£	s.	d.
Services and Notices—continued.
23. Service, where an appearance has been entered, on the solicitor or party....	0	5	0
24. If authorized to be served by post.............................................................	0	2	6
25. Where any writ, order, and notice, or any two of them, are or have to be served together, one fee only for service is to be allowed.
26. The amount to be allowed as fees properly paid for service of a writ, or any other document which requires personal service, shall be as follows:—
27. If served by the nearest Marshal’s officer the amount properly paid to the Marshal or to such officer in accordance with the scale of fees in force for the time being.
28. If served by any other person the amount (not exceeding the amount payable under item 27) actually paid to such person consisting of—(i) the fee paid for swearing the affidavit of service; (ii) reasonable and necessary expenses of travelling and sustenance; and (iii) a fee of 10s., with an additional 10s. for each day necessarily occupied after the first day.
29. Where more than one attendance is necessary, but can be made on the same day, no additional allowance shall be made.
30. If served by an officer of any Court in any State, the same amount as would be payable to such officer in respect of the service of process issued out of the Court whereof he is an officer.
In addition to the above fees the following allowances are to be made:—
31. Copy writs for service.............................................................................	0	2	0
32. Or per folio, excluding printed matter......................................................	0	0	8
33. For preparing notice to produce on the hearing of any cause or matter, or notice to admit, including copy and service	0	10	0
34. If special or necessarily long, such allowance as the taxiing officer thinks proper, not exceeding per folio, excluding printed matter.........................................................	0	2	6
35. And for each copy such allowance as the taxing officer thinks fit, not exceeding per folio, excluding printed matter.......................................................................................	0	0	8
36. Notice of originating motion....................................................................	0	12	0
37. Notice of interlocutory motion.................................................................	0	8	0
Or per folio..............................................................................................	0	2	6
38. Copy for service.....................................................................................	0	2	6
Or per folio..............................................................................................	0	0	8
39. Notice of any appointment before any officer of the Court, including copy and service, when such notice is necessary................................................................................	0	6	0
40. For preparing any necessary or proper notice not otherwise provided for, including copy and service thereof......................................................................................	0	6	0
Or if special, and necessarily exceeding three folios, in addition, for every folio beyond three	0	2	0
41. And for each copy for service, per folio beyond such three........................	0	0	8
42. Copies for service of interrogatories and petitions, and of orders with necessary notices (if any) to accompany, per folio.............................................................................	0	0	8
43. Except as otherwise provided, the allowances for service include copies for service.
44. Where notice of filing affidavits is required, only one notice is to be allowed for a set of affidavits filed or which ought to be filed together.
45. When any appointment is or ought to be adjourned, service of a notice of the adjournment or next appointment is not to be allowed as a matter of course.

 

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

£	s.	d.
Appearances.
46. Preparing and entering any appearance.....................................................	0	10	6
47. If entered at one time, for more than one person, for every defendant beyond the first	0	2	0
48. If not entered at the one time, no additional allowance shall be made unless in the opinion of the taxing officer it was not practicable to enter the appearances at the one time.
49. If a person appearing to a writ of summons to recover land limits his defence by his memorandum of appearance, in addition to the above...................................................	0	6	0
50. Sealed copy appearance for service..........................................................	0	2	0
Instructions.
51. To sue or defend.....................................................................................	1	1	0
52. For statement of claim.............................................................................	0	15	0
Or such amount as the taxing officer thinks fit.
53. For special case......................................................................................	1	1	0
Or such amount as the taxing officer thinks fit.
54. For defence or further defence, or plea or demurrer...................................	0	15	0
Or such amount as the taxing officer thinks fit.
55. For counter claim....................................................................................	0	15	0
Or such amount as the taxing officer thinks fit.
56. For reply when defendant sets up a counter claim.....................................	0	15	0
Or such amount as the taxing officer thinks fit.
57. For reply or further reply in any other ease, with or without joinder of issue	0	10	0
Or such amount as the taxing officer thinks fit.
58. For confession of defence........................................................................	0	12	0
Or not to exceed.......................................................................................	1	10	0
59. For special petition, any other pleading (not being a summons), and interrogatories for examination of a party or witness..............................................................................	0	15	0
Or such amount as the taxing officer thinks fit.
60. For statement of facts in any action or for particulars of breaches, or objections, in actions for infringement of a patent, such fee may be allowed as the taxing officer thinks fit, having regard to all the circumstances of the case.
61. To amend any pleading...........................................................................	0	12	0
62. For affidavit in answer to interrogatories and other special affidavits..........	0	8	0
Or not to exceed.......................................................................................	2	10	0
63. For documents to be brought into the Registry, such as accounts, &c.........	0	8	0
Or not to exceed.......................................................................................	2	10	0
64. For or in opposition to any motion to be made in Court, or any application in Chambers	0	8	0
Or not to exceed.......................................................................................	1	10	0
65. To appeal against order of Court or a Justice, and to appear therein............	1	1	0
Or such amount as the taxing officer thinks fit.
66. To add parties by order of Court or a Justice.............................................	0	8	0
67. For counsel to advise on evidence when the evidence-in-chief is to be taken orally	0	16	0
Or not to exceed.......................................................................................	2	10	0
68. For bond or any other deed......................................................................	0	10	0
69. To retain counsel, including preparation of retainer...................................	0	8	0

 

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

Instructions—continued.

£	s.	d.
70. For brief on application in Chambers.......................................................	0	16	0
Or such amount as the taxing officer thinks fit.
71. For brief, such fee may be allowed as the taxing officer thinks fit, having regard to all the circumstances of the case, and to other allowances, if any, for attendances on witnesses, and procuring evidence.
72. An allowance in the nature of instructions for brief may be allowed to a solicitor when he conducts the cause or matter himself.
Drawing Pleadings, &c.
73. Statement of claim, including petition......................................................	0	12	0
Or per folio..............................................................................................	0	1	9
74. Defence, or plea, or demurrer..................................................................	0	12	0
Or per folio..............................................................................................	0	1	9
75. Counter-claim........................................................................................	0	12	0
Or per folio..............................................................................................	0	1	9
76. Reply with or without joinder of issue, confession of defence, and for any pleading (not being petitions or summonses), and amendments of any pleading......................	0	10	0
Or per folio..............................................................................................	0	1	9
77. Particulars, breaches, and objections, when required.................................	0	6	0
Or such amount as the taxing officer thinks fit, not exceeding per folio.......	0	1	9
78. Special case, whether original or in any action, affidavits in answer to interrogatories, and other affidavits and interrogatories, per folio...................................................	0	1	9
79. Affidavits verifying pleadings or other document, such allowance as the taxing officer thinks fit.
80. Briefs, including necessary and proper observations, per folio...................	0	1	9
81. Brief to hear reserved judgment, including copy (not allowed in chamber applications)	0	8	0
82. Fee to one counsel thereon, including clerk’s fee......................................	3	5	6
83. Or such amount as in the circumstances of the case the taxing officer thinks reasonable. In special cases the taxing officer may allow for the attendance of more than one counsel.
84. Accounts, statements, and other documents when required, not exceeding per folio	0	1	9
85. Advertisements to be signed by any officer of the Court or a Justice, including attendance therefor.............................................................................................................	0	12	0
Or per folio..............................................................................................	0	1	9
86. Bill of costs for taxation including copy for the taxing officer, per folio.....	0	1	9
87. No more than one affidavit of increase is to be allowed unless, in the opinion of the taxing officer, more than one affidavit is necessary.
88. Indorsement of fiat on petition or copy thereof or of citation on statement of claim	0	5	0
89. Preparing certificate of non-appearance, or as to funds, including copy for signature	0	5	0
90. Affidavit of service of any writ or other proceedings, including copy, where, in the opinion of the taxing officer, such affidavit was required..............................................	0	6	0
91. Marking each annexure or exhibit to any affidavit.....................................	0	1	0
92. Any other document not specially provided for, per folio..........................	0	1	9

 

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

Copies.	£	s.	d.
93. Of pleadings, briefs, and other documents, where no other provision is made, at per folio	0	0	8
94. If copy is attested, per folio.....................................................................	0	0	9
95. Where pursuant to Rules of Court any documents are printed, the solicitor of the party printing may be allowed, for a copy for the printer, at per folio.............................	0	0	8
96. The taxing officer shall only allow for a copy of such documents when in his opinion it would not be reasonably safe or convenient to send the original to the printer.
97. And for examining the proof print, at per folio..........................................	0	0	3
98. And for printing, the amount actually and properly paid to the printer, not exceeding per folio	0	2	6
99. And when extra copies are necessary, for every twenty copies beyond the first twenty, at per folio.............................................................................................................	0	0	3
100. And where any part shall be properly printed in a foreign language, or as a fac-simile, or where any alteration in the document being printed becomes necessary after the first proof, such further allowance shall be made as the taxing officer thinks reasonable.
These allowances are exclusive of all necessary attendances upon the printer.
101. Close copies, whether printed or written, are not to be allowed as of course, but the allowance is to depend upon the propriety of making or sending the copies, which in each case is to be shown and considered by the taxing officer.
102. Inserting amendments in printed copies of any pleading, special case, or petition, when not reprinted or in written copies when made under order of the Court or a Justice	0	5	0
Or per folio..............................................................................................	0	0	8
103. For completing and filling in printed forms, except as otherwise provided, such allowance as the taxing officer deems reasonable.
104. Where any documents are typewritten, only half the ordinary charge is to be allowed for any second copy, and one-third for any third or additional copy.
105. No allowance will be made for letterpress copies, or for any carbon copies which are not clear and legible.
Perusals.
106. Of statement of claim, plea, demurrer, petition, answer, defence, reply, or other similar pleading, or of any notice of motion by the solicitor of the party to whom the same is delivered	0	8	0
Or per folio............................................................................................	0	0	6
107. Of amendment of any such pleading in writing.......................................	0	8	0
Or per folio of amendment......................................................................	0	0	6
108. If same reprinted...................................................................................	0	8	0
Or per folio of amendment......................................................................	0	0	6
109. Of interrogatories to be answered by a party or his solicitor.....................	0	12	0
Or per folio............................................................................................	0	1	6
110. Of special case, particulars and objections, or statement of facts by the solicitor of any party, except the one by whom it is prepared....................................................	0	8	0
Or per folio............................................................................................	0	0	6
111. Of copy order to add parties...................................................................	0	8	0
112. Of notice to produce on trial or hearing of action, and notice to admit by the solicitor of the party served..................................................................................................	0	12	0
113. Or, if to admit facts, per folio.................................................................	0	1	6
114. Of affidavit in answer to interrogatories by the solicitor of the party interrogating, of affidavit or list of documents, and of other special affidavits by the solicitor of the party against whom the same can be read, per folio....................................................................	0	0	6

 

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

Perusals— continued.	£	s.	d.
115. Of deeds, accounts, and any other documents when no other provision is made...	0	0	6
116. Of exhibits or annexures to affidavits or other documents, evidence taken on commission, or de bene esse, such allowance as the taxing officer thinks fit, not exceeding per folio	0	0	6
Attendances.
117. To obtain consent of next friend to sue in his name, or of a guardian ad litem......	0	8	0
118. To inspect or produce for inspection, documents pursuant to a notice to admit.....	0	8	0
Or per hour.......................................................................................................	0	16	0
119. To examine and sign admissions.......................................................................	0	12	0
Or per folio.......................................................................................................	0	2	0
120. To inspect, or produce for inspection, documents referred to in any pleading, notice in lieu of pleading, or affidavit........................................................................................	0	8	0
Or per hour.......................................................................................................	0	16	0
121. To obtain or give any necessary or proper consent or undertaking.......................	0	8	0
122. To obtain an appointment to examine witnesses.................................................	0	8	0
123. On examination of witnesses before an officer of the Court or other person with counsel	1	5	0
124. For every hour after the first hour.....................................................................	0	16	0
125. Or if without counsel.......................................................................................	2	10	0
126. For every hour after the first hour.....................................................................	2	0	0
127. If the examination is more than two miles from the place of business of the solicitor, then such additional allowance may be made as the taxing officer, thinks reasonable.

128. On deponents being sworn to a statement of defence or affidavit, or by a solicitor or his clerk to be sworn to an affidavit....................................................................................	0	8	0
129. On a summons in Chambers if matter heard......................................................	0	15	0
Or not to exceed................................................................................................	3	3	0
130. If matter in list but not heard............................................................................	0	10	0
131. If matter heard without counsel.........................................................................	2	10	0
Or not to exceed................................................................................................	4	4	0
132. To file registrar’s and taxing officer’s certificates, and get copy marked as an office copy	0	5	0
133. On counsel with brief or other papers—
134. If counsel’s fee under five guineas....................................................................	0	6	0
135. If five guineas or under ten guineas...................................................................	0	12	0
136. If ten guineas or under twenty guineas..............................................................	0	16	0
137. If twenty guineas or under fifty guineas............................................................	1	5	0
138. If fifty guineas or more....................................................................................	1	15	0
139. On counsel to mark refresher or to appoint conference or consultation................	0	8	0
140. On consultation or conference with counsel.......................................................	1	1	0
Or not to exceed................................................................................................	3	3	0
141. Examining appeal books, per hour....................................................................	0	8	0
142. To enter or set down cause, special case, or appeal for hearing or trial.................	0	8	0
143. In Court on hearing of motion, originating summons, special case, petition, appeal, or any other hearing where no witnesses are examined, per day.............................................	1	1	0
Or not to exceed................................................................................................	5	5	0
144. If matter heard without counsel, such allowance as the taxing officer thinks reasonable.
145. If matter in list but not heard............................................................................	0	16	0
146. On hearing or trial of any cause or matter or issue of fact in the city or town where the solicitor resides or carries on business, when witnesses are examined, per day..................	1	10	0
Or not to exceed................................................................................................	6	6	0

 

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

Attendances—continued.

147. If matter heard without counsel, such allowance as the taxing officer thinks reasonable	£	s.	d.
148. When in the opinion of the taxing officer it is necessary for two principals, or for a solicitor and managing clerk to attend the trial, an additional allowance may be made per day of	2	2	0
149. Clerk’s attendance, if witnesses are examined or cross-examined, per day	1	5	0
150. Where in the opinion of the taxing officer it is necessary for a solicitor to leave the city or town where he resides or carries on business and to journey to another place an allowance may be made for each day (excepting Sunday) that he is necessarily absent, not exceeding	10	10	0
If clerk attends in place of principal a similar daily allowance may be made not exceeding	6	6	0
And expenses for solicitor (in addition to actual reasonable fares or payment for transport or conveyance) each day, including Sundays, for maintenance, not exceeding	1	10	0
In all such cases the taxing officer must be satisfied that the purpose of the journey could not have been satisfactorily accomplished by an agent.
If clerk attends in place of principal, not exceeding, per day......................	1	1	0
If solicitor has to attend on more than one trial or hearing at the same time and place, for each day of hearing in each case, not exceeding...................................................	6	6	0
If clerk attends on more than one trial in place of principal, in each case for each day	4	4	0
The expenses in such cases shall be rateably divided.
No allowance for maintenance shall be made when the cost of transport includes the supply of meals.
The allowance for any day which is occupied in travelling shall not exceed two-thirds of the above amounts.
For the purpose of this item a day means a period of twenty-four hours.
151. To hear reserved judgment....................................................................	0	10	0
Or not to exceed.....................................................................................	2	2	0
152. To deliver papers (when required) for the use of a Justice........................	0	5	0
153. If more than one Justice.........................................................................	0	12	0
154. On taxation of a bill of costs..................................................................	0	12	0
Unless the same necessarily occupies so much time that the taxing officer considers such amount inadequate, in which case he may allow such further fee as he thinks proper.
155. To obtain signature of the Registrar to any order made in Chambers, or to obtain signature and seal to any order made by Court.............................................................	0	8	0
156. To file, lodge, or deliver any document or other papers (including filing in lieu of service, but not other services), to obtain an appointment from any officer of the Court, to insert advertisement, or other attendance of a similar nature capable of performance by a junior clerk	0	5	0
157. At Registry, in connexion with the payment of money into or out of Court	0	8	0
158. To search whether appearance or any document is filed when necessary...	0	5	0
159. To bespeak and for copy of jury panel, or any other document necessarily ordered from an officer of the Court..........................................................................................	0	8	0
160. Upon any reference before the Principal Registrar, or other officer of the Court to settle minutes of judgment, or order or the like.............................................................	0	12	0
Or such amount as the taxing officer considers reasonable.
161. To present a special petition, and for same answered...............................	0	12	0

 

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

Attendances—continued.						£	s.	d.
162. On printer to insert advertisement in a paper...........................................						0	5	0
163. If the attendance is one requiring the personal attendance of the solicitor or his managing clerk, and involving the exercise of skill or legal knowledge, per hour...............						0	12	0
Or such larger amount as the taxing officer thinks reasonable, having regard to the importance or difficulty of the subject-matter of the attendance, not exceeding...............						1	10	0
164. Any attendance for which no other provision is made..............................						0	8	0
Or such amount as the taxing officer thinks reasonable.
Letters, &c.
165. In agency causes or matters for letters....................................................						0	10	0
166. In addition to the above, an allowance is to be made for the necessary expense of postages, carriage, and transmission of documents.
167. Necessary letters...................................................................................						0	4	0
Or not to exceed.....................................................................................						2	0	0
168. Circular letters after the first..................................................................						0	1	6
Views by Jury.
169. Such fees shall be allowed as the taxing officer considers necessary, including all fees paid for travelling.
Maps, Plans, and Models.
170. The taxing officer may allow such fees for maps, plans, and models for use at the trial or hearing as he considers reasonable.
171. Witnesses’ Expenses.
Allowance per day.
Professional men, including—
Medical Practitioners
Legal Practitioners
Architects
Engineers or Surveyors	£	s.	d	£	s.	d.
Dentists Veterinary Surgeons	1	1	0	to	3	3	0
University Professors
Accountants (carrying on business as principals)
Patent Attorneys
If country witnesses, an additional daily allowance of..........		0	5	0	to	1	10	0
Graziers, merchants, bankers, accountants, auctioneers, and the like, per day		0	10	6	to	2	2	0
If country witnesses, an additional daily allowance of..........		0	5	0	to	1	5	0
Police inspectors, journalists, tradesmen, artisans, mechanics, master mariners, farmers, clerks, and the like, per day.................................		0	7	6	to	1	10	0
If country witnesses, an additional daily allowance of..........		0	2	6	to	0	15	0
Constables, apprentices, sailors, labourers, and the like, per day		0	5	0	to	1	0	0
If country witnesses, an additional daily allowance of..........		0	2	0	to	0	10	0
Female witnesses according to station in life, per day..........		0	2	6	to	3	3	0
If country witnesses, an additional daily allowance of..........		0	2	0	to	1	10	0

“THE SCHEDULE—continued.

COSTS—continued.

Subject-Matter—continued.

Witnesses’ Expenses—Continued.

No witness shall be deemed to be a country witness who resides within 5 miles of the principal post-office or court house of the city or town where the cause or matter is tried or heard, or who ordinarily proceeds to some office or place of employment which is within 5 miles of such post-office or court house.

In addition to the above allowances, country witnesses may be allowed such sum as the taxing officer thinks reasonable, to provide for actual expenses of conveyance to and from the place of trial or hearing, excluding any charges for maintenance or sustenance.

The taxing officer may also allow such amount as he thinks has been reasonably and properly incurred and paid to witnesses for qualifying to give skilled evidence.

Disbursements.

172. All Court fees, counsels’ fees, and other fees and payments which, in the opinion of the taxing officer have been properly paid, shall be allowed.”.

V. That the foregoing Rules shall come into operation on the first day of June, 1923.

(l.s.) ADRIAN KNOX, C.J. ISAAC A. ISAACS, J. HY. B. HIGGINS, J. G. E. RICH, J. H. E. STARKE, J.

SEAFORTH MACKENZIE,

Principal Registrar.

 

Printed and Published for the Government of the Commonwealth of Australia

by Albert J. Mullett, Government Printer for the State of Victoria.