High Court Rules (Amendment) (Cth)
We, Justices of the
High Court, make the following Rules of Court under the
Dated 5 February 1992.
A. F. MASON
F. G. BRENNAN
WILLIAM DEANE
DARYL DAWSON
(L.S.) J. TOOHEY
M. GAUDRON
M. H. McHUGH
Justices of the High Court
of Australia
FRANK JONES
Registrar
1.1 These Rules shall come into operation on 24 February 1992.
1.2 Notwithstanding subrule 1.1, the Schedule omitted from the High Court Rules by rule 2 shall continue to apply in relation to all work done and services performed before 24 February 1992.
2.1 The High Court Rules are amended by omitting the Second Schedule and substituting the following Schedule:
COSTS
Item $
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INSTRUCTIONS
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 . . . . . . . . . . . . . . . . . 128.80
To make or oppose any interlocutory application 57.10
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 . . . . . . . . . . 128.80
For any pleading (other than a statement of claim) . . 100.10
To amend any pleading . . . . . . . . . . . . . 34.60
For a statement of facts or an agreed statement of facts
in a matter . . . . . . . . . . . . . . . . . . 100.10
Item $
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For interrogatories, answers to interrogatories, special
affidavits or an affidavit (not being a formal affidavit) . . 77.10
For Counsel to advise . . . . . . . . . . . . . . . 55.20
For a document not otherwise provided for . . . . . . 21.90
For a brief for Counsel on a hearing or application in Court
or in Chambers or brief notes for solicitor . . . . . . . 71.60
NOTE: Instructions are not to be allowed where the work
intended to be included therein is charged for and allowed in
detail. Instead of the above costs for instructions, such larger
sum may be claimed as is reasonable in all the circumstances
of the case, and is allowed on taxation at the discretion of the
Taxing Officer.
WRITS
Writ of Summons for the commencement of an action or other
writ not specifically provided for . . . . . . . . . . . 59.70
Concurrent Writ of Summons . . . . . . . . . . . . 21.50
Writ of Subpoena . . . . . . . . . . . . . . . . . 31.20
If any of the above writs exceeds 3 folios, for each extra folio 4.50
NOTE: These costs include all endorsements, and copies (for
the officers sealing them) and attendances to issue or seal, but
not the Court fees.
SUMMONSES AND MOTIONS
Any Chamber Summons or motion, including preparation,
copies and attendance to issue, including attendance to fix
return date . . . . . . . . . . . . . . . . . . . 36.60
—if more than 3 folios, for each extra folio . . . . . . . 4.50
Item $
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APPEARANCES AND NOTICES
Preparing and entering an appearance including
duplicate memorandum and Notice of Appearance
for service . . . . . . . . . . . . . . . . . . . . 60.30
Any necessary or proper notice or memorandum not
otherwise provided for, or any demand . . . . . . . . . 20.10
—if more than 3 folios, for each extra folio . . . . . . . 4.50
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.
DRAWING
Drawing any pleading or affidavit not exceeding 5 folios . . 57.10
—or, per folio . . . . . . . . . . . . . . . . . . . 8.10
Drawing any other document where no other provision is made
—per folio . . . . . . . . . . . . . . . . . . . . 7.90
ENGROSSING
Marking each exhibit to an affidavit . . . . . . . . . . 1.50
Engrossing any document
—per folio . . . . . . . . . . . . . . . . . . . . 2.90
COPIES
Of any document including carbon, photographic or machine
made copy—per page . . . . . . . . . . . . . . . . 1.50
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.
Item $
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PERUSAL AND EXAMINATION
Perusal of any document including special letter, telegram,
telex or similar document . . . . . . . . . . . . . 21.40
—or, per folio . . . . . . . . . . . . . . . . . . 2.90
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.
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. .. .. .. .. .. .. .. .. . . 21.50
—clerk. .. .. .. .. .. .. .. .. .. . 7.10
CORRESPONDENCE
Short letter including a formal acknowledgment, making
appointments, forwarding documents without comment . . 10.20
Ordinary letter (including letters between principal and agent) 17.30
Circular letter (after the first) each . . . . . . . . . . 5.70
Special letter or letter containing opinion and including letters
of substance between principal and agent . . . . . . . 28.60
or
Such sum as the Taxing Officer thinks reasonable in the
circumstances.
Telegram, facsimile copy, telex or other document by similar
transmitting process including attendance to dispatch (where
necessary) . . . . . . . . . . . . . . . . . . 28.60
or
Such sum as the Taxing Officer thinks reasonable in the
circumstances.
Item $
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Receiving and filing any incoming special letter, facsimile,
telegram or telex . . . . . . . . . . . . . . . . 1.50
NOTE: Postage and transmission fees may be claimed as a
disbursement properly incurred.
SERVICE
Personal service of any process or proceeding where necessary 35.60
or
Such sum may be allowed as is reasonable having regard to
time occupied, distance travelled and other relevant
circumstances.
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 . . . . . . . . . . . . . . . 31.70
(b) Agent’s charges . . . . . . . . . . . . . . . 60.30
and such disbursements as may reasonably be incurred.
Service of any document at the office of the address for
service either by delivery or by post . . . . . . . . . 12.10
ATTENDANCES
An attendance which requires the attendance of a solicitor
—per quarter hour . . . . . . . . . . . . . . . . 34.20
An attendance which is capable of being made by a clerk 21.40
—or per quarter hour . . . . . . . . . . . . . . . 5.50
Making an appointment or similar attendance by telephone 10.20
Item $
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An attendance on counsel:
—with brief or other papers . . . . . . . . . . . . . 21.80
—to appoint a conference or consultation . . . . . . . . 9.50
A conference or consultation with counsel . . . . . . . 57.10
—or, per half hour . . . . . . . . . . . . . . . . 43.00
On a summons or other application in Chambers . . . . 32.30
—or, per half hour . . . . . . . . . . . . . . . . 57.10
In Court or in Chambers instructing counsel on any hearing
or application.
—If a solicitor attends, per hour . . . . . . . . . . . 137.60
or
—If a clerk attends, per hour . . . . . . . . . . . . 57.20
On an application or appearance before a Registrar or
a Taxing Officer . . . . . . . . . . . . . . . . 71.60
or
Per hour . . . . . . . . . . . . . . . . . . . 85.90
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.
To hear Judgment . . . . . . . . . . . . . . . . 37.40
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 . . . 287.50
Item $
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Where the Taxing Officer is satisfied that a solicitor has
his or her principal place of practice 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 his or her
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 . . . . . . . . . . . . . . . . . . . . 642.30
An attendance for which no other provision is made . . . 28.60
PREPARATION OF APPEAL AND APPLICATION BOOKS
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. .. .. .. .. .. .. .. . . 92.90
clerk. .. .. .. .. .. .. .. .. . 31.00
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 he or she thinks just and reasonable having
regard to work and labour properly performed and
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.
Item $
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GENERAL CARE AND CONDUCT
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
In exercising his or her discretion the
Taxing Officer may have regard to any matters which he or
she 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
Witnesses called because of their professional, scientific
or other special skill or knowledge.
per day . . . . . . . . . . . . . . . . . . . 523.00
Witnesses called, other than those covered in item 49.
per day . . . . . . . . . . . . . . . . . . . 55.20
Witnesses remunerated in their occupation by wages, salary
or fees, the amount lost by attendance at Court.
Item $
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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.
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.
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
The
scale in this item does not affect the existing practice of
allowing qualifying fees to witnesses.
DISBURSEMENTS
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.
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 he or she considers reasonable.
1. Notified in the
2. Statutory Rules 1952 No. 23 as amended by 1953 Nos. 1 and 46; 1954 No. 102; 1955 Nos. 25 and 34; 1959 No. 107; 1960 Nos. 19 and 94; 1961 Nos. 19 and 89; 1968 No. 4; 1970 No. 17; 1973 Nos. 94 and 205; 1976 No. 44; 1977 No. 41; 1978 Nos. 10 and 46; 1980 Nos. 88 and 296; 1981 No. 24; 1982 Nos. 77, 164, 216 and 262; 1983 Nos. 257 and 263; 1984 No. 406; 1985 No. 387; 1986 Nos. 22, 290, 305 and 383; 1987 Nos. 46, 179 and 302; 1988 Nos. 218 and 230; 1989 Nos. 27 and 132; 1990 No. 349; 1991 Nos. 318 and 473.
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