Rules of the Supreme Court of the Australian Capital Territory (Amendment) (Cth)

Statutory

Rules1992No. 82 1

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Rules of the Supreme Court of the Australian

Capital Territory 2(Amendment)

We, Judges appointed under subsection 7 (1) of the Australian Capital Territory Supreme Court Act 1933, make the following Rules of Court under section 28 of that Act.

 Dated 26 March 1992.

 JEFFREY MILES

 Chief Justice

 T. J. HIGGINS

 Judge

A. G. TOWILL

Registrar

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1.   Commencement

1.1   These Rules commence on 1 April 1992.

2.   Amendment

2.1   The Rules of the Supreme Court of the Australian Capital Territory are amended as set out in these Rules.

3.   Order 4, rule 6 (Indorsement of notice as to stay of proceedings)

3.1   Paragraph 6 (3) (a):

Omit “$494”, substitute “$499”.

3.2   Paragraphs 6 (4) (a) and (b):

Omit “$552”, substitute “$558”.

4.   Order 65, rule 7 (Scale of costs)

4.1   Subrules 7 (4), (5) and (6):

Omit the subrules.

5.   Order 65, rule 41 (Rate of payment for copies of documents)

5.1   Omit “$1.40 per page”, substitute “$1.70 per page”.

6.   Fourth Schedule

6.1   Omit the Schedule, substitute:

SCHEDULE 4

O.65 r.7

 

 COSTS

 

Item No.	Matter in respect of which charge is made	Charge ($)
Instructions
1	To sue or defend	77.70
2	For (a) statement of claim, petition or special case; (b) counter-claim	77.70	or such additional amount as the taxing officer thinks fit
Item No.	Matter in respect of which charge is made	Charge ($)
3	For defence	66.50	or such additional amount as the taxing officer thinks fit.
4	For (a) reply; (b) amending a pleading; (c) documents to be brought into the Registrar’s office, such as accounts, deeds, etc; (d) adding parties by order; (e) bond or any other deed; (f) retaining counsel, including preparation of retainer	27.70	or such additional amount as the taxing officer thinks fit.
5	For (a) any pleading not otherwise provided for; (b) interrogatories for the examination of a party or witness; (c) affidavit in answer to interrogatories and other special affidavits; (d) discovery, or affidavit of discovey; (e) an application for an order that a matter be heard before the Full Court; (f) brief on application in Chambers	55.40	or such additional amount as the taxing officer thinks fit.
6	For (a) an application whether in Court, before the Registrar or in Chambers; (b) opposition to an application; (c) the taxing of a bill of costs	55.40	or such additional amount as the taxing officer thinks fit.
Item No.	Matter in respect of which charge is made	Charge ($)
7	For brief to advise on evidence	49.90	or such additional amount as the taxing officer thinks fit.
8	For (a) statement of facts in an action; (b) request for particulars; (c) particulars	55.40	or such additional amount as the taxing officer thinks fit.
9	For brief (preparation for trial)	such amount as the taxing officer thinks fit.
Drawing
10	For originating process, or counter-claim	41.40	or if in excess of 7 folios—5.80 per folio
11	For any other pleading, or an amendment of a pleading	27.70	or if in excess of 4 folios—5.80 per folio
12	For (a) notices of interlocutory  motion; (b) summonses to attend at judge’s chambers; (c) notices to produce documents; (d) notices to admit facts; (e) special case; (f) interrogatories; (g) special affidavits; (h) briefs (including observations)	25.30	or (in each case), if in excess of 4 folios—5.80 per folio
13	Formal affidavits including affidavits of service	19.50
14	Any other document	11.00	or if in excess of 1 folio—6.50 per folio

Item No.	Matter in respect of which charge is made	Charge ($)
Engrossing
15	Of documents	1.70	per folio
Copies
16	Of documents	1.70	per page
Perusal
17	Of (a) any originating process; (b) any pleading; (c) any summons or notice of motion; (d) interrogatories; (e) special case; (f) notice to produce; or (g) notice to admit	19.50	or (in each case) if in excess of 8 folios—2.20 per folio
18	Of any other document	2.20	per folio
Attendances
19	For personal service, where necessary	41.40	or such additional amount as the taxing officer thinks fit.
20	For service (a) at the office of a solicitor on the record or the address for service of a party; (b) by post; (c) where effected through a document exchange	16.70

Item No.	Matter in respect of which charge is made	Charge ($)
21	For attendance: (a) to instruct Counsel; (b) on taxation of a bill of costs or other matter; (c) at conference with Counsel; (d) on a view; (e) on witness or other persons; (f) to inspect or produce documents for each solicitor or clerk necessarily or properly engaged; (i) by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least two years (ii) by any other solicitor (iii) by a clerk	110.90 77.70 38.80	per hour per hour per hour
22	For any other attendance in Court or any hearing without Counsel (a) by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least two years (b) by any other solicitor	166.20 116.40	per hour per hour or such additional amount as the taxing officer thinks fit.
23	For any attendance by a solicitor which involves a high degree of skill and responsibility	166.20	per hour

Item No.	Matter in respect of which charge is made	Charge ($)
24	In Court or Chambers or before the Registrar: (a) for the purpose of taking a reserved judgment; (b) to mention a matter; (c) for the purpose of  adjournment; (d) for any other reason	44.30	or 110.90 per hour
25	At the Registry or other office or place for: (a) the purpose of filing, delivering, or bespeaking a document; (b) a purpose not involving the exercise of legal skill or knowledge	13.80	or such additional amount as the taxing officer thinks fit.
26	Formal telephone attendance	13.80
27	Any other attendance by a solicitor (including travelling and waiting time and including a telephone attendance)	22.20	or 27.70 per quarter hour
28	Any other attendance by a clerk (including travelling and waiting time and including a telephone attendance)	13.80	or 9.60 per quarter hour

Item No.	Matter in respect of which charge is made	Charge ($)
29	If the taxing officer is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that: (a) a solicitor has been necessarily absent from the place where he or she carries on practice	an allowance (in addition to reasonable travelling expenses) for each day (other than Saturdays and Sundays) that the solicitor is so absent of such amount as the taxing officer thinks reasonable, not exceeding  647.00
or (b) a clerk has attended in place of the solicitor	a similar daily allowance, not exceeding  166.00
Letters
30	Ordinary letters and telegrams	13.80	or 6.70 per folio
31	Special letters	22.80	or 6.70 per folio
32	Formal letters of acknowledgement	9.30
33	Circular letters after the first	4.20
34	Telegram, facsimile copy or telex including attendance to dispatch	21.80	or such fee as is reasonable in the circumstances

Item No.	Matter in respect of which charge is made	Charge ($)
35	Receiving and filing any incoming letter (postage and transmission fees properly incurred may be claimed as a disbursement)	5.80
Witnesses’ Expenses
36	In all cases	To be at the same rates and subject to the same conditions as witnesses’ expenses that are, from time to time, prescribed by the Justices of the High Court under section 86 of the Judiciary Act 1903
Disbursements
37	All court fees, counsel’s fees and other fees and payments which, in the opinion of the taxing officer, have been properly incurred.	Allowed in full

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 March 1992.

 

2. Statutory Rules 1937 No. 85 as amended by 1938 No. 99; 1939 Nos. 48 and 61; 1950 No. 22; 1956 No. 135; 1958 No. 64; 1962 Nos. 47 and 76; 1966 No 132; 1967 No. 68; 1968 No. 13; 1969 Nos. 57, 66, 221 and 222; 1972 No. 189; 1973 Nos. 95 and 149; 1974 Nos 25, 60 and 197; 1975 No. 81; 1976 No. 190; 1977 No. 152; 1978 Nos. 86 and 173; 1980 Nos. 210 and 214; 1981 Nos. 104, 196, 296 and 328; 1982 Nos. 202, 316 and 365; 1983 Nos. 26, 27 and 228; 1984 Nos. 110, 281, 285, 313 and 405; 1985 Nos, 27 and 69; 1986 Nos. 8, 26, 86 and 349; 1987 Nos. 67, 93 and 219; 1988 Nos. 24, 145, 221, 257 and 331; 1989 Nos. 18, 30, 191 and 273; 1990 Nos. 2, 129, 372 and 458; 1991 Nos. 108, 251, 252, 294, 416 and 472; 1992 No. 79.