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

Statutory Rules 1988 No. 241

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Rules of the Supreme Court of the

Australian Capital Territory2 (Amendment)

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

Dated 22 February 1988.

JEFFREY MILES

Chief Justice

J. KELLY

Judge

J. F. GALLOP

Judge

P. G. DINGWALL

Registrar

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Commencement

1. These Rules shall come into operation on 1 March 1988.

Principal Rules

2. In these Rules, “Principal Rules” means the Rules of the Supreme Court of the Australian Capital Territory.

Indorsement of notice as to stay of proceedings

3. (1) Rule 6 of Order 4 of the Principal Rules is amended:

(a) by omitting from paragraph (3) (a) “$340” and substituting “$345”;

and

(b) by omitting from sub-rule (4) “$387” (wherever occurring) and substituting “$394”.

(2) The amendments effected by subrule (1) apply to writs issued on or after 1 March 1988.

4. Rule 7 of Order 65 is repealed and the following rule substituted:

Scale of costs

“7. (1) Except where otherwise ordered, for work done and services performed after this rule comes into operation, solicitors shall be entitled to charge and be allowed the costs set out in the Fourth Schedule, and no higher costs shall be allowed in any case except such as are by this Order otherwise provided for.

“(2) Notwithstanding the provisions of subrule (1), in respect of all actions and proceedings instituted on or after 1 March 1988 where the amount recovered by the plaintiff by default, judgment or otherwise or the amount claimed against the defendant is less than $10,000, solicitors shall be entitled to charge and be allowed two-thirds only of the charges provided for in the Fourth Schedule provided that in any case the Court or Judge may order that the charges to be allowed shall be those provided for in sub-rule (1) or such greater proportion of those charges as is deemed fit.

“(3) Nothing in this rule affects the operation of section 120 or 121 of the Legal Practitioners Ordinance 1970”.

Rate of payment for copies of documents

5. Rule 41 of Order 65 of the Principal Rules is amended by omitting “10 cents per folio” and substituting “$1.40 per page”.

Fourth Schedule

6. The Fourth Schedule to the Principal Rules is repealed and the following Schedule substituted:

 

FOURTH SCHEDULEO.65 r.7

COSTS

Item No.	Matter in respect of which charge is made	Charge
Instructions		$
1	To sue or defend	64.60
2	For statement of claim, petition or special case; or counter-claim	64.60
OR
such additional amount as the taxing officer thinks fit.
3	For defence	55.30
	OR
	such additional amount as the taxing officer thinks fit.
4	For
	(a) reply;
	(b) to amend a pleading;
	(c) documents to be brought into the Registrar’s office, such as accounts, deeds, etc;
	(d) to add parties by order;
	(e) bond or any other deed; or
	(f) to retain counsel, including preparation of retainer	23.00
	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 discovery;
	(e) an application for an order that a matter be heard before the Full Court; or
	(f) brief on application in Chambers	46.10
	OR
	such additional amount as the taxing officer thinks fit.
6	For or in opposition to an application whether in Court, before the Registrar or in Chambers; or the taxing of a bill of costs	46.10
	OR
	such additional amount as the taxing officer thinks fit.
7	For brief to advise on evidence	41.50
	OR
	such additional amount as the taxing officer thinks fit.
8	(a) For statement of facts in an action;
	(b) to request particulars; or
	(c) for particulars	46.10
	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	Originating process; or counter-claim	34.40
	OR (if in excess of 7 folios)
	per folio	4.80
11	Any other pleading, or an amendment of a pleading	23.00
	OR (if in excess of 4 folios)
	per folio	4.80

 

FOURTH SCHEDULE— continued

Item No.	Matter in respect of which charge is made	Charge
$
12	(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; and
	(h) briefs (including observations)	21.00
	OR (if in excess of 4 folios)
	per folio	4.80
13	Formal affidavits including affidavits of service	16.20
14	Any other document	9.20
	OR (if in excess of 1 folio)
	per folio	5.40
Engrossing
15	Of documents, per folio	1.40
Copies
16	Of documents, per page	1.40
Perusal
17	Of
	(a) any originating process;
	(b) any pleading;
	(c) any summons or notice of motion;
	(d) interrogatories;
	(c) special case;
	(f) notice to produce; or
	(g) notice to admit	16.20
	OR (if in excess of 8 folios) per folio	1.80
18	Of any other document, per folio	1.80
Attendances
19	Personal service where necessary OR	34.40
	such additional amount as the taxing officer thinks fit.
20	Service at the office of a solicitor on the record or the address for service of a party; by post; or where service is effected by arrangement through a document exchange	13.90
21	(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—per hour	92.20
	(ii) by any other solicitor— per hour	64.60
	(iii) by clerk per hour	32.30

 

FOURTH SCHEDULE— continued

Item No.	Matter in respect of which charge is made	Charge
$
22	For any other attendance in Court on 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—per hour	138.20
	(b) by any other solicitor—per hour OR	96.80
	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 per hour	138.20
24	In Court or Chambers or before the Registrar, for the purpose of taking a reserved judgment, or to mention a matter, for the purpose of adjournment or otherwise OR	36.80
	per hour	92.20
25	At the Registry or other office or place for the purpose of filing, delivering, or bespeaking a document, or a purpose not involving the exercise of legal skill or knowledge OR	11.50
	such additional amount as the taxing officer thinks fit
26	Formal telephone attendance	11.50
27	Any other attendance (including a telephone attendance) by solicitor including travelling and waiting time OR	18.50
	per quarter hour	23.00
28	Any other attendance (including a telephone attendance) by clerk including travelling and waiting time OR	11.50
	per quarter hour	8.00
29	Where the taxing officer is satisfied that a solicitor has been necessarily absent from the place where he or she carries on practice, an allowance (in addition to reasonable travelling expenses) may be made for each day (other than Saturdays and Sundays) that he or she is so absent of such amount as the taxing officer thinks reasonable, not exceeding OR	538.00
	if a clerk attends in place of the solicitor, a similar daily allowance may be made. not exceeding	138.00
The taxing officer must be satisfied that the purpose of the journey could not have been satisfactorily accomplished by an agent.
Letters
30	Ordinary letters and telegrams OR	11.50
	per folio	5.55
31	Special letters OR	19.00
	per folio	5.55
32	Formal letters of acknowledgement	7.70
33	Circular letters after the first	3.50
34	Telegram, facsimile copy or telex including attendance to dispatch OR	18.10
	such fee as may be allowed as is reasonable in the circumstances
35	Receiving and filing any incoming letter (Postage and transmission fees may be claimed as a disbursement properly incurred)	4.80

 

FOURTH SCHEDULE— continued

Item No.	Matter in respect of which charge is made	Charge
$
Witnesses’ Expenses
36	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 paid, shall be allowed.

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Transitional

7. (1) Notwithstanding the repeal of rule 7 of Order 65 of the Principal Rules effected by these Rules, the provisions of that rule as in force immediately before the commencement of these Rules continue to apply to and in relation to work done and services performed in respect of the periods in respect of which that rule as so in force was expressed to apply.

(2) Notwithstanding the repeal of the Fourth Schedule effected by rule 6, that Schedule as in force immediately before the commencement of these Rules continues to apply to and in relation to work done and services performed before that commencement.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 February 1988.

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.