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

Statutory Rules 1984 No. 2851

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Rules of the Supreme Court of the Australian Capital Territory2 (Amendment)

WE, Judges appointed under sub-section 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 4 October 1984.

R. A. BLACKBURN

Chief Justice

J. J A. KELLY

Judge

B. J. PROCTOR

Registrar

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Commencement

1. These Rules shall come into operation on 1 November 1984.

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. Rule 6 of Order 4 of the Principal Rules is amended—

(a) by omitting from paragraph (3) (a) “$223” and substituting “$252”; and

(b) by omitting from paragraphs 4 (a) and (b) “$255” (wherever occurring) and substituting “$292”.

 

4.Rule 7 of Order 65 of the Principal Rules is repealed and the following rule substituted:

Scale of costs

“7. (1) Except where otherwise ordered, in causes, matters, or proceedings commenced after this rule comes into operation, solicitors shall be entitled to charge and be allowed the costs set forth 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 sub-rule (1) of this rule, in respect of all actions and proceedings instituted on or after 1 September 1982 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 thereof as is deemed fit.

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

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 The Fourth Schedule to the Principal Rules is repealed and the following Schedule substituted:

FOURTH SCHEDULE O.65 r.7

COSTS

Instructions
$
1.	To sue or defend	53.50
2.	For statement of claim, petition or special case; or counter-claim	53.50
OR
such additional amount as the taxing officer thinks fit.
3.	For defence OR such additional amount as the taxing officer thinks fit.	45.80
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	19.00
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	38.20

 

FOURTH SCHEDULE—continued

$
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	38.20
OR
such additional amount as the taxing officer thinks fit.
7.	For brief to advise on evidence	34.40
OR
such additional amount as the taxing officer thinks fit.
8.	(a) For statements of facts in an action;
(b) to request particulars; or
(c) for particulars	38.20
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	28.50
OR (if in excess of 7 folios)
per folio	3.95
11.	Any other pleading, or an amendment of a pleading	19.00
OR (if in excess of 4 folios)
per folio	3.95
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)	17.20
OR (if in excess of 4 folios)
per folio	3.95
13.	Formal affidavits including affidavits of service	13.40
14.	Any other document	7.60
OR (if in excess of 1 folio)
per folio	4.45
Engrossing
15.	Of documents, per folio	1.15
Copies
16.	Of documents, per page	1.15
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	13.40

FOURTH SCHEDULE— continued

$
OR (if in excess of 8 folios)
per folio	1.50
18.	Of any other document, per folio	1.50
Attendances
19.	Personal service where necessary	28.50
OR
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	11.50
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
(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	76.40
(b) by any other solicitor per hour	53.50
(c) by clerk per hour	26.75
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	114.50
(b) by any other solicitor per hour	80.20
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 per hour	114.50
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	30.50
OR
per hour	76.40
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	9.50
OR
such additional amount as the taxing officer thinks fit.
26.	Formal telephone attendance	9.50
27.	Any other attendance (including a telephone attendance) by solicitor including travelling and waiting time	15.30
OR per quarter hour	19.00
28.	Any other attendance (including a telephone attendance) by clerk including travelling and waiting time	9.50
OR
per quarter hour	6.70
29.	Where the taxing officer is satisfied that a solicitor has been necessarily absent from the place where he carries on practice, an allowance (in addition to reasonable travelling expenses) may be made for each day (other than Saturdays and Sundays) that he is so absent of such amount as the taxing officer thinks reasonable, not exceeding	445.50
OR
if a clerk attends in place of the solicitor, a similar daily allowance may be made, not exceeding	114.50
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	9.50

 

FOURTH SCHEDULE— continued

$
OR
per folio	4.60
31.	Special letters	15.90
OR
per folio	4.60
32.	Formal letters of acknowledgement	6.40
33.	Circular letters after the first	2.90
34.	Telegram, facsimile copy, or telex including attendance to dispatch	15.00
OR
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)	4.00
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.

Transitional

6. (1) Not withstanding 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 5, 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 date.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 16 October 1984.

2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1984 No. 110 and see also