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

Statutory Rules 1982 No. 3161

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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 15 November 1982.

R. A. BLACKBURN

Chief Justice

J. KELLY

Judge

J. F. GALLOP

Judge

B. J. PROCTOR

Registrar

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Scale of costs

1. Rule 7 of Order 65 of the Rules of the Supreme Court of the Australian Capital Territory is amended by inserting in sub-rule (7) “and before 1 December 1982” after “1981”.

Fourth Schedule

2. The Fourth Schedule is repealed and the following Schedule substituted:

FOURTH SCHEDULE O.65 r.7

COSTS

Instructions

$
1.	To sue or defend	42.00
2.	For statement of claim, petition or special case; or counter-claim OR	42.00
such additional amount as the taxing officer thinks fit.

FOURTH SCHEDULE— continued

$
3.	For defence	36.00
	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	15.00
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	30.00
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	30.00
OR such additional amount as the taxing officer thinks fit.
7.	For brief to advise on evidence	27.00
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	30.00
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	22.50
OR (if in excess of 8 folios)
per folio	2.70
11.	Any other pleading, or an amendment of a pleading	15.00
OR (if in excess of 5 folios)
per folio	2.70
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)	13.50
OR (if in excess of 5 folios)
per folio	2.70
13.	Formal affidavits including affidavits of service	10.50
14.	Any other document OR (if in excess of 2 folios)	6.00
per folio	2.70
Engrossing
15.	Of documents, per folio	0.90
Copies
16.	Of documents, per page	0.90

 

FOURTH SCHEDULE— continued

$
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	10.50
	OR (if in excess of 8 folios)
	per folio	1.20
18.	Of any other document, per folio	1.20
Attendances
19.	Personal service where necessary OR	22,50
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	9.00
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	60.00
	(b) by any other solicitor—per hour	42.00
	(c) by clerk—per hour	21.00
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	90.00
(b) by any other solicitor—per hour OR such additional amount as the taxing officer thinks fit.	63.00
23.	For any attendance by a solicitor which involves a high degree of skill and responsibility per hour	90.00
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	24.00
	OR
	per hour	60.00
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 such additional amount as the taxing officer thinks fit.	7.50
26.	Formal telephone attendance	7.50
27.	Any other attendance (including a telephone attendance) by solicitor including travelling and waiting time	12.00
	OR
	per quarter hour	15.00
28.	Any other attendance (including a telephone attendance) by clerk including travelling and waiting time	7.50
	OR
	per quarter hour	5.25
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	350.00
	OR if a clerk attends in place of the solicitor, a similar daily allowance may be made, not exceeding	90.00
	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	7.50
	OR
	per folio	3.60

 

FOURTH SCHEDULE— continued

$
31.	Special letters OR	12.50
	per folio	3.60
32.	Formal letters of acknowledgement	5.00
33.	Circular letters after the first	2.25
Witnesses’ Expenses
34.	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
35.	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.

Application

3. The Schedule substituted by rule 2 applies to and in relation to all work done or services performed on or after 1 December 1982, and, notwithstanding its repeal, the Schedule repealed by that rule continues to apply to and in relation to all work done or services performed before that date.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 23 November 1982.

2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 202 and see also