Rules of the Supreme Court of the Northern Territory of Australia 1966 (Amendment) (Cth)

  

Statutory Rules

1978 No. 18

RULES UNDER THE NORTHERN TERRITORY SUPREME COURT ACT 1961*

 

I, WILLIAM EDWARD STANLEY FORSTER, the Chief Judge of the Supreme Court of the Northern Territory of Australia, in pursuance of the powers conferred on me by the Northern Territory Supreme Court Act 1961, hereby make the following Rules of Court.

Dated this 16th day of February, 1978.

W. E. S. FORSTER

Chief Judge

AMENDMENTS OF THE RULES OF THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

Principal Rules

1. The Rules of the Supreme Court of the Northern Territory of Australia, being Statutory Rules 1966, No. 178, as amended by Statutory Rules 1967, No. 14; 1970, No, 208; 1972, No. 86; 1974, Nos. 102 and 103 and 1975, No. 164, are in these Rules referred to as the Principal Rules.

Commencement

2. (1) These Rules shall come into operation on 1 March, 1978.

(2) The amendment of the Rules of the Supreme Court of the Northern Territory of Australia effected by Rule 3 of these Rules does not apply to or in relation to a Writ of summons issued before the date on which these Rules came into operation.

Indorsement of notice as to stay of proceedings

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

(a) by omitting from sub-rule (3) (a) “ $60.00 ” and substituting “ $80.00 ”; and

(b) by omitting from sab-rule (4) “ $120.00 ” (wherever occurring) and substituting “ $160.00 ”.

Scale of costs

4. Rule 8 (2) of Order 64 of the Principal Rules is amended—

(a) by omitting from paragraphs (b) and (c) “ to these Rules ” and substituting “ to Statutory Rules 1966, No. 178 as amended up to and including the amendments made by Statutory Rules 1972, No. 86 ”; and

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* Notified in the Northern Territory Government Gazette on 21 February 1978.

 

(b) by omitting paragraph (d) and substituting:

“ (d) for work done on or after 1 September, 1975 but before 1 March, 1978—twice the fee specified in the Second Schedule to Statutory Rules 1966, No. 178 as amended up to and including the amendments made by Statutory Rules. 1972, No. 86;

(e) for work done on or after 1 March, 1978—the fees specified in Schedule 2 to these Rules.”,

5. Rule 64 of Order 64 of the Principal Rules is omitted and the following rule inserted:

Disallowances where bill reduced by 20 per cent or more

“ 64.(1) If on the taxation of a bill of costs payable out of a fund or estate (real or personal), or out of the assets of a company in liquidation, the amount of professional charges contained in the bill is reduced by 20 per cent or more, no costs shall be allowed to the solicitor leaving the bill for taxation for drawing and copying it, or for attending the taxation.

“ (2) If on the taxation of a bill of costs, other than the taxation of a bill of costs referred to in sub-rule (1), the amount of professional charges contained in the bill is reduced by 20 per cent or more, the taxing officer may refuse to allow to the solicitor leaving the bill for taxation costs for drawing and copying it, or for attending the taxation and, if the taxing officer so directs, the solicitor shall personally pay the costs of attending the taxation, incurred by a party who, in the opinion of the taxing officer, had a right to appear on the taxation, and who did so appear.

“ (3) In making a direction under sub-rule (2), the taxing officer may have regard to an offer of settlement of costs made by a party who had a right to appear on the taxation.”.

Second Schedule

6. Schedule 2 to the Principal Rules is repealed and the following Schedule substituted:

“ SCHEDULE 2 O.64 r8

PRACTITIONERS' COSTS

WRITS AND SUMMONSES

1. Drawing and engrossing any Writ (whether of summons, of mandamus, of fi. fa. or any other Writ save as otherwise provided in the Schedule), or other originating process..............................................................................	$25.00
Drawing and engrossing any Writ of subpoena.....................................................................	$10.00
These costs include all indorsements, (except the indorsement of a statement of claim on a specially endorsed Writ) and copies, praecipes, and attendances to issue or seat.......................................................................	$12.00
2. Concurrent Writ or renewal of Writ (including copies, praecipes, and attendances to issue or seal)	$10.00
3. Interlocutory Summons or notice of motion (where not an originating process) including copies and attendances to issue and seal........................................................................................................................................	$10.00

 

“ SCHEDULE 2—continued

SERVICES AND NOTICES

4. Attendance to effect personal service of any process or proceeding.........................................	$10.00
or
such amount, having regard to the distance of the party to be served, the number of attendances necessary to effect service, the time involved in effecting service, or such other factors as the taxing officer considers relevant, and reasonable,
or
the amount actually and reasonably charged by a Sheriff, Court Officer (including the officer of any Court in another State), agent or process server to effect service.
5. Service by post, or at the address for service of a party...........................................................	$4.00
APPEARANCES
6. Preparing and entering an appearance or notice of address, including copies............................	$10.00
INSTRUCTIONS
7. To obtaining initial instructions, including instructions to sue or defend..................................	$40.00
8. Save as otherwise provided, for any pleading, for interrogatories or affidavits of discovery or in answer to interrogatories	$30.00
or
such amount as the taxing officer thinks fit.
9. For any other affidavit, or document, or to amend a pleading..................................................	$10.00
or
such amount as the taxing officer thinks fit.
10. For or in opposition to, a motion, including an application to be made in Court, an application before the, Master, or an application in Chambers, or for brief in Chambers...............................................................................	$25.00
or
such amount as the taxing officer thinks fit.
11. For brief to counsel to advise on evidence...........................................................................	$20.00
or
such amount as the taxing officer thinks fit.
12. For brief, such fee may be allowed as the taxing officer thinks fit, having regard to all the circumstances of the case, and to other allowances, if any, for attendances on witnesses and procuring evidence.
An allowance in the nature of instructions for brief shall be allowed to a solicitor when he instructs his partner, employee, fellow employees, or employer to appear as counsel or when he conducts the cause or matter himself.
Provided that in the case of a sole practitioner the allowance shall be two-thirds of what would otherwise be allowed and in a case where a partner, employee, fellow employee, or employer is briefed the allowance shall be five-sixths of what would otherwise be allowed.
DRAWING AND ENGROSSING PLEADINGS AND OTHER DOCUMENTS
13. Drawing and engrossing any pleading, affidavit, or other document, per page (being not less than international paper size A4 with wording reasonably spaced) or part thereof, or any letter, reasonably spaced, per page or part thereof	$10.00
Short or formal letters.........................................................................................................	$5.00
14. Marking each exhibit or annexure to an affidavit..................................................................	$1.50
15. Engrossing any document, not drawn by the practitioner concerned, per page (being not less than international paper size A4 with wording reasonably spaced) or part thereof........................................................................	$3.00
COPIES
16. Carbon copies, per page.....................................................................................................	$2.00
17. Photocopies, per page.........................................................................................................	$0.50

“ SCHEDULE 2—continued

PERUSALS

18. Any pleading, affidavit, transcript of proceeding, reasons for judgment, or other document necessary to be perused, per page, or part thereof.............................................................................................................................	$3.00
ATTENDANCES
19. To file or deliver any document, or any other attendance which does not involve the exercise of skill or legal knowledge and is capable of performance by a clerk.................................................................................................	$4.00
or
per hour or part thereof, if in excess of one hour...................................................................	$8.00
20. To swear an affidavit..........................................................................................................	$6.00
21. At call-over, including preparation to attend call-over, for a maximum of 2 call-overs............	$5.00—
$10.00
22. On a Summons in Chambers, with counsel..........................................................................	$12.00
23. On a Summons in Chambers, without counsel......................................................................	$30.00
24. Telephone attendance.........................................................................................................	$5.00—
or	$8.00
if longer than 10 minutes, such amount as the taxing officer thinks fit.
25. On counsel, or, in court instructing counsel, per hour, or part thereof.....................................	$40.00
26. Any other attendance by a solicitor for which no other provision is made..............................	$8.00
or
per hour, or part thereof (in excess of one hour)....................................................................	$40.00
No allowance for such an attendance shall be made where an allowance for perusals or instructions has been admitted in respect thereof.
27. When in the opinion of the taxing officer the journey was necessary and substantial, for travelling, including time spent or lost in awaiting transport. or because of transport, or time spent awaiting the commencement or recommencement of any hearing, per hour. with a maximum for any one day of $300 (including Saturdays, Sundays and public holidays)	$40.00
With respect to the above hems 25, 25 and 27, an allowance may be made of such lesser amount as the taxing officer thinks tit having regard to the skill and experience of the solicitor concerned.
TELEX AND TELEGRAMS
28. For any telex or telegram....................................................................................................	$5.00– $10.00
VIEWS
29. Such fees shall be allowed as the taxing officer considers necessary, including allowances for travelling.
MAPS, PLANS AND MODELS
30. The taxing officer may allow such fees for maps, plans and models for use at the trial as no considers reasonable.
WITNESSES' EXPENSES
31. To bear the same rates and subject to the same conditions as the witnesses’ expenses that are, from time to time provided for under Rules of Court made under section 86 of the Judiciary Act 1903, as amended.
DISBURSEMENTS
32. 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.”.