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

STATUTORY RULES

 

1972 No. 86

 

RULES UNDER THE NORTHERN TERRITORY SUPREME

COURT ACT 1961–1971*

 

I, WILLIAM EDWARD STANLEY FORSTER, the senior 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 1961–1971, hereby make the following Rules of Court.

Dated this 5th day of June, 1972.

Senior Judge.

  

________

  

Amendments of the Rules of the Supreme Court of the

Northern Territory of Australia 

Citation.

1. Inthese Rules, Statutory Rules 1966, No. 178, as amended by Statutory Rules 1967, No. 14, and Statutory Rules 1970, No. 268, are referred to as the Principal Rules.

Commencement.

2—(1.) These Rules shall come into operation on the twenty-fourth day of July, 1972, and shall apply to all proceedings to which the Principal Rules apply, whether instituted before, on or after that date.

(2.) These Rules shall not affect anything lawfully done before these Rules came into operation.

(3.) The amendment of the Principal Rules effected by Rule 4 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.

(4.) Notwithstanding Rule 32 of these Rules, the Second Schedule to the Principal Rules shall continue to apply to all work done before the date upon which these Rules came into operation.

3. Rule 1 of Order 4 of the Principal Rules is repealed and the following Rule inserted in its stead:—

When tobe made.

Cf. E.O. 6 r.2 (1).

“1. The indorsement of claim shall be made on every writ of summons before it is issued, and shall contain a statement sufficient to give notice of the nature of the claim and the cause thereof and of the relief or remedy required in the action, and, in case of non-compliance with this rule, the defendant may, upon entering a conditional appearance, apply to set aside or amend the writ, or for particulars.”.

____________________________________________________________________________________________________________

* Notified in the Northern Territory Government Gazette: on  1972.

  Statutory Rules 1966, No. 178, as amended by Statutory Rules 1967, No. 14 and 1970, No. 208.

13680/72—Price 20c 12/23.5.1972

4. Rule 6 of Order 4 of the Principal Rules is repealed and the following Rule inserted in its stead:—

Indorsement of notice as to stay of proceedings.

Cf. E.O. 6 r.2.

“6.—(1.) Wherever the plaintiff’s claim is for a debt or liquidated demand only, the indorsement, besides stating the nature of the claim—

(a) shall state the amount claimed for debt or in respect of such demand;

(b) shall state a specific sum as the amount claimed for costs or state that the plaintiff claims for costs such sum as may be allowed on taxation; and

(c) shall state that upon payment, within the time allowed for appearance, of the amount claimed for debt or in respect of such demand, together with the specific amount (if any) claimed for costs, further proceedings will be stayed.

“(2.) Upon payment by the defendant in compliance with such indorsement, all further proceedings in the action shall be stayed except taxation of costs pursuant to this rule and execution to recover such costs.

“(3.) If—

(a) the specific sum claimed in the writ for costs exceeds $22.00;

(b) the claim for costs in the writ is for such sum as may be allowed on taxation; or

(c) the action is for a cause that is within the jurisdiction of the Local Court,

the defendant may, notwithstanding a payment which complies with paragraph (c) of sub-rule (1.) of this Rule, have the costs taxed, and, if more than one-sixth is disallowed, the plaintiff’s solicitor shall pay the costs of taxation. Execution may issue for any amount by which the sum paid by the defendant for costs exceeds the sum allowed on taxation.

“(4.)Upon judgment in default of appearance to a writ indorsed pursuant to this rule—

(a) the plaintiff shall, subject to Order 64 Rule 3, be allowed for costs a sum not exceeding $45.00, and, in addition, the fees (if any) properly paid for service of the writ, without taxation; and

(b) a claim of more than $45.00 for costs in. addition to the fees (if any) properly paid for service of the writ shall be subject to taxation.”.

5. Rule 1 of Order 10 of the Principal Rules is repealed and the following Rule inserted in its stead:—

Acceptance of service.

Cf. E.O. 10 r.1 (2.).

“1.—(1.) Where a defendant’s solicitor indorses on the original writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on the date on which the indorsement was made.

“(2.) Where a writ is not duly served on a defendant but an unconditional appearance is entered for that defendant, the writ: shall be deemed to have been duly served on him and to have been so served on the date on which such appearance was entered.

“(3.) Where a writ is not duly served on a defendant but a conditional appearance is entered for him, and such conditional appearance becomes an unconditional appearance by virtue of these Rules, the writ shall be deemed to have been duly served on him and to have betas so served on the date on which the appearance became unconditional.”

Appearance.

6. Rule 4 of Order 20 of the Principal Rules is amended by adding at the end thereof the following sub-rule: —

“(2.) Upon entering an appearance the third party shall give notice thereof to the defendant who issued the third-party notice in the manner provided in these Rules for the giving of notice of appearance to a writ of summons.”

7. After Rule 6 of Order 20 of the Principal Rules the following rule is inserted:—

Copies for information.

“6a.—(1.) In this Rule, ‘the defendant’ means the defendant who issued the third-party notice.

“(2.) The defendant shall—

(a) upon causing the third-party notice to be served, deliver a copy thereof to every other party to the action; and

(b) upon delivering to the third party a pleading in the third-party proceedings, deliver a copy thereof to every other party in the action.

“(3.) The third party shall—

(a) upon entering an appearance, deliver a copy of the memorandum of appearance to every other party to the action: and

(b) upon delivering a pleading to the defendant, deliver a copy thereof to every other part to the action.

“(4.) Non-compliance with this Rule shall not be default in appearance or in pleading for the purposes of any other rule, but in such case the Court or a Judge may make such order as to costs as may be just.”.

Statements in pleadings.

8. Rule 4 of Order 23 of the Principal Rules is amended by omitting the words “Signature of counsel shall not be necessary, but where the pleadings have been settled by counsel they shall be signed by him, and, if not so settled, they shall be signed by the solicitor, or by the party if he sues or defends in person.”.

Probate actions.

9.Rule 2 of Order 24 of the Principal Rules is amended by adding at the end thereof the following sub-rule:—

“(2.) The last preceding sub-rule does not apply to art application to revoke probate or letters of administration.”.

10. Rule 2 of Order 27 of the Principal Rules is repealed and the following rule inserted in its stead:—

Defence to counter-claim.

“2. A defence to a counter-claim may be contained in the document containing the reply, but in such case the substance of the reply and the substance of the defence to the counter-claim shall be clearly distinguished.”.

Case of pleadings.

11. Rule 3 of Order 27 of the Principal Rules is amended by omitting sub-rule (2.).

Memorandum of close of pleadings to be filed.

12. Rule 4 of Order 27 of the Principal Rules is amended—

(a) by omitting the words “The plaintiff shall state in such memorandum whether the parties have consented to a trial on affidavit.”; and

(b) by adding at the end thereof the words:—

“If the parties have consented to a triai on affidavit, that fact shall be stated in such memorandum. If the plaintiff desires the hearing of the action to take place at Alice Springs, such memorandum shall include the words ‘Trial at Alice Springs is requested’.”.

Striking out pleadings.

13. Rule 4 of Order 29 of the Principal Rules is amended by omitting the word “cause” (second occurring) and inserting in its stead the word “case”.

Defendant may answer without leave within time limited.

14. Rule 3 of Order 32 of the Principal Rules is amended by omitting the words “set-off or” (wherever occurring).

15. Rule 8 of Order 32 of the Principal Rules is repealed and the following rule inserted in its stead:—

Mode of amendment.

“8.—(1.) Subject to the next, succeeding sub-rule, amendment of an indorsement or pleading shall be effected—

(a) by delivery of an amended copy of the document; or

(b) if the amendments require the insertion, of less than 145 words in any one place, and are not so numerous, or of such a nature, that the making of them in writing would lender the document difficult or inconvenient to read—by written alteration in the copy which has been delivered, and by additions on paper to be interleaved therewith if necessary.

“(2.) Where an amendment of art indorsement or pleading is made after a plaintiff has complied with Rule 6 of Order 38, the amendment shall be effected by written alteration of the documents delivered under that Rule, or by delivery of amended documents, as a Judge or the Master may require.”.

Discovery by interrogations.

16.Rule 1 of Order 34 of the Principal Rules is amended by omitting the word “than” and inserting in its stead the word “that”.

Mode of entry of trial.

17. Rule 1 of Order 38 of the Principal Rules is amended—

(a) by inserting after paragraph (a) of sub-rule (1.) the following paragraph:—

“(aa) a memorandum of entry under Order 37, Rule 6, has been delivered;” and

(b) by omitting from sub-rule (2.) the words “,except in cases under Order 14, Rule 5,”.

18. Rule 4 of Order 38 of the Principal Rules is repealed, and the following Rule is inserted in its stead:—

Place of trial.

“4.—(1.) Entry for trial shall be deemed to be for Darwin unless—

(a) the memorandum of entry under Order 37, Rule 6;

(b) the memorandum of the close of the pleadings;

(c) the issue under Order 37, Rule 9; or

(d) a praecipe filed by the plaintiff at the time of entry of interlocutory judgment, or, in the case of trial on affidavit, before the time for closing the evidence has expired,

(as the case may be) contains a request for trial at Alice Springs or the Court or a Judge has ordered that trial shall be elsewhere.

“(2.) The Court or a Judge may at any time order that any hearing or part thereof shall take place elsewhere than at Darwin.”.

19. Rule 5 of Order 38 of the Principal Rules is repealed and the following Rule inserted in its stead:—

Time of trial.

“5.—(1.) Entry for trial at. Darwin shall not operate as for any particular sittings, but shall be deemed to be for any day on which the action may come on for trial in its order upon the list.

“(2.) Entry for trial at a place other than Darwin shall be deemed to be for the next sitting of the Court at such place.”.

Forms of originating summons.

20. Rule 2 of Order 56 of the Principal Rules is amended by omitting the word and figures “Form 68” and inserting in their stead the words and figures “Form 68, Form 68a or Form 68b”.

21. Rule 4 of Order 56of the Principal Rules is repealed, and the following Rule is inserted in its stead:—

Appearances to be entered.

“4. A party served with an originating summons which requires an appearance. shall, before he is heard in chambers, enter an appearance in the office of the Master and give notice thereof in the manner provided in these Rules for the giving of notice of appearance to a writ of summons.”.

Form of summons.

22. Rule 12 of Order 56 of the Principal Rules is amended by omitting the words “A summons other than an originating summons” and inserting in their stead the words “An interlocutory summons”.

23. Rule 13 of Order 56of the Principal Rules is repealed and the following rule is inserted in its stead:—

Interlocutory summons.

“13. An interlocutory summons shall be prepared by the applicant or his solicitor, and shall be sealed, and when so sealed shall be deemed to be issued. The person obtaining the summons shall file a copy thereof.”.

Form of order.

24. Rule 15 of Order 56 of the Principal Rules is amended by adding at the end thereof the words “or the Master”.

Costs where cause is within jurisdiction of Local Court.

25. Rule 3 of Order 64 of the Principal Rules is amended by omitting the word “it” (first occurring; and inserting in its stead the word “is”.

Documents to be inwriting.

26. Rule 1 of Order 65 of the Principal Rules is amended by omitting the words “folio foolscap paper,” and inserting in their stead the words “paper of the size known as International Paper Size A4, that is to say, measuring approximately 11½ inches by 8¼ inches, of good and durable quality and capable of receiving ink writing,”.

Form 2.

27. Form 2 in the First Schedule to the Principal Rules is amended—

(a) by omitting the word “(Signed)” (first occurring); and

(b) by omitting the words “If the amount claimed” and inserting in their stead the words “If the amount of $ [insert the amount of the claim for debt or of the demand; if a specific sum is claimed for costs, insert also ‘together with the amount of $  ‘]”.

Form 4.

28. Form 4 in the First Schedule to the Principal Rules is amended—

(a) by omitting the word “(Signed)”; and

(b) by omitting the words “If the amount claimed” and. inserting in their stead the words “If the amount of $ (insert the amount of the claim for debt or of the demand; if a specific sum is claimed for costs, insert also ‘ together with the amount of $ ’)”.

Form 63.

29. Form 68 in the First Schedule to the Principal Rules is amended by omitting the words—

“GENERAL FORM OF ORIGINATING SUMMONS

[Heading as in Form 1]

 

[If the question to be determined arises in the administration of an estate or a trust entitle it also in the matter of the estate or trust.]”

 

and inserting in their stead the words—

“ORIGINATING SUMMONS INTER PARTES.

IN THE SUPREME COURT

OF THE NORTHERN TERRITORY

OF AUSTRALIA.

No. of 19 .

IN THE MATTER of

and

IN THE MATTER of

[If any special statutory jurisdiction is relied on reference should be made to the statute.]

BETWEEN

A.B.

Plaintiff.

and

C.D.

Defendant”.

Forms 68a and 68s.

30. After Form 68 in the First Schedule to the Principal Rules the following forms are inserted:—

Form No. 68a 0.56 r.2

ORIGINATING SUMMONS TO WHICH AN APPEARANCE IS NOT REQUIRED

[Heading as in Form 68, omitting mention of parties]

Let of  attend the Judge in

Chambers at on the

day of , 19 , at o’clock in the noon on the

hearing of an application on the part of of

for [state the relief required].

Dated the

This summons was taken out by , solicitors for the above- named , whose address for service is .

Note: It will not be necessary for you to enter an appearance to this summons, but if you do not attend either in person or by your solicitor at the time and place abovementioned, such order will be made and proceedings taken as the Judge may think just and expedient.

Form No. 68B. 0.56 r.2

EX PARTE ORIGINATING SUMMONS

[Heading as in Form 68a]

Let all parties concerned attend the Judge in Chambers at 

on the day of , 19 ,

at o’clock in the noon on the hearing of an application on the

part of of for [state the relief required].

This summons was taken out by

 

Form 69.

31. Form 69 in the First Schedule to the Principal Rules is amended by omitting the words—

“SUMMONS (GENERAL FORM).”

and inserting in their stead the words—

“INTERLOCUTORY SUMMONS.”.

Second Schedule.

32. The Second Schedule to the Principal Rules is repealed and the following Schedule inserted in its stead:—

SECOND SCHEDULE 0.64 r. 8.

PRACTITIONERS’ COSTS.

WRITS

$
1. Originating process including attendance to issue...................................................................	7.00
2. Endorsement of claim (if special)..........................................................................................	3.50
3. Where more than three folios, for every extra folio.................................................................	0.65
4. Concurrent writ of summons or renewal of writ of Sommons..................................................	2.50
5. Writ of mandamus................................................................................................................	7.00
6. Writ of Subpoena duces tecum..............................................................................................	4.00
7. Writ of Subpoena ad testificandum, for any number of persons................................................	4.00
8. Writ of fieri facias or of possession, including praecipe and attending to issue and to lodge with Sheriff, but not including Sheriff’s fees.........................................................................................................................................	8.00
9. Writ of execution or other writ to enforce a judgment or order.................................................	8.00
10. Procuring a writ of execution or notice to the Sheriff marked with a seal of renewal.................	2.50
11. Notice thereof to serve on the sheriff, and service...................................................................	2.50
12. Any other writ not specified above........................................................................................	7.00
13. Where any of the above writs (except writs of summons) exceed four folios, for each extra folio	0.65
These costs include all endorsements, and copies or praecipes for the officers sealing them, and attendances to issue or seal, but not the Court fees...........................................................................................................................
SUMMONSES AND WARRANTS
14. Summons to attend at Judge’s Chambers, including attendance to issue...................................	3.50
or
If special, at taxing officer’s discretion, not exceeding.............................................................	7.00
15. Originating summons for proceedings in Chambers (including drawing, engrossing, and a copy to file and attendance to issue)	8.00
or
At taxing officer’s discretion..................................................................................................
16. An allowance is not to be made for praecipes unless special and exceeding three folios............
SERVICES AND NOTICES
17. Personal service of any process or proceeding where necessary...............................................	5.00
or
If served at a distance of more than three miles from the nearest place of business or office of the solicitor serving the same according to the time occupied, per hour.................................................................................................	10.00
18. Where, in consequence of the distance of the party to be served, it is proper to effect service through an agent or correspondent...........................................................................................................................................	4.00
In addition, correspondent’s charges.......................................................................................	8.00
or
The amount actually and reasonably charged by and paid to the person serving.........................
19. When more than one attendance is necessary to effect service, or to ground an application for substituted service, such further allowance may be made as the taxing officer thinks fit..........................................................................

Second Schedule—continued

Practitioners’ Costs—continued

Services and Notices—continued

$

20. The amount to be allowed as fees properly paid for service of a writ, or any other document which requires personal service, shall be as follows:—

(a) If served by the nearest Sheriffs officer, the amount properly paid to the Sheriff;........
(b) If served by any officer of any Court in another State, the amount properly paid to such Court.
(c) When served by any other person than provided under item 17 to 24, discretionary, but not exceeding the amounts payable under those items....................................................................................................
21. For service out of the jurisdiction, such allowance is to be made as the taxing officer thinks fit.
22. Where service by post is authorized.......................................................................................	2.50
23. Where service is at the office of a solicitor on the record or at the address for service of a party	2.50
When any two or more documents have to be, or may be, served together, one fee only for such service may be allowed.
24. The service under items 17 to 23 includes attendance as to service end for swearing the affidavit of service.
ALLOWANCES FOR COPIES, NOTICES, ETC.
25. Copy writ for service............................................................................................................	0.65
or
Per folio, excluding printed matter..........................................................................................	0.20
26. Preparing notice to produce on the hearing of any cause or matter, or notice to admit, including copy for service, not exceeding three folios, excluding printed matter...........................................................................................	3.50
27. For each additional folio beyond three folios, excluding printed matter....................................	0.65
28. Notice of originating motion.................................................................................................	3.50
29. Notice of interlocutory motion including copy for service.......................................................	3.50
or
Per folio................................................................................................................................	0.65
30. Notice of rar appointment before an officer of the Court, including copy and service when that notice is necessary	3.00
31. Preparing any necessary or proper notice, application or certificate not otherwise provided for, including copy for service	3.00
or
If special and necessarily exceeding three folios, in addition, for each folio beyond three folios.	0.65
32. When special, for each copy for service, for each folio beyond three folios..............................	0.25
33. Copy interrogatories, petitions and orders, with necessary notices (if any) to accompany, for service, per folio	0.25
34. Except as otherwise provided, the allowance for service includes the copy for service..............
35. Where notice of filing an. affidavit is required, only one notice is to be allowed for a set of affidavits filed together, or which, in the opinion of the taxing officer, ought to have been filed together..............................................
36. When an appointment is or ought to be adjourned, service of a notice of the adjournment or next appointment is not to be allowed as a matter of course..................................................................................................................
APPEARANCES.
37. Preparing and entering an appearance or notice of address......................................................	4.00
38. If entered at one time, for more than one defendant, fur each defendant beyond the first............	0.50
39. If not entered at the one time, an additional allowance shall not be made unless, in the opinion of the taxing officer, it was not practicable to enter the appearance at the one time.................................................................................
40. If a person appealing to a writ of summons to recover land limits his defence by his memorandum of appearance, in addition to the above.................................................................................................................................	1.50
41. Sealed copy appearance for service........................................................................................	0.65

Second SCHEDULE—continued

Practitioners’ Costs—continued

INSTRUCTIONS.

$
42. To sue or defend...................................................................................................................	12.00
43. For statement of claim or petition..........................................................................................	12.00
or
Such amount as the taxing officer thinks fit.............................................................................
44. For special case....................................................................................................................	12.00
or
Such amount as the taxing officer thinks fit.............................................................................
45. For defence, further defence, plea or answer...........................................................................	10.00
or
Such amount as the taxing officer thinks fit.............................................................................
46. For counter-claim.................................................................................................................	10.00
or
Such amount as the taxing officer thinks fit.............................................................................
47. For reply, when defendant sets up a counter claim..................................................................	8.00
or
Such amount as the taxing officer thinks fit.............................................................................
48. For reply or further reply in any other case, with or without joinder of issue.............................	4.00
or
Such amount as the taxing officer thinks fit.............................................................................
49. For special petition, any other pleading (not being a summons or notice of motion), and interrogatories for examination of a party or witness...............................................................................................................................	8.00
or
Such amount as the taxing officer thinks fit.............................................................................
50. For statement of facts in an action or for particulars of breaches, or objections, in an action for infringement of a patent, such fee may be allowed as the taxing officer thinks fit, having regard to all the circumstances of the case...
51. To amend a pleading.............................................................................................................	3.50
or
Such amount as the taxing officer thinks fit.............................................................................
52. For affidavit in answer to interrogatories and other special affidavits.......................................	6.00
or
Such amount as the taxing officer thinks fit.............................................................................
53. For documents to be brought into the Master’s office, such as accounts, deeds,........................	3.50
or
Such amount as the taxing officer thinks fit.............................................................................
54. 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...........................................................................................................................	10.00
or
Such amount as the taxing officer thinks fit.............................................................................
55. To appeal against an order of a court......................................................................................	8.00
or
Such amount as the taxing officer thinks fit.............................................................................
56. To add parties by order of the Court or a Judge.......................................................................	4.00
57. For counsel to advise on evidence when the evidence-in-chief is to be taken orally...................	7.00
or
Such amount as the taxing officer thinks fit.............................................................................
58. For bond or any other deed....................................................................................................	4.00
59. To retain counsel, including preparation of retainer.................................................................	5.00
60. For brief on application in Chambers.....................................................................................	7.00
or
Such amount as the taxing officer thinks fit.............................................................................
61. 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.................................
62. An allowance in the nature of instructions for brief may be allowed to a solicitor when he conducts the cause or matter himself...........................................................................................................................................

Second Schedule—continued

Practitioners’ Costs—continued

DRAWING PLEADINGS AND OTHER DOCUMENTS.

$
63. Statement of claim or petition................................................................................................	6.00
or
Per folio................................................................................................................................	0.65
64. Defence, plea or answer........................................................................................................	6.00
or
Per folio................................................................................................................................	0.65
65. Counter-claim......................................................................................................................	7.00
or
Per folio................................................................................................................................	0.65
66. Reply with or without joinder of issue, stud any pleading (not being a petition or summons) or amendments of any pleading	4.00
or
Per folio................................................................................................................................	0.65
67. Particulars, breaches and objections, when required................................................................	3.50
or
Such amount as the taxing officer thinks fit, not exceeding per folio.........................................	0.65
68. Special case, whether original or in an action, affidavits in answer to interrogatories and other affidavits, per folio	0.65
69. Affidavits verifying pleadings, applications or other documents, such allowances as the taxing officer thinks fit.
70. Briefs, including necessary and proper observations, per folio.................................................	0.65
71. Brief to hear reserved judgment, including copy (not allowed in Chamber applications)............	3.50
72. Accounts, statements, deeds or other documents when required, not exceeding per folio...........	0.65
73. Advertisements to be signed by an officer of the Court or a Judge, including attendance therefor	4.00
or
Per folio................................................................................................................................	0.65
74. Bill of costs for taxation, including copy for taxing officer, per folio........................................	0.65
75. Not more than one affidavit. of increase is to be allowed unless, in the opinion of the taxing officer, more than one affidavit is necessary...........................................................................................................................................
76. Endorsement of fiat on petition or copy thereof, or of citation on statement of claim.................	3.00
77. Preparing certificate of non-appearance, or as to funds, including copy for signature................	1.00
or
Per folio................................................................................................................................	0.65
78. Affidavit of service of any writ or other documents, including copy, where, in the opinion of the taxing officer, such affidavit is required..........................................................................................................................................	4.00
79. Marking each annexure or exhibit to an affidavit....................................................................	0.50
80. Any oilier document not specially provided for, per folio........................................................	0.65
COPIES.
81. Of pleadings, briefs and other documents, where no other provision is made, per folio..............	0.25
82. If copy is attested, per folio...................................................................................................	0.25
83. Close copies are not to be allowed as of course, but the allowances shall depend upon the propriety of making or sending the copies, which in each case are to be shown to, and considered by, the taxing officer...........................
84. Carbon or machine made copies, per folio..............................................................................	0.15
85. Photocopies per page............................................................................................................	0.25
86. Inserting amendments in written copies when made under order of the Court or a Judge...........	1.50
or
Per folio................................................................................................................................	0.65
87. For completing and fining in printed forms, except as otherwise provided, such allowance as the taxing officer thinks reasonable...........................................................................................................................................
88. An allowance shall not be made for letterpress copies, or for carbon, copies which are not clear and legible.

Second Schedule—continued

Practitioners’ Costs—continued

PERUSALS.

$
89. Of statement of claim, plea, petition, answer, defence, reply of other similar pleading, or of a notice of motion, by the solicitor of the party to whom the same is delivery......................................................................................	2.75
or
Per folio................................................................................................................................	0.30
90. Of amendments of such a pleading in writing, per folio of amendment.....................................	0.30
91. Of interrogatories to be answered by a party or his solicitor.....................................................	2.75
or
Per folio................................................................................................................................	0.30
92. Of special case, particulars and objections, or statement of fact by the solicitor of party, except the one by whom it was prepared...........................................................................................................................................	2.75
or
Per folio................................................................................................................................	0.30
93. Of copy order to add parties..................................................................................................	2.00
94. Of notice to produce on trial or hearing of action and notice to admit, by the solicitor of the party served	2.75
or
If to admit facts, per folio......................................................................................................	0.50
95. Of affidavit in answer to interrogatories, by the solicitor of the party interrogating, of affidavit or list of documents, and of other special affidavits by the solicitor of the party against whom the same are to be read, per folio.............	0.30
96. Of deeds, accounts or any other document where no other provision is made, per folio.............	0.30
97. Of exhibits or annexures to affidavits or other documents, evidence taken on commission or de bene esse, such allowance as the taxing officer thinks fit, not exceeding per folio..............................................................................	0.30
ATTENDANCES.
98. To obtain consent of nextfriend to sue in his name, or of a guardian ad litem...........................	3.00
93. To inspect, or produce for inspection, documents pursuant to a notice to admit.........................	5.50
or
Per hour................................................................................................................................	10.00
100. To examine and sign admissions..........................................................................................	4.00
or
Per folio	0.65
101. To inspect, or produce for inspection, documents referred to in any pleading, notice in lieu of pleading, or affidavit	3.00
or
Per hour................................................................................................................................	10.00
102. To obtain or give any necessary or proper consent or undertaking..........................................	3.00
103. To obtain an appointment to examine witnesses....................................................................	3.00
104. On examination of witnesses before art officer of the Court or other person, with counsel.......	10.00
105. Where the examination takes more than an hour, for each hour after the first. hour, at the discretion of the taxing officer, but not to exceed per hour..................................................................................................................	10.00
106. On examination of witnesses before an officer of the Court or other person, without counsel...	15.00
107. Where the examination takes more than an hour, for each hour after the first hour, at the discretion of the taxing officer, but not to exceed per hour..................................................................................................................	15.00
108. Where the examination is more than two miles from the place of business of the solicitor, then such additional allowance may be made as the taxing officer thinks reasonable..................................................................................
109. On deponent being sworn to a statement of defence or affidavit or by a solicitor or his clerk to be sworn to an affidavit	3.00
110. On a summons in Chambers if matter heard with counsel in less than one hour.......................	6.00
or
One hour and any succeeding hour or part thereof...................................................................	10.00
111. If matter in list but not heard...............................................................................................

6.00

Second Schedule—continued

Practitioners’ Costs—continued

Attendances—continued

$
12. On a summons in Chambers if matters heard without counsel..................................................	10.00
or
Per hour or part thereof..........................................................................................................	15.00
13. To file Master’s or taxing officer’s certificate and get copy marked as an office copy...............	2.00
14. On counsel with brief, or other papers....................................................................................	6.00
15. On counsel to mark refresher or to appoint conference or consultation.....................................	2.50
16. On consultation or conference with counsel or with solicitor or other party such amount as the taxing officer thinks reasonable.
17. To enter or set down cause, special case or appeal for hearing or trial......................................	2.00
118. In court on hearing of motion, originating summons, special case, petition, appeal or any other hearing where no witnesses are examined, per hour.............................................................................................................	12.00
or
Not to exceed, per day...........................................................................................................	60.00
119. If heard without counsel, such allowance as the taxing officer thinks reasonable.....................
120. On hearing or trial of any cause or matter or issue of facts in the city or town, where the solicitor resides or carries on business, when witnesses are examined, per hour.........................................................................................	12.00
or
Not to exceed per day............................................................................................................	60.00
121. If heard without counsel, such allowance as the taxing officer thinks reasonable.....................
122. When in the opinion of the taxing officer it is necessary for two principals or for a solicitor and managing clerk to attend the trial an additional allowance may be made per day of.......................................................................	35.00
123. Clerk’s attendance, if witnesses are examined or cross-examined, per day..............................	15.00
124. Where, in the opinion of the taxing officer, it is necessary for a solicitor to leave the city or town where he resides or carries on business and to journey to another place, an allowance may be made for each day (other than a Sunday) that he is necessarily absent, not exceeding...........................................................................................................................	60.00
or
If a clerk attends in place of his principal, a similar daily allowance may be made, not exceeding	30.00
125. In addition to the allowance under the last preceding item, the expenses for maintenance of the solicitor (in addition to actual reasonable fares or payment for transport or conveyance) for each day, including Sundays, such amount as the taxing officer thinks fit.
or
If a clerk attends in place of his principal, such amount as the taxing officer thinks fit...............
In all such cases, the taxing officer must be satisfied that the purpose of the journey could not have been satisfactorily accomplished by an agent..............................................................................................................................
126. If asolicitor has to attend on more than one trial or hearing at the same time and place, for each day of hearing in each case, not exceeding...........................................................................................................................	50.00
or
If clerk attends on more than one trial in place of principal, in each case for each day................	30.00
The expenses in those cases shall be rate-ably divided.............................................................
127. An allowance for maintenance shall not be made where the cost of transport includes the supply of meals.
128. The allowance for a day which is occupied in travelling shall not exceed two-thirds of the above amounts. For the purpose of items 125 to 127 (inclusive), a day means a period of twenty-four hours.........................................
129. To hear reserved judgment..................................................................................................	6.00
or
Not to exceed per hour...........................................................................................................	10.00
130. To deliver papers (when required) for the use of the Judge....................................................	3.50
131. On taxation of a bill of costs................................................................................................	6.00
or
Per hour................................................................................................................................	10.00
132. To obtain signature of the Master to an order made in Chambers, or to obtain signature and seat to an order made by the Court..........................................................................................................................................	3.00

Second Schedule—continued

practitioners’ Costs—continued

Attendances—continued

$
133. To file, lodge or deliver a document or other papers (including filing in lieu of service, but not other services), to obtain an appointment from an officer of the Court, to insert advertisements, or other attendance of a similar nature capable of performance by a junior clerk...........................................................................................................................................	1.50
134. To search whether appearance or any document is filed........................................................	2.00
135. To bespeak and for copy of jury panel, or any other document necessarily ordered from an officer of the Court	2.50
136. Before the Master or other officer of the Cour; to settle minutes of judgment or order or the like or so identify medical inspector before oath is taken.......................................................................................................................	6.00
If clerk attends, such amounts as the taxing officer considers reasonable...................................
137. If the attendance is one requiring the personal attendance of the solicitor or his managing clerk and involving the exercise of skill or legal knowledge, per hour...................................................................................................	12.00
or
Such larger amount as the taxing officer thinks reasonable, having regard to the importance or difficulty of the subject-matter of the attendance..........................................................................................................................
138. Any attendance for which no other provision is made............................................................	3.00
or
Such amount as the taxing officer thinks reasonable................................................................
LETTERS.
139. Any ordinary letter (including letters between principal and agent)........................................	2.00
140. Special letter, in the discretion of the taxing officer (including letters between principal and agent).
141. Circular letters, after the first...............................................................................................	0.60
VIEWS BY JURY.
142. Such fees shall be allowed as the taxing officer considers necessary, including all fees paid for travelling.
MAPS, PLANS AND MODELS.
143. The taxing officer may allow such fees for maps, plans and models for use at the trial and hearing as he considers reasonable.
WITNESSES’ EXPENSES.
144. To be at the same rates and subject to the satire conditions as the witnesses’ expanses that are, from time to time provided for under Rules of Court made under section 86 of the Judiciary Act 1903–1969.
DISBURSEMENTS.
145. 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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