Supreme Court (Chapter I Amendment No. 15) Rules 2000 (Vic)

Supreme Court (Chapter I Amendment No. 15)

Rules 2000

S.R. No. 120/2000

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Appendices A and B substituted	1

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ENDNOTES 13

i

STATUTORY RULES 2000

S.R. No. 120/2000

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 15)

Rules 2000

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the and expenses and allowances in Appendix B.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Commencement

These Rules come into operation on 1 January

2001.

4. Principal Rules

In these Rules, Chapter I of the Rules of the

Supreme Court1 is called the Principal Rules.

5. New Appendices A and B substituted

For Appendices A and B to the Principal Rules substitute—

Supreme Court (Chapter I Amendment No. 15) Rules 2000

S.R. No. 120/2000 r. 5

"APPENDIX A

SCALE OF COSTS

Instructions

1.     To institute or defend any originating proceeding

(including a petition) or appeal, or to make or
oppose any motion or application in the Court in its
probate jurisdiction or under the Companies

(Victoria) Code or the Corporations Law $202.00

2.     To make or oppose any interlocutory application

not otherwise provided for $48.00

3.     For statement or claim whether indorsed on writ or

third party notice or served separately, or

counterclaim $100.00

4.     For any other pleading, particulars in lieu of

pleading or amended pleading $48.00
5.	For counsel to advise or give an opinion $48.00

6.     For counsel to make an interlocutory application

where no other brief $48.00

7.     For interrogatories, answers to interrogatories, oral

examination for discovery, affidavit or other
document for filing on an interlocutory application
other than a short, formal affidavit or other

document $100.00

8.     For a necessary document not otherwise provided for, such fee as may be reasonable in the circumstances

No allowance for instructions shall be made under the above items where an allowance for the work is claimed in detail and allowed on that basis

Instead of the fees for instructions above, such larger sum may be allowed as the Taxing Master thinks reasonable in the circumstances

9.     Instructions for brief on trial of proceedings, including an assessment of damages or value or a trial before special referee, or an appeal, such allowances as the Taxing Master thinks reasonable in the circumstances

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Originating Process

10.     Writ or originating motion or summons (where

filed as originating process) $115.00

11.     If any of the above exceed three folios (when not

drawn by counsel) for each extra folio $21.00

The above allowances include all indorsements of claim, copy for filing and one copy for service and attendance to file, but not Court fees

Corporations Law Short Form Bill

11A.	Costs of obtaining a winding-up order up to and including authentication, filing and service of the order under section 470 of the Corporations Law and the obtaining from the Taxing Master of an
order as to costs $2322.00
Additional costs are allowable for any adjournment in accordance with item 34 or 35 in respect of which costs have been reserved by the Court

Interlocutory Process

12.	Summons before Judge or Master	$100.00
13.	Subpoena	$59.00
If a subpoena exceeds three folios, for each extra
folio	$7.80
These allowances include preparation of document, copy for filing and one copy for service and attendance to file

Execution Process

14.	Warrant of execution	$115.00
This allowance includes preparation of the warrant, copy for filing and one copy for service and attendance to file

Supreme Court (Chapter I Amendment No. 15) Rules 2000

S.R. No. 120/2000 r. 5

Notices and Memoranda

15.	Notice to produce or any other necessary or proper notice or memorandum not otherwise provided for, or any demand	$39.00
This allowance does not apply to a short notice or memorandum indorsed on another document, but an allowance may be made therefor as part of the allowance for the document
16.	If the notice is special, or necessarily exceeds three
folios, for each folio	$21.00
The above allowances include preparation of the notice and one copy for filing or service

Appearance

17.     Preparing and attending filing notice of appearance

(including one copy for service) $70.00

Drawing Pleadings and Other Documents

18.     (a) Pleadings, including petitions, indorsement

constituting statement of claim on writ or third

party notice, including particulars	$100.00
(b) If exceeding three folios, for each extra folio	$21.00

19.	Any other necessary document, per folio	$21.00
No allowance is to be made to a solicitor for drawing a document drawn by counsel, but a fee may be allowed for drawing matter necessary to instruct counsel
In allowing for drawing, the Taxing Master may disallow anything which is a repetition or adaptation of matter for the drawing of which allowance has otherwise been made in the proceeding. The Taxing Master may increase these allowances if in the circumstances he thinks it reasonable to do so
20.	$3.90
For preparing each exhibit

Engrossment and Copies
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21.	Engrossment of documents, per folio	$3.90
22.	(a) Copy or photocopy of document, per page	$1.40
(b) Reproduction of document from microfiche,

microfilm or like process, per page, the actual

cost or $1.40

23.     Where under the Rules or any order of the Court or

for other sufficient cause any document is printed out and it would not have been reasonable to send the original to the printer, a copy for the printer

shall be allowed, per page $1.40

24.     Where more than ten copies of the same document are required, the amount actually and properly paid to a printer (in addition to all necessary attendances on the printer), or, if reproduced by the solicitor,

the equivalent amount or such lesser amount as the Taxing Master considers fair and reasonable having regard to commercial rates for similar services,

shall be allowed

Where it is necessary to print any part of a
document in a foreign language, or as a facsimile,
or in any unusual or special manner, or where any
alteration in the document printed becomes
necessary after the first proof, such further
allowance shall be made as the Taxing Master
thinks reasonable

Perusals

25.     Of all pleadings, amendments of pleadings (which

exceed three folios), third party notices,
interrogatories, answers thereto, transcripts of
discovery by oral examination, notices, affidavits,
draft orders submitted for approval by another party, drafts of documents to be settled by an officer of the Court, orders (unless an allowance
has been made previously for perusal of a draft), opinions or advices of counsel where requested, bills of costs necessarily perused by the solicitor for

the party on whom it was served	$31.00
Or per folio	$4.40

26.     Of all other documents, including deeds,

correspondence (including incoming

correspondence), exhibits, per folio $3.30

Supreme Court (Chapter I Amendment No. 15) Rules 2000

S.R. No. 120/2000 r. 5

If the solicitor is or ought to be familiar with the
contents of the document or if it is not necessary to
read all of it carefully, the Taxing Master shall
allow such smaller amount as he thinks reasonable.
No allowance shall be made for the solicitor
perusing letters which he receives unless the
Taxing Master considers there are special
circumstances for doing so

27.     Alternatively, for examining a document or checking a proof or print or examining an appeal book

Solicitor, per quarter hour	$48.00
Clerk, per quarter hour	$29.00

Service

28.     Service of any document where necessary, and not

able to be served by post $47.00

Or such charge as is reasonable having regard to
the number of necessary attendances, the time
taken, the distance travelled and any expense
incurred

29.     Where by reason of the location of the person to be served it is proper to effect service through an agent, instead of an allowance for service—

(a) for correspondence with the agent $31.00

(b) the amount actually and reasonably charged by

the agent

Where more than one attendance is necessary to
effect service, or to ground an application for
substituted service, the Taxing Master may make
such further allowance under items 28 and 29 as he

thinks reasonable

For service out of Victoria, the Taxing Master shall
make such allowance as he thinks reasonable

30.     Service of document on a party by filing or leaving

at the office of his solicitor or other address for

service, where that mode of service is necessary $29.00

31.     Service of document on a party by post or leaving

Supreme Court (Chapter I Amendment No. 15) Rules 2000

r. 5 S.R. No. 120/2000

at document exchange	$15.00
Only one fee for service shall be allowed where two or more documents are or could have been served together

Attendances

32.     (a) On counsel with brief on trial of proceeding,

including an assessment of damages or value or

a trial before a special referee or an appeal $60.00

(b) On counsel with any other brief or papers or to

appoint consultation or conference (including

all attendances to settle counsel's fees) $39.00

33.	(a) On consultation or conference with counsel	$100.00
(b) Where a consultation or conference occupies more than one half hour, if the Taxing Master thinks it reasonable, for each subsequent half hour	$100.00
(c) If the solicitor does not attend personally, the

allowance shall be as the Taxing Master thinks

reasonable, but not exceeding, for—

the first half hour	$48.00
each half hour thereafter	$48.00

34.     On any application or attendance before a Judge, a

Master or the Taxing Master, Listing Master, or
Prothonotary, examination of a witness, discovery
by oral examination, assessment of damages or
value, trial or inquiry, trial of a proceeding or
hearing of an appeal, where in list or likely to be

heard $100.00
35.	(a) At trial or hearing, for each hour $202.00

But, according to circumstances, not to exceed
per day of six hours (including luncheon and

dinner adjournments)	$966.00
or,

Supreme Court (Chapter I Amendment No. 15) Rules 2000

S.R. No. 120/2000 r. 5

If attended by clerk	$482.00
(b) To hear reserved judgment, for each half hour	$100.00
(c) By appointment or on short or formal

application to a Judge or Master or the Taxing

Master, Listing Master or Prothonotary $100.00

36.     Where in the opinion of the Taxing Master the

attendance of two principals or of a solicitor and clerk at trial is necessary, an additional allowance may be made not exceeding per day of six hours

(including luncheon and dinner adjournments) $966.00
37.	To settle judgment or order, per half hour $100.00

38.     In addition to reasonable expenses for travel and sustenance, allowance may be made for a solicitor travelling to a place more than 50 kilometres distant from his place of residence or business where—

(a) the journey was necessary and proper for the purpose of the proceeding and what was done by the solicitor could not have been done

satisfactorily by an agent; and

(b) the solicitor was necessarily absent from his

office, and for that time no charge could
otherwise be made, and having regard to what
other allowances may be made to the solicitor in

the proceeding

Not exceeding per day	$966.00
If the journey is not undertaken solely for the purpose of the proceeding, the Taxing Master may allow a proportion of the fee as he thinks reasonable

39.     To file or lodge any document, to obtain an

appointment from an officer of the Court, or to insert an advertisement or other attendance of a similar nature capable of performance by a junior

clerk $29.00

40.     If the exercise of skill or legal knowledge is

involved so as to require the personal attendance of

the solicitor, per quarter hour $48.00

Supreme Court (Chapter I Amendment No. 15) Rules 2000

r. 5 S.R. No. 120/2000

Or, if attendance by solicitor's clerk, per quarter

hour	$29.00
Or such larger amount as the Taxing Master thinks reasonable having regard to the importance or difficulty of the subject matter of attendance

41.     Making an appointment or similar attendance by

telephone, at the discretion of the Taxing Master $11.00

42.     Arranging attendance of a witness or any

attendance for which no other provision is made,

per quarter hour $29.00

43.     Sending or receiving telex, telegram or facsimile

documents $29.00

Or such larger amount as is reasonable in the
circumstances having regard to the length

Correspondence

44.     Letter making an appointment or forwarding

document without explanation or the like $14.00
45.	Letter, ordinary $25.00
46.	Letter, special $34.00
Or such amount as the Taxing Master thinks reasonable
47.	Circular letter, after the first $9.80
For each additional page after the first page, the photocopying charge shall apply
The above allowances include the standard surface rate of postage, but, if any communication is necessarily made by telex, telegram or transmission of a facsimile, the appropriate statutory charges may be allowed as a disbursement
48.	Where any agent is employed, for correspondence $48.00
with the agent which the Taxing Master thinks to
reasonable, per quarter of the year $202.00
Or, if special or extensive, in the discretion of the Taxing Master.

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Supreme Court (Chapter I Amendment No. 15) Rules 2000

r. 5

S. R. No. 120/2000

APPENDIX B

WITNESSES' EXPENSES AND INTERPRETERS' ALLOWANCES

WITNESSES' EXPENSES

1. Professional person including	per hour or part thereof
pharmaceutical and analytical	necessarily absent from
chemists, psychologists,	professional rooms or place of
actuaries, valuers and	business (during normal hours of
accountants (carrying on	business), $132–$264, but not in
business as principals)	any event to exceed $1650 in any one day
2. Person other than a professional	$82, or such fee as is reasonable in
person who is engaged in	the circumstances but not in any
business as a principal on his	event to exceed $275 per half day
own behalf	or part thereof or $495 in any one day

3.	Any other witness	per day, $82
But if the witness is remunerated	the amount lost by the attendance,
in any employment by wages,	but not in any event to exceed
salary or fees	$275 per half day or part thereof or $495 in any one day
The Taxing Master may allow in addition any appropriate necessary expense incurred by the witness, e.g. child minding expenses

A witness attending in more than one proceeding shall be entitled to a proportionate part only of the expense of the proceeding.

The Taxing Master may allow a country witness, in addition to the above expense, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance or sustenance. For this purpose

a witness who does not reside within 50 kilometres of the place of trial or
hearing is a country witness.

Where a witness gives evidence as an expert, the Taxing Master may allow an amount reasonably and properly incurred and paid to the witness for qualifying to give that evidence.

Notwithstanding anything in the above scale, the Taxing Master may allow to an expert witness a special fee for any attendance at court not covered by the scale when the witness assists counsel or solicitors as an expert for a period

Supreme Court (Chapter I Amendment No. 15) Rules 2000

r. 5 S.R. No. 120/2000

during the trial or hearing. Nothing in the scale shall affect the existing

practice of allowing qualifying fees to witnesses.

INTERPRETERS' ALLOWANCES

1. Attending professional, scientific	$38 for each hour or part thereof
or expert witness qualifying to	but not in any event to exceed
give evidence, attending	$203 in any one day
conference with solicitor or counsel

2. Attending court for absence from place of
residence or business $137 for four
hours or less and thereafter
$38 per hour, or part thereof, but
not in any event to exceed $203 in
any one day

The Taxing Master may allow a country interpreter, in addition to the above allowances, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance and sustenance. For this

purpose, an interpreter who does not reside within 50 kilometres of the place
of trial or hearing is a country interpreter.

Notwithstanding anything in the above scale, the Taxing Master may allow an increased amount to a professional interpreter in special circumstances.".

Dated: 30 November 2000

J. H. PHILLIPS, C.J.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
BARRY BEACH, J.
F. H. R. VINCENT, J.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.

Supreme Court (Chapter I Amendment No. 15) Rules 2000

S.R. No. 120/2000 r. 5

ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.
E. W. GILLARD, J.

M. L. WARREN, J.

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Supreme Court (Chapter I Amendment No. 15) Rules 2000

Endnotes S.R. No. 120/2000

ENDNOTES

1 Rule 4: S.R. No. 19/1996. Reprint No. 2 as at 1 June 2000. Further

amended by S.R. Nos 63/2000 and 75/2000.