Supreme Court (Chapter I Amendment No. 19) Rules 2001 (Vic)

Supreme Court (Chapter I Amendment No. 19)

Rules 2001

S.R. No. 130/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Appendix A substituted	1
APPENDIX A—Scale of costs	2

═══════════════

ENDNOTES 13

i

STATUTORY RULES 2001

S.R. No. 130/2001

Supreme Court Act 1986

Supreme Court (Chapter I Amendment No. 19)

Rules 2001

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the

Principal Rules to increase costs in Appendix A.

2. Authorising provisions

These Rules are made under section 25 of the powers.

3. Commencement

These Rules come into operation on 1 January

2002.

4. Principal Rules

In these Rules, the Supreme Court (General Civil
Procedure) Rules 1996 are called the Principal

Rules1.

5. New Appendix A substituted

For Appendix A to the Principal Rules substitute—

Supreme Court (Chapter I Amendment No. 19) Rules 2001

S.R. No. 130/2001 r. 5

"APPENDIX A

SCALE OF COSTS

Instructions

1.     To institute or defend any proceeding or

appeal $210.00

2.     To make or oppose any interlocutory

application $50.00

3.     For statement or claim whether indorsed

on writ or third party notice or served

separately, or counterclaim $104.00

4.     For any other pleading, particulars in lieu

of pleading or amended pleading $50.00
5.	For counsel to advise or give an opinion $50.00

6.     For counsel to make an interlocutory

application where no other brief $50.00

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 $104.00

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

Supreme Court (Chapter I Amendment No. 19) Rules 2001

r. 5 S.R. No. 130/2001

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

Originating Process

10.     Writ or originating motion or summons

(where filed as originating process) $120.00
11.	If any of the above exceed three folios (when not drawn by counsel) for each extra folio $22.00
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 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 Act and the obtaining from the Taxing Master of an order as to costs $2413.00
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	$104.00
13.	Subpoena	$61.00
If a subpoena exceeds three folios, for
each extra folio	$8.10
These allowances include preparation of document, copy for filing and one copy for service and attendance to file

Execution Process

14. Warrant of execution $120.00

Supreme Court (Chapter I Amendment No. 19) Rules 2001

S.R. No. 130/2001 r. 5

This allowance includes preparation of
the warrant, copy for filing and one copy

for service and attendance to file

Notices and Memoranda

15.     Notice to produce or any other necessary

or proper notice or memorandum not

otherwise provided for, or any demand $41.00

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 $22.00

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) $73.00

Drawing Pleadings and Other

Documents

18.     (a) Pleadings, including petitions,

indorsement constituting statement of
claim on writ or third party notice,

including particulars $104.00

(b) If exceeding three folios, for each

extra folio $22.00

19.	Any other necessary document, per folio	$22.00
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

Supreme Court (Chapter I Amendment No. 19) Rules 2001

r. 5 S.R. No. 130/2001

drawing of which allowance has allowances if in the circumstances he thinks it reasonable to do so

otherwise been made in the proceeding.

20. For preparing each exhibit $4.10

Engrossment and Copies

21.	Engrossment of documents, per folio	$4.10
22.	(a) Copy or photocopy of document, per

page $1.50

(b) Reproduction of document from

microfiche, microfilm or like process,

per page, the actual cost or $1.50

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 $1.50

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 third party notices, interrogatories,

Supreme Court (Chapter I Amendment No. 19) Rules 2001

S.R. No. 130/2001 r. 5

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	$32.00
Or per folio	$4.60

26.     Of all other documents, including deeds,

correspondence (including incoming

correspondence), exhibits, per folio $3.40

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	$50.00
Clerk, per quarter hour	$30.00

Service

28.     Service of any document where

necessary, and not able to be served by

post $49.00

Or such charge as is reasonable having

Supreme Court (Chapter I Amendment No. 19) Rules 2001

r. 5 S.R. No. 130/2001

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 $32.00

(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 $30.00

31.     Service of document on a party by post

or leaving at document exchange $16.00

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 $62.00

(b) On counsel with any other brief or

Supreme Court (Chapter I Amendment No. 19) Rules 2001

S.R. No. 130/2001 r. 5 r. 5

papers or to appoint consultation or
conference (including all attendances

to settle counsel's fees) $41.00

33.     (a) On consultation or conference with

counsel $104.00

(b) Where a consultation or conference occupies more than one half hour, if the Taxing Master thinks it

reasonable, for each subsequent half

hour $104.00

(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	$50.00
each half hour thereafter	$50.00

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 $104.00
35.	(a) At trial or hearing, for each hour $210.00

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

adjournments)	$1004.00
or,
If attended by clerk	$501.00

(b) To hear reserved judgment, for each

half hour $104.00

(c) By appointment or on short or formal

application to a Judge or Master or
the Taxing Master, Listing Master or

Prothonotary $104.00

36.     Where in the opinion of the Taxing

Supreme Court (Chapter I Amendment No. 19) Rules 2001

S.R. No. 130/2001

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) $1004.00

37.     To settle judgment or order, per half hour

$104.00

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	$1004.00
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 $30.00

40.     If the exercise of skill or legal knowledge is involved so as to require the personal attendance of the solicitor, per quarter

Supreme Court (Chapter I Amendment No. 19) Rules 2001

S.R. No. 130/2001 r. 5

hour	$50.00
Or, if attendance by solicitor's clerk, per
quarter hour	$30.00
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 $30.00

43.     Sending or receiving telex, telegram or

facsimile documents $30.00

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 $15.00
45.	Letter, ordinary $26.00
46.	Letter, special $35.00
Or such amount as the Taxing Master thinks reasonable
47.	Circular letter, after the first $10.00
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

Supreme Court (Chapter I Amendment No. 19) Rules 2001

r. 5 S.R. No. 130/2001

facsimile, the appropriate statutory
charges may be allowed as a
disbursement

48.     Where any agent is employed, for

correspondence with the agent which the $50.00

Taxing Master thinks reasonable, per to

quarter of the year $210.00

Or, if special or extensive, in the discretion of the Taxing Master.".

Dated: 29 November 2001

J. H. PHILLIPS, C.J.
JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
BERNARD G. TEAGUE, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
H. R. HANSEN, J.
ROSEMARY BALMFORD, J.
E. W. GILLARD, J.
MURRAY B. KELLAM, J.
M. L. WARREN, J.

Supreme Court (Chapter I Amendment No. 19) Rules 2001

S.R. No. 130/2001 r. 5

D. J. HABERSBERGER, J.

TONY PAGONE, J.

═══════════════

Supreme Court (Chapter I Amendment No. 19) Rules 2001

Endnotes S.R. No. 130/2001

ENDNOTES

1 S.R. No. 19/1996. Reprint No. 3 as at 12 July 2001. Subsequently

amended by S.R. No. 111/2001.