Supreme Court (Chapter I Amendment No. 22) Rules 2002 (Vic)
Supreme Court (Chapter I Amendment No. 22)
Rules 2002
S.R. No. 121/2002
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Costs consequences of failure to accept offer 1 6. Substitution of Appendix A 2 7. Amendments to Appendix B 11
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ENDNOTES 13
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STATUTORY RULES 2002
S.R. No. 121/2002
Supreme Court Act 1986
Supreme Court (Chapter I Amendment No. 22)
Rules 2002
The Judges of the Supreme Court make the following Rules:
1. Object
The object of these Rules is to make miscellaneous amendments to the Principal Rules.
2. Authorising provisions
These Rules are made under section 25 of the powers.
3. Commencement
These Rules come into operation on 1 January
2003.
4. Principal Rules
In these Rules, the Supreme Court (General Civil
Procedure) Rules 19961 are called the PrincipalRules.
5. Costs consequences of failure to accept offer
In Rule 26.08(2) of the Principal Rules, for "on a solicitor and client basis" (where twice occurring) substitute "on an indemnity basis".
Supreme Court (Chapter I Amendment No. 22) Rules 2002
S.R. No. 121/2002 r. 6 6. Substitution of Appendix A
For Appendix A to the Principal Rules substitute—
"APPENDIX A
SCALE OF COSTS
Instructions
1. To institute or defend any proceeding or
appeal $217.00 2. To make or oppose any interlocutory
application $52.00 3. For statement of claim whether indorsed
on writ or third party notice or served
separately, or counterclaim $107.00 4. For any other pleading, particulars in lieu
of pleading or amended pleading $52.00 5.
For counsel to advise or give an opinion $52.00 6. For counsel to make an interlocutory
application where no other brief $52.00 7. For witness statements, summaries of
evidence or like documents,
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 $107.00 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
Supreme Court (Chapter I Amendment No. 22) Rules 2002
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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
Originating Process
10. Writ or originating motion or summons
(where filed as originating process) $124.00 11.
If any of the above exceed three folios (when not drawn by counsel) for each extra folio $23.00 The above allowances include all
indorsements of claim, copy for filing
and one copy for service and attendance
to file, but not Court feesCorporations 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
$2490.00
Additional costs are allowable for any
adjournment in accordance with item 34
or 35 in respect of which costs have been
reserved by the CourtInterlocutory Process
12. Summons before Judge or Master $107.00 13. Subpoena $63.00 If a subpoena exceeds three folios, for each extra folio $8.40 These allowances include preparation of document, copy for filing and one copy for service and attendance to file
Supreme Court (Chapter I Amendment No. 22) Rules 2002
S.R. No. 121/2002 r. 6 Execution Process
14. Warrant of execution $124.00 This allowance includes preparation of
the warrant, copy for filing and one copy
for service and attendance to fileNotices and Memoranda
15. Notice to produce or any other necessary
or proper notice or memorandum not
otherwise provided for, or any demand $42.00 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 document16. If the notice is special, or necessarily
exceeds three folios, for each folio $23.00 The above allowances include
preparation of the notice and one copy
for filing or serviceAppearance
17. Preparing and attending filing notice of
appearance (including one copy for
service) $75.00 Drawing Pleadings and Other
Documents
18. (a) Pleadings, including petitions,
indorsement constituting statement of
claim on writ or third party notice,
including particulars $107.00 (b) If exceeding three folios, for each
extra folio $23.00
Supreme Court (Chapter I Amendment No. 22) Rules 2002
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19. Any other necessary document, per folio $23.00 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
counselIn 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 so20. For preparing each exhibit $4.20 Engrossment and Copies
21. Engrossment of documents, per folio $4.20 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
Supreme Court (Chapter I Amendment No. 22) Rules 2002
S.R. No. 121/2002 r. 6 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 TaxingMaster thinks reasonable
Perusals
25. Of all pleadings, amendments of
pleadings (which exceed three folios),
applications by summons, notice or
otherwise, 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 $33.00 Or per folio $4.70 26. Of all other documents, including deeds,
correspondence (including incoming
correspondence), exhibits, per folio $3.50 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
Supreme Court (Chapter I Amendment No. 22) Rules 2002
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27. Alternatively, for examining a document or checking a proof or print or examining an appeal book
Solicitor, per quarter hour $52.00 Clerk, per quarter hour $31.00 Service
28. Service of any document where
necessary, and not able to be served by
post $51.00 Or such charge as is reasonable having
regard to the number of necessary
attendances, the time taken, the distance
travelled and any expense incurred29. 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 $33.00 (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 hethinks reasonable
For service out of Victoria, the Taxing
Master shall make such allowance as he
thinks reasonable30. 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 $31.00 31. Service of document on a party by post
or leaving at document exchange $17.00 Only one fee for service shall be allowed
where two or more documents are or
could have been served together
Supreme Court (Chapter I Amendment No. 22) Rules 2002
S.R. No. 121/2002 r. 6 r. 6 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 $64.00 (b) On counsel with any other brief or papers or to appoint consultation or conference (including all attendances
to settle counsel's fees) $42.00 33. (a) On consultation or conference with
counsel $107.00 (b) Where a consultation or conference occupies more than one half hour, if the Taxing Master thinks it
reasonable, for each subsequent half
hour $107.00
(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 $52.00 each half hour thereafter $52.00 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 $107.00 35.
(a) At trial or hearing, for each hour $217.00 But, according to circumstances, not
to exceed per day of six hours
(including luncheon and dinner
adjournments) $1036.00 or, If attended by clerk $517.00
Supreme Court (Chapter I Amendment No. 22) Rules 2002
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(b) To hear reserved judgment, for each $107.00 half hour
(c) By appointment or on short or formal
application to a Judge or Master or
the Taxing Master, Listing Master or
Prothonotary $107.00 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) $1036.00 37.
To settle judgment or order, per half hour $107.00 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 thesolicitor in the proceeding
Not exceeding per day $1036.00 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
Supreme Court (Chapter I Amendment No. 22) Rules 2002
S.R. No. 121/2002 r. 6 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 $31.00 40. If the exercise of skill or legal knowledge
is involved so as to require the personal
attendance of the solicitor, per quarter
hour $52.00 Or, if attendance by solicitor's clerk, per
quarter hour $31.00 Or such larger amount as the Taxing
Master thinks reasonable having regard
to the importance or difficulty of the
subject matter of attendance41. 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 $31.00 43. Sending or receiving telex, telegram or
facsimile documents $31.00 Or such larger amount as is reasonable in
the circumstances having regard to the
lengthCorrespondence
44. Letter making an appointment or
forwarding document without
explanation or the like $15.00 45.
Letter, ordinary $27.00 46.
Letter, special $36.00 Or such amount as the Taxing Master
thinks reasonable
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47. Circular letter, after the first $10.00 For each additional page after the first
page, the photocopying charge shall
applyThe 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
disbursement48. Where any agent is employed, for $52.00
correspondence with the agent which the to Taxing Master thinks reasonable, per $217.00 quarter of the year Or, if special or extensive, in the discretion of the Taxing Master.".
7. Amendments to Appendix B
In Appendix B to the Principal Rules, in the items for Interpreters' Allowances—
(a) in item 1, for "$203" substitute "$238"; and
(b) in item 2, for "$203" substitute "$238".
Dated: 28 November 2002
J. H. PHILLIPS, C.J. JOHN WINNEKE, P. W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
G. M. EAMES, J.A.
BERNARD G. TEAGUE, J.
Supreme Court (Chapter I Amendment No. 22) Rules 2002
S.R. No. 121/2002
DAVID ASHLEY, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
H. R. HANSEN, J.
ROSEMARY BALMFORD, J.
E. W. GILLARD, J.
M. L. WARREN, J.
BERNARD D. BONGIORNO, J.
R. S. OSBORN, J.
GEOFFREY NETTLE, J.K. WILLIAMS, J.
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Supreme Court (Chapter I Amendment No. 22) Rules 2002
| Endnotes | S.R. No. 121/2002 |
ENDNOTES
1 Rule 4: S.R. No. 19/1996. Reprint (No. 3) incorporating amendments as at
12 July 2001. Subsequently amended by S.R. Nos 111/2001, 130/2001,
36/2002 and 91/2002.
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