Supreme Court (Chapter I Amendment No. 25) Rules 2003 (Vic)

Supreme Court (Chapter I Amendment No. 25)

Rules 2003

ts	S.R. No. 142/2003
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u	TABLE OF PROVISIONS
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o Rule Page

D	1.	Object	1
ry	2.	Authorising provisions	1
3.	Commencement	1
ta	4.	Principal Rules	1
5.	New Appendices A and B substituted	1
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e	Appendix A—Scale of Costs	2
m	Appendix B—Witnesses' Expenses and Interpreters'

ia Allowances 10

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a	ENDNOTES	13
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STATUTORY RULES 2003

ts	S.R. No. 142/2003
n
e	Supreme Court Act 1986
m
u	Supreme Court (Chapter I Amendment No. 25)
c	Rules 2003
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D	The Judges of the Supreme Court make the following Rules:
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ta	1. Object
n	The object of these Rules is to amend the
e	Principal Rules to increase costs in Appendix A
m	and Appendix B.
ia
rl	2. Authorising provisions
a	These Rules are made under section 25 of the
P	Supreme Court Act 1986 and all other enabling
d	powers.
n
a	3. Commencement
n	These Rules come into operation on 1 January
o
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2004.
la	4. Principal Rules
is	In these Rules, the Supreme Court (General Civil

1

g	Procedure) Rules 1996	are called the Principal
e	Rules.

L	5. New Appendices A and B substituted
n
a	For Appendices A and B to the Principal Rules
ri	substitute—
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"APPENDIX A

ts	SCALE OF COSTS
n	Instructions

e	1.	To institute or defend any proceeding or appeal	$223.00
m	2.	To make or oppose any interlocutory application	$54.00
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c	3.	For statement of claim whether indorsed on writ or
o	third party notice or served separately, or
D	counterclaim	$110.00
ry	4.	For any other pleading, particulars in lieu of
pleading or amended pleading	$54.00
ta	5.	For counsel to advise or give an opinion	$54.00
n	6.	For counsel to make an interlocutory application
e	where no other brief	$54.00
m	7.	For witness statements, summaries of evidence or
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rl	like documents, interrogatories, answers to
interrogatories, oral examination for discovery,
a	affidavit or other document for filing on an
P	interlocutory application other than a short, formal
affidavit or other document	$110.00
d
n	8.	For a necessary document not otherwise provided
a	for, such fee as may be reasonable in the
circumstances
n
o	No allowance for instructions shall be made under
ti	the above items where an allowance for the work is
la	claimed in detail and allowed on that basis
is	Instead of the fees for instructions above, such
larger sum may be allowed as the Taxing Master
g	thinks reasonable in the circumstances
e	9.	Instructions for brief on trial of proceedings,
L	including an assessment of damages or value or a
n	trial before special referee, or an appeal, such
a	allowances as the Taxing Master thinks reasonable
ri	in the circumstances

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

drawn by counsel) for each extra folio $24.00

ts	The above allowances include all indorsements of
claim, copy for filing and one copy for service and
n	attendance to file, but not Court fees
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Corporations Short Form Bill

m

u	11A.	Costs of obtaining a winding-up order up to and
c	including authentication, filing and service of the
o	order under section 470 of the Corporations Act and
D	the obtaining from the Taxing Master of an order as
to costs $2564.00
ry	Additional costs are allowable for any adjournment
ta	in accordance with item 34 or 35 in respect of
n	which costs have been reserved by the Court

e Interlocutory Process

m	12.	Summons before Judge or Master	$110.00
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rl	13.	Subpoena	$65.00
a	If a subpoena exceeds three folios, for each extra

P	folio	$8.70
d	These allowances include preparation of document,
n	copy for filing and one copy for service and
a	attendance to file

n	Execution Process
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ti	14.	Warrant of execution	$128.00
la	This allowance includes preparation of the warrant,
copy for filing and one copy for service and
is	attendance to file

g	Notices and Memoranda
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L	15.	Notice to produce or any other necessary or proper
n	notice or memorandum not otherwise provided for,
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or any demand $43.00
This allowance does not apply to a short notice or
to	memorandum indorsed on another document, but
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16.     If the notice is special, or necessarily exceeds three

folios, for each folio $24.00

ts	The above allowances include preparation of the notice and one copy for filing or service
n
e	Appearance

m	17.	Preparing and attending filing notice of appearance
u	(including one copy for service) $77.00
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o Drawing Pleadings and Other Documents

D 18. (a) Pleadings, including petitions, indorsement

ry	constituting statement of claim on writ or third
party notice, including particulars $110.00

ta (b) If exceeding three folios, for each extra folio $24.00

n	19.	Any other necessary document, per folio	$24.00
e
No allowance is to be made to a solicitor for
m	drawing a document drawn by counsel, but a fee
ia	may be allowed for drawing matter necessary to
rl	instruct counsel
a	In allowing for drawing, the Taxing Master may
P	disallow anything which is a repetition or
d	adaptation of matter for the drawing of which
n	allowance has otherwise been made in the
a	proceeding. The Taxing Master may increase these
allowances if in the circumstances he thinks it
n	reasonable to do so
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ti	20.	For preparing each exhibit	$4.30

la Engrossment and Copies

is	21.	Engrossment of documents, per folio	$4.30
g	22.	(a) Copy or photocopy of document, per page	$1.50
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L	(b) Reproduction of document from microfiche,

microfilm or like process, per page, the actual

n	cost or	$1.50
a
ri	23.	Where under the Rules or any order of the Court or
for other sufficient cause any document is printed
to	out and it would not have been reasonable to send
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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

ts	on the printer), or, if reproduced by the solicitor, the
n	equivalent amount or such lesser amount as the
e	Taxing Master considers fair and reasonable having regard to commercial rates for similar services,
m	shall be allowed
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c	Where it is necessary to print any part of a
o	document in a foreign language, or as a facsimile, or in any unusual or special manner, or where any
D	alteration in the document printed becomes
ry	necessary after the first proof, such further allowance shall be made as the Taxing Master
ta	thinks reasonable
n	Perusals
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25.     Of all pleadings, amendments of pleadings (which

m	exceed three folios), applications by summons,
ia	notice or otherwise, third party notices,
rl	interrogatories, answers thereto, transcripts of
a	discovery by oral examination, notices, affidavits,
P	draft orders submitted for approval by another
party, drafts of documents to be settled by an
d	officer of the Court, orders (unless an allowance
n	has been made previously for perusal of a draft),
a	opinions or advices of counsel where requested,
bills of costs necessarily perused by the solicitor for
n	the party on whom it was served $34.00
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ti	Or per folio $4.80

la	26.	Of all other documents, including deeds,
is	correspondence (including incoming
correspondence), exhibits, per folio $3.60
g
e	If the solicitor is or ought to be familiar with the
L	contents of the document or if it is not necessary to read all of it carefully, the Taxing Master shall
n	allow such smaller amount as he thinks reasonable.
a
ri	No allowance shall be made for the solicitor
perusing letters which he receives unless the Taxing
to	Master considers there are special circumstances for
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27.     Alternatively, for examining a document or

checking a proof or print or examining an appeal

ts	book
Solicitor, per quarter hour $54.00
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e	Clerk, per quarter hour $32.00
m	Service
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c	28.	Service of any document where necessary, and not
o	able to be served by post $53.00
D	Or such charge as is reasonable having regard to
the number of necessary attendances, the time
ry	taken, the distance travelled and any expense
ta	incurred
n	29.	Where by reason of the location of the person to be
e	served it is proper to effect service through an
agent, instead of an allowance for service—
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(a) for correspondence with the agent $34.00
(b) the amount actually and reasonably charged by

a	the agent
P	Where more than one attendance is necessary to
effect service, or to ground an application for
d	substituted service, the Taxing Master may make
n	such further allowance under items 28 and 29 as he
a	thinks reasonable
n	For service out of Victoria, the Taxing Master shall
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ti	make such allowance as he thinks reasonable

la	30.	Service of document on a party by filing or leaving
at the office of his solicitor or other address for
is	service, where that mode of service is necessary $32.00
g	31.	Service of document on a party by post or leaving
e	at document exchange $18.00
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Only one fee for service shall be allowed where
n	two or more documents are or could have been
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ri	served together
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Attendances

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

ts including an assessment of damages or value or

a trial before a special referee or an appeal (b) On counsel with any other brief or papers or to $66.00

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appoint consultation or conference (including all

m	attendances to settle counsel's fees)	$43.00
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c	33.	(a) On consultation or conference with counsel	$110.00
o	(b) Where a consultation or conference occupies

D	more than one half hour, if the Taxing Master
ry	thinks it reasonable, for each subsequent half
hour $110.00
ta	(c) If the solicitor does not attend personally, the
n	allowance shall be as the Taxing Master thinks
e	reasonable, but not exceeding, for—
m	the first half hour $54.00
ia	each half hour thereafter $54.00

rl	34.	On any application or attendance before a Judge, a
a	Master or the Taxing Master, Listing Master, or
P	Prothonotary, examination of a witness, discovery
d	by oral examination, assessment of damages or
n	value, trial or inquiry, trial of a proceeding or
a	hearing of an appeal, where in list or likely to be
heard $110.00
n	35.	(a) At trial or hearing, for each hour $223.00
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ti	But, according to circumstances, not to exceed
la	per day of six hours (including luncheon and
is	dinner adjournments) $1067.00
or,
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e	If attended by clerk $532.00

L	(b) To hear reserved judgment, for each half hour	$110.00
n	(c) By appointment or on short or formal
a

ri	application to a Judge or Master or the Taxing
Master, Listing Master or Prothonotary $110.00
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37.	To settle judgment or order, per half hour	$110.00
38.	In addition to reasonable expenses for travel and

ts	sustenance, allowance may be made for a solicitor travelling to a place more than 50 kilometres distant
n	from his place of residence or business where—
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(a) the journey was necessary and proper for the
m	purpose of the proceeding and what was done
u	by the solicitor could not have been done
c	satisfactorily by an agent; and
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(b) the solicitor was necessarily absent from his

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

n	Not exceeding per day	$1067.00
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If the journey is not undertaken solely for the
m	purpose of the proceeding, the Taxing Master may
ia	allow a proportion of the fee as he thinks
rl	reasonable
a	39.	To file or lodge any document, to obtain an
P	appointment from an officer of the Court, or to
d	insert an advertisement or other attendance of a
n	similar nature capable of performance by a junior
a	clerk $32.00
40.	If the exercise of skill or legal knowledge is
n	involved so as to require the personal attendance of
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ti	the solicitor, per quarter hour $54.00
la	Or, if attendance by solicitor's clerk, per quarter
hour $32.00
is	Or such larger amount as the Taxing Master thinks
g	reasonable having regard to the importance or
e	difficulty of the subject matter of attendance
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41.	Making an appointment or similar attendance by
n	telephone, at the discretion of the Taxing Master $11.00
a
ri	42.	Arranging attendance of a witness or any
to	attendance for which no other provision is made,
per quarter hour $32.00
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43.     Sending or receiving telex, telegram or facsimile

documents $32.00

ts	Or such larger amount as is reasonable in the
circumstances having regard to the length
n
e	Correspondence

m	44.	Letter making an appointment or forwarding
u	document without explanation or the like $15.00
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o	45.	Letter, ordinary $28.00
D	46.	Letter, special $37.00
ry	Or such amount as the Taxing Master thinks
reasonable
ta	47.	Circular letter, after the first $10.00
n
e	For each additional page after the first page, the
photocopying charge shall apply
m
ia	The above allowances include the standard surface
rl	rate of postage, but, if any communication is
necessarily made by telex, telegram or transmission
a	of a facsimile, the appropriate statutory charges
P	may be allowed as a disbursement
d	48.	Where any agent is employed, for correspondence $54.00
n	with the agent which the Taxing Master thinks to
a	reasonable, per quarter of the year $223.00
n	Or, if special or extensive, in the discretion of the
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Taxing Master.

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APPENDIX B

ts	WITNESSES' EXPENSES AND INTERPRETERS' ALLOWANCES
n
e	WITNESSES' EXPENSES

m	1. Professional person including	per hour or part thereof necessarily
u	pharmaceutical and analytical	absent from professional rooms or
c	chemists, psychologists,	place of business (during normal
o	actuaries, valuers and	hours of business), $136–$272, but
accountants (carrying on	not in any event to exceed $1700
D	business as principals)	in any one day
ry	2. Person other than a professional	$85, or such fee as is reasonable in
ta	person who is engaged in	the circumstances but not in any
business as a principal on his	event to exceed $284 per half day
n	own behalf	or part thereof or $510 in any one
e	day

m	3.	Any other witness	per day, $85
ia
rl	But if the witness is remunerated	the amount lost by the attendance,
in any employment by wages,	but not in any event to exceed
a	salary or fees	$284 per half day or part thereof
P	or $510 in any one day
d	The Taxing Master may allow in
n	addition any appropriate
a	necessary expense incurred by the witness, e.g. child minding
n	expenses
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ti	A witness attending in more than one proceeding shall be entitled to a
la	proportionate part only of the expense of the proceeding.
is	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
g	place of trial or hearing and for maintenance or sustenance. For this purpose a
e	witness who does not reside within 50 kilometres of the place of trial or
L	hearing is a country witness.
n	Where a witness gives evidence as an expert, the Taxing Master may allow
a
ri	an amount reasonably and properly incurred and paid to the witness for
qualifying to give that evidence.
to	Notwithstanding anything in the above scale, the Taxing Master may allow to
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INTERPRETERS' ALLOWANCES

1. Attending professional, scientific $39 for each hour or part thereof

ts	or expert witness qualifying to	but not in any event to exceed
give evidence, attending	$245 in any one day
n	conference with solicitor or
e	counsel

m	2.	Attending court	for absence from place of
u	residence or business $141 for four
c	hours or less and thereafter $39 per
o	hour, or part thereof, but not in any event to exceed $245 in any one
D	day

ry	The Taxing Master may allow a country interpreter, in addition to the above
ta	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
n	purpose, an interpreter who does not reside within 50 kilometres of the place
e	of trial or hearing is a country interpreter.
m	Notwithstanding anything in the above scale, the Taxing Master may allow
ia	an increased amount to a professional interpreter in special circumstances.".
rl
a	Dated: 27 November 2003
P	M. L. WARREN, C.J.
d	JOHN WINNEKE, P.
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a	W. F. ORMISTON, J.A.
n	JOHN D. PHILLIPS, J.A.
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ti	STEPHEN CHARLES, J.A.
la	F. H. CALLAWAY, J.A.
is	J. M. BATT, J.A.
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e	PETER BUCHANAN, J.A.
L	ALEX CHERNOV, J.A.
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a	F. H. R. VINCENT, J.A.
ri	G. M. EAMES, J.A.
to	P. D. CUMMINS, J.
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V	T. H. SMITH, J.
DAVID ASHLEY, J.

Supreme Court (Chapter I Amendment No. 25) Rules 2003

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S.R. No. 142/2003

JOHN COLDREY, J.

DAVID BYRNE, J.

ts	D. L. HARPER, J.
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e	H. R. HANSEN, J.
m	PHILIP MANDIE, J.
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c	MURRAY B. KELLAM, J.
o	BERNARD D. BONGIORNO, J.
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D. J. HABERSBERGER, J.
ry	GEOFFREY NETTLE, J.
ta	JULIE DODDS-STREETON, J.
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e	R. F. REDLICH, J.
m	K. WILLIAMS, J.
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Supreme Court (Chapter I Amendment No. 25) Rules 2003

Endnotes

S.R. No. 142/2003

ENDNOTES

ts	1 Rule 4: S.R. No. 19/1996. Reprint No. 4 incorporating amendments as at
n	20 March 2003. Subsequently amended by S.R. Nos 95/2003 and
e	102/2003.
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