Supreme Court (Chapter I Amendment No. 9) Rules 1998 (Vic)
Supreme Court (Chapter I Amendment No. 9)
Rules 1998
S.R. No. 150/1998
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Substitution of Appendix A 1
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NOTES 11
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STATUTORY RULES 1998
S.R. No. 150/1998
Supreme Court Act 1986
Supreme Court (Chapter I Amendment No. 9)
Rules 1998
The Judges of the Supreme Court make the following Rules:
1. Object
The object of these Rules is to increase the costs in Appendix A 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
1999.
4. Principal Rules
In these Rules, the General Rules of Procedure in
Civil Proceedings 19961 are called the PrincipalRules.
5. Substitution of Appendix A
For Appendix A to the Principal Rules substitute—
Supreme Court (Chapter I Amendment No. 9) Rules 1998
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| "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 $176.00 2. To make or oppose any interlocutory application
not otherwise provided for $42.00 3. For statement or claim whether indorsed on writ or
third party notice or served separately, or
counterclaim $87.00 4. For any other pleading, particulars in lieu of
pleading or amended pleading $42.00 5.
For counsel to advise or give an opinion $42.00 6. For counsel to make an interlocutory application
where no other brief $42.00 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 $87.00 8. 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 isFor a necessary document not otherwise provided 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
Originating Process
Supreme Court (Chapter I Amendment No. 9) Rules 1998
S.R. No. 150/1998 r. 5 10. Writ or originating motion or summons (where
filed as originating process) $100.00 11. If any of the above exceed three folios (when not
drawn by counsel) for each extra folio $18.00 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 $2021.00 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 $87.00 13. Subpoena $52.00 If a subpoena exceeds three folios, for each extra folio $6.80 These allowances include preparation of document,
copy for filing and one copy for service and
attendance to file
Execution Process
14. Warrant of execution $100.00 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
$34.00
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 $18.00
Supreme Court (Chapter I Amendment No. 9) Rules 1998
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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) $61.00
Drawing Pleadings and Other Documents
18. (a) Pleadings, including petitions, indorsement
constituting statement of claim on writ or third
party notice, including particulars $87.00 (b) If exceeding three folios, for each extra folio $18.00
19. Any other necessary document, per folio $18.00 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 $3.40
Engrossment and Copies
21. Engrossment of documents, per folio $3.40 22. (a) Copy or photocopy of document, per page $1.20 (b) Reproduction of document from microfiche, microfilm or like process, per page, the actual
cost or $1.20 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 $1.20 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
Supreme Court (Chapter I Amendment No. 9) Rules 1998
S.R. No. 150/1998 r. 5 r. 5 equivalent amount or such lesser amount as the 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 asthe 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 $27.00 Or per folio $3.80 26. Of all other documents, including deeds,
correspondence (including incoming
correspondence), exhibits, per folio $2.90 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
so27. Alternatively, for examining a document or checking a proof or print or examining an appeal book
Solicitor, per quarter hour $42.00 Clerk, per quarter hour $25.00
Service
Supreme Court (Chapter I Amendment No. 9) Rules 1998
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28. Service of any document where necessary, and not
able to be served by post $41.00 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 $27.00 (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 $25.00 31. Service of document on a party by post or leaving at
document exchange $13.00 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 $53.00
(b) On counsel with any other brief or papers or to
appoint consultation or conference (including all
attendances to settle counsel's fees) $34.00
33. (a) On consultation or conference with counsel $87.00 (b) Where a consultation or conference occupies more than one half hour, if the Taxing Master thinks it reasonable, for each subsequent half hour
$87.00
(c) If the solicitor does not attend personally, the
allowance shall be as the Taxing Master thinks
Supreme Court (Chapter I Amendment No. 9) Rules 1998
S.R. No. 150/1998 r. 5 reasonable, but not exceeding, for—
the first half hour $42.00 each half hour thereafter $42.00 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 $87.00 35.
(a) At trial or hearing, for each hour $176.00 But, according to circumstances, not to exceed
per day of six hours (including luncheon and
dinner adjournments) $840.00 or, If attended by clerk $419.00 (b) To hear reserved judgment, for each half hour $87.00 (c) By appointment or on short or formal application to a Judge or Master or the Taxing Master,
Listing Master or Prothonotary $87.00 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) $840.00 37.
To settle judgment or order, per half hour $87.00 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 donesatisfactorily 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 inthe proceeding
Not exceeding per day $840.00 If the journey is not undertaken solely for the
purpose of the proceeding, the Taxing Master may
Supreme Court (Chapter I Amendment No. 9) Rules 1998
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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
$25.00
40. If the exercise of skill or legal knowledge is
involved so as to require the personal attendance of
the solicitor, per quarter hour $42.00 Or, if attendance by solicitor's clerk, per quarter hour
$25.00
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 $10.00 42. Arranging attendance of a witness or any attendance
for which no other provision is made, per quarter
hour $25.00 43. Sending or receiving telex, telegram or facsimile
documents $25.00 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 $12.00 45.
Letter, ordinary $22.00 46.
Letter, special $30.00 Or such amount as the Taxing Master thinks
reasonable47.
Circular letter, after the first $8.50 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 correspondence $42.00
Supreme Court (Chapter I Amendment No. 9) Rules 1998
S.R. No. 150/1998
with the agent which the Taxing Master thinks to reasonable, per quarter of the year $176.00 Or, if special or extensive, in the discretion of the
Taxing Master.".
Dated: 26 November 1998
J. H. PHILLIPS, C.J. JOHN WINNEKE, P. 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.
ALEX CHERNOV, J.A.
BARRY BEACH, J.
G. HAMPEL, J.
BERNARD G. TEAGUE, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN J. HEDIGAN, J.
J. A. COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.
Supreme Court (Chapter I Amendment No. 9) Rules 1998
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M. B. KELLAM, J. M. L. WARREN, J.
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Supreme Court (Chapter I Amendment No. 9) Rules 1998
S.R. No. 150/1998 Notes
NOTES
1 Rule 4: S.R. No. 19/1996. Reprinted (No. 1) to S.R. No. 100/1998 and
subsequently amended by S.R. No. 121/1998.
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