Supreme Court (Chapter I Costs Amendment) Rules 2024 (Vic)
Supreme Court (Chapter I Costs Amendment) Rules 2024
S.R. No. 83/2024
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Copies on request
6Inspection of documents referred to in affidavit of documents
7When interrogatories allowed
8Taxed or other costs provision
9Rules 63.24 and 63.25 revoked
10Rule 63.34 substituted
11Costs of taxation
12Filing of bill
13Content of bill of costs
14Objection to bill
15Rule 63.48 revoked
16Rules 63.62 and 63.64 revoked
17Rule 63.70 amended
18Rules 63.72, 63.73 and 63.74 revoked
19Defendants with same solicitor
20Rules 63.79, 63.81, 63.82 and 63.85 revoked
21New Rule 63.89.1 inserted
22Appendix A substituted
23Appendix B revoked
24Consequential amendment to Chapter V
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Endnotes
STATUTORY RULES 2024
S.R. No. 83/2024
Supreme Court Act 1986
Supreme Court (Chapter I Costs Amendment) Rules 2024
The Judges of the Supreme Court make the following Rules:
1Object
The object of these Rules is to amend Chapter I of the Rules of the Supreme Court to provide for a new Appendix A implementing a new scale of costs based principally on time costing.
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.
3Commencement
These Rules come into operation on 1 January 2025.
4Principal Rules
In these Rules, the Supreme Court (General Civil Procedure) Rules 2015[1] are called the Principal Rules.
5Copies on request
For Rule 27.05(1) of the Principal Rules substitute—
"(1)A party who prepares a document for use in the Court shall, on the request of any other party entitled to a copy of the document and on payment of a charge at a reasonable rate for copying a document, supply that party with a copy of the document.".
6Inspection of documents referred to in affidavit of documents
In Rule 29.09(6)(b) of the Principal Rules for "in Appendix A" substitute "at a reasonable rate".
7When interrogatories allowed
In Rule 30.02(5) of the Principal Rules for "not necessary" substitute "unreasonable".
8Taxed or other costs provision
After Rule 63.07(2) of the Principal Rules insert—
"(3)Unless the Court otherwise orders, the Costs Court may order a gross sum in lieu of taxed costs—
(a)on application by any party; or
(b)on its own motion.".
9Rules 63.24 and 63.25 revoked
Rules 63.24 and 63.25 of the Principal Rules are revoked.
10Rule 63.34 substituted
For Rule 63.34 of the Principal Rules substitute—
63.34Costs allowable"
(1)Subject to paragraph (3), on taxation, the costs to be paid to a party to whom costs are payable in a proceeding are to be taxed in accordance with Appendix A, unless the Court, or in the absence of a determination of the Court, the Costs Court, otherwise orders.
(2)Paragraph (1) applies whether the basis of taxation is the standard basis or the indemnity basis or any other basis that may have been directed.
(3)The Court or, in the absence of a determination of the Court, the Costs Court, on special grounds arising out of the nature and importance or the difficulty or urgency of the case, may allow an increase, not exceeding 30 per cent, of the maximums set out in Sections 1 and 4 of Appendix A with respect to—
(a)the proceeding generally; or
(b)any application, step or other matter in the proceeding.".
11Costs of taxation
In Rule 63.36(5) of the Principal Rules omit "and to Rule 63.85".
12Filing of bill
After Rule 63.39(3) of the Principal Rules insert—
"(4)Where an application pursuant to Rule 63.07(3) is made for gross sum costs, paragraphs (1) and (2) do not apply.".
13Content of bill of costs
For Rule 63.42(2), (3) and (4) of the Principal Rules substitute—
"(2)Every item claimed in the bill of costs shall be numbered consecutively and the items shall be set out in chronological order.
(3)For each item claimed under Section 1 of Appendix A, the bill shall—
(a)state the date on which the work was done;
(b)describe briefly the work done;
(c)name the person who did the work;
(d)state the time taken to do the work;
(e)identify, by reference to the relevant paragraph of Section 1.1 or 1.2 (as the case may be) of Appendix A, the category into which the time spent on the work falls;
(f)state the amount actually charged to the party for the work (not including any GST);
(g)state the amount claimed for the item.
(4)For each item claimed under Section 3 of Appendix A, the bill shall—
(a)state the date on which, or the period during which, the work was done;
(b)describe briefly the work done;
(c)name the person or persons who did the work;
(d)state, so far as available records may allow, the time taken to do the work;
(e)identify, by reference to the relevant paragraph of Section 1.1 or 1.2 (as the case may be) of Appendix A, the category into which, if the party had been charged on the basis of hourly rates, the time spent on the work would have fallen;
(f)state the amount actually charged to the party for the work (not including any GST);
(g)state the amount claimed for the item.
(5)For each item claimed under Section 4 of Appendix A, the bill shall—
(a)state the date on which the work was done;
(b)describe briefly the work done;
(c)name the counsel who did the work;
(d)state the time taken to do the work;
(e)state the actual amount of the fee charged by counsel for the work;
(f)state any applicable circuit fee;
(g)state the amount claimed for the item.
(6)For each item claimed under Section 5 of Appendix A, the bill shall—
(a)state the date on which the witness or the interpreter was relevantly involved;
(b)describe briefly what the witness or the interpreter did;
(c)name the witness or the interpreter;
(d)state the time taken by the witness or the interpreter;
(e)state the amount actually charged by, or paid to, the witness or the interpreter;
(f)state the amount claimed for the item.
(7)For each item claimed under Section 7 of Appendix A, the bill shall—
(a)state the date of the travel;
(b)state the mode and the period or periods of the travel;
(c)name the person travelling;
(d)state the amount claimed for the item.
(8)For each item claimed under Section 8 of Appendix A, the bill shall—
(a)state the date on which the documents were reproduced;
(b)give a general description of the documents;
(c)state the amount claimed for the item.
(9)For each item claimed under Section 9 of Appendix A, the bill shall—
(a)state the date on which the disbursement was incurred;
(b)describe briefly the nature of the disbursement;
(c)identify the payee of the disbursement.
(10)Any matters relied on in relation to the determination of reasonableness under Section 2 of Appendix A shall be set out briefly in a separate part of the bill, except where such matter has already been stated or included in the bill pursuant to another requirement of this Rule.".
14Objection to bill
In Rule 63.47(2) of the Principal Rules—
(a)in paragraph (b), for "item." substitute "item;";
(b)after paragraph (b) insert—
"(c)state the amount by which it is contended the item should be reduced; and
(d)state any authority on which the party relies.".
15Rule 63.48 revoked
Rule 63.48 of the Principal Rules is revoked.
16Rules 63.62 and 63.64 revoked
Rules 63.62 and 63.64 of the Principal Rules are revoked.
17Rule 63.70 amended
(1)In the heading to Rule 63.70 of the Principal Rules, for "Unnecessary or" substitute "Unreasonable and".
(2)In Rule 63.70 of the Principal Rules—
(a)in paragraph (1), for "not necessary" substitute "unreasonable";
(b)in paragraph (2), for "unnecessary length" substitute "an unreasonable length";
(c)in paragraph (2), for "not necessary" (where twice occurring) substitute "unreasonable".
18Rules 63.72, 63.73 and 63.74 revoked
Rules 63.72, 63.73 and 63.74 of the Principal Rules are revoked.
19Defendants with same solicitor
In Rule 63.76 of the Principal Rules, for "unnecessary" substitute "unreasonable".
20Rules 63.79, 63.81, 63.82 and 63.85 revoked
Rules 63.79, 63.81, 63.82 and 63.85 of the Principal Rules are revoked.
21New Rule 63.89.1 inserted
After Rule 63.89 of the Principal Rules insert—
"63.89.1 Costs of taxation—alternative assessment procedure
(1)Subject to paragraph (2), a party who files an objection under Rule 63.88(3) shall pay the costs of taxation of all parties from the date on which the Costs Court notified the parties of the estimate under Rule 63.88(2) unless—
(a)if the party is the party who filed the bill—the costs are taxed at more than 115% of the Costs Court's estimate; or
(b)in any other case—the costs are taxed at less than 85% of the Costs Court's estimate.
(2)The Costs Court may order that paragraph (1) does not apply if—
(a)the party had offered to compromise the costs on terms more favourable than the costs were taxed; or
(b)the conduct of any other party at the taxation added significantly to the duration or cost of the taxation.".
22Appendix A substituted
For Appendix A to the Principal Rules substitute—
Appendix A—Supreme Court Scale of Costs"
Scale of costs to be paid to a party to whom costs are payable in respect of work done on and after 1 January 2025 in relation to matters in the Supreme Court of Victoria.
The costs in this Scale are exclusive of GST.
SECTION 1: WHERE THE PARTY ENTITLED TO COSTS IS CHARGED ON THE BASIS OF HOURLY RATES
This Section does not apply to counsel's fees (see SECTION 4 of this Scale) or the costs of winding up orders (see SECTION 6 of this Scale).
To the extent that a party to whom costs are payable in a proceeding is charged on the basis of hourly rates for work done, the costs payable to that party for doing the work are to be allowed on the basis of hourly rates according to the time spent on the work, as follows—
1.1(a) Time spent by a legal practitioner of 10 or more years post-admission experience, doing work requiring legal skill or knowledge—
(in 6 minute units), a reasonable hourly rate, as allowed, up to a maximum of $900 per hour;
(b)Time spent by a legal practitioner of between 5 and 9 years post-admission experience, doing work requiring legal skill or knowledge—
(in 6 minute units), a reasonable hourly rate, as allowed, up to a maximum of $650 per hour;
(c)Time spent by a legal practitioner of less than 5 years post-admission experience, doing work requiring legal skill or knowledge—
(in 6 minute units), a reasonable hourly rate, as allowed, up to a maximum of $450 per hour.
1.2Time spent by an employee of a law practice (including a law graduate) who is not a legal practitioner—
(a)doing work requiring legal skill or knowledge—
(in 6 minute units), a reasonable hourly rate, as allowed, up to a maximum of $390 per hour;
(b)doing work not requiring legal skill or knowledge, capable of performance by a clerk—
(in 6 minute units), a reasonable hourly rate, as allowed, up to a maximum of $290 per hour;
(c)exercising professional skills and expertise complementing or supporting the delivery of legal services, including but not limited to accountants, financial advisors, information technology specialists, data analysts or forensic analysts—
a reasonable hourly rate, as allowed, up to a maximum of $663.90 per hour.
SECTION 2: DETERMINING REASONABLENESS
In determining reasonableness for the purposes of Sections 1, 3 or 4 of this Scale, the Court or the Costs Court (as the case may be) may have regard to any of the following matters as may be relevant—
(a)the actual hourly rates or amounts charged to the party (exclusive of GST);
(b)the complexity of the matter;
(c)the importance of the issues in dispute;
(d)the difficulty or novelty of the questions involved in the matter;
(e)the amount of money or value of the property involved;
(f)the number and importance of the documents prepared and examined, regardless of length;
(g)the skill and specialised knowledge of the legal practitioner including the practitioner's accreditation as a specialist in the relevant area of practice by a recognised professional association or body mandated to give such accreditation;
(h)the responsibility involved, including delegation to and supervision of legal practitioners;
(i)the time and labour expended by the legal practitioner;
(j)the extent to which the legal practitioner appears as counsel;
(k)research and consideration of questions of law and fact;
(l)the general care and conduct of the legal practitioner, having regard to the instructions in all relevant circumstances;
(m)the time within which the work was required to be done;
(n)any other relevant matter.
SECTION 3: WHERE THE PARTY ENTITLED TO COSTS IS NOT CHARGED ON THE BASIS OF HOURLY RATES
To the extent that a party to whom costs are payable in a proceeding is not charged on the basis of hourly rates for work done, a reasonable amount for doing the work is to be allowed, and in determining a reasonable amount the Court or the Costs Court (as the case may be) may have regard to such of the matters listed in SECTION 2 as may be relevant.
SECTION 4: COUNSEL'S FEES
4.1 Subject to Section 4.2, the fees to be allowed in relation to counsel's fees are reasonable amounts up to the following maximums—
Junior Counsel Senior Counsel (a) For appearances (including any conferences, preparation, advice or other work on the day of hearing), per day $7115 $10 672 (b) For conferences, preparation, advice or other work on other days, per hour $711 $1067 4.2Circuit fees are additional and are to be based on current allowances as provided for in Schedule 1 to Chapter I of the Rules of the County Court.
SECTION 5: WITNESSES' EXPENSES AND INTERPRETERS' ALLOWANCES
To be allowed at reasonable amounts as disbursements.
SECTION 6: CORPORATIONS SHORT FORM BILL
6.1Costs 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 Costs Court of an order as to costs—$6891.
6.2Such additional costs as may be allowed for any adjournments.
Note
See Rule 17.7 of Chapter V of the Rules of the Supreme Court.
SECTION 7:TRAVELLING
7.1Time spent by persons (other than counsel) travelling for the purposes of a proceeding, after the first hour, may be allowed at a reasonable hourly rate.
7.2Out-of-pocket expenses for persons (other than counsel) travelling for the purposes of a proceeding may be allowed as disbursements.
SECTION 8:REPRODUCTION OF DOCUMENTS
8.1By photocopy or other machine made copy including hard copies of electronic documents, if separately chargeable—for each printed side of a page, at the discretion of the Costs Court.
SECTION 9:DISBURSEMENTS GENERALLY
9.1Subject to this Scale, disbursements reasonably incurred may be allowed at reasonable amounts.".
23Appendix B revoked
Appendix B to the Principal Rules is revoked.
24Consequential amendment to Chapter V
For Rule 17.7(1)(a) of the Supreme Court (Corporations) Rules 2023[2] substitute—
"(a)the costs that are set out in Section 6 of Appendix A to Chapter I of the Rules of the Supreme Court; and".
Dated: 5 September 2024
ANNE FERGUSON, C.J.
S. G. E. McLEISH, J.A.
R. NIALL, J.A.
M. E. KENNEDY, J.A.
K. WALKER, J.A.
KEVIN J. A. LYONS, J.A.
C. B. BOYCE, J.A.
R. J. ORR, J.A.
ANTHONY CAVANOUGH, J.
JAMES D. ELLIOTT, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
MICHAEL McDONALD, J.
A. J. KEOGH, J.
M. N. CONNOCK, J.
ANDREW J. TINNEY, J.
L. M. NICHOLS, J.
J. DELANY, J.
KATHRYN STYNES, J.
JAMES GORTON, J.
MICHAEL OSBORNE, J.
S. A. O'MEARA, J.
RICHARD ATTIWILL, J.
AMANDA FOX, J.
ANDREA TSALAMANDRIS, J.
P. R. D. GRAY, J.
P. MATTHEWS, J.
I. WALLER, J.
C. M. HARRIS, J.
A. J. WATSON, J.
P. COSGRAVE, J.
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ENDNOTES
[1] Rule 4: S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Reprinted to S.R. No. 127/2017. Subsequently amended by S.R. Nos 32/2018, 33/2018, 58/2018, 131/2018, 132/2018, 168/2018, 19/2019, 21/2019, 38/2019, 73/2019, 90/2019, 122/2019, 124/2019, 29/2020, 30/2020, 57/2020, 98/2020, 16/2021, 17/2021, 105/2021, 144/2021, 34/2022, 132/2022, 133/2022, 21/2023, 95/2023, 123/2023, 124/2023 and 14/2024.
[2] Rule 24: S.R. No. 32/2023 as amended by S.R. No. 95/2023.
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