Supreme Court (Chapter I Costs and Other Amendments) Rules 2025 (Vic)

Supreme Court (Chapter I Costs and Other Amendments) Rules 2025

S.R. No. 127/2025

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

4Principal Rules

Part 2—Costs amendments

5New Rule 63.42.1

6Appendix A substituted

Part 3—Amendments relating to time for filing appearance

7Time for appearance

8Forms amended

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Endnotes

STATUTORY RULES 2025

S.R. No. 127/2025

Supreme Court Act 1986

Supreme Court (Chapter I Costs and Other Amendments) Rules 2025

The Judges of the Supreme Court make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend Chapter I of the Rules of the Supreme Court—

(a)to provide for increases to the scale of costs in Appendix A and to provide for GST in relation to costs; and

(b)to provide for time to file an appearance in accordance with the Service and Execution of Process Act 1992 of the Commonwealth.

2Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

(1)These Rules, except for Part 2, come into operation on 1 December 2025.

(2)Part 2 of these Rules comes into operation on 1 January 2026.

4Principal Rules

In these Rules, the Supreme Court (General Civil Procedure) Rules 2025[1] are called the Principal Rules.

PART 2—COSTS AMENDMENTS

5New Rule 63.42.1

After Rule 63.42 of the Principal Rules insert—

"63.42.1   Goods and Services Tax

(1)Notwithstanding anything in these Rules or in Appendix A, if—

(a)an amount referable to tax paid or to be paid under the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth has been included in a charge made to a party to whom costs are payable; and

(b)the charge was for work or a disbursement or another thing relevantly referred to in Appendix A; and

(c)the party has no entitlement to an input tax credit in respect of the amount—

the party may, on taxation, make a claim referable to the amount.

(2)If the party satisfies the Court or the Costs Court of the matters set out in paragraphs (1)(a), (b) and (c), the Court or the Costs Court (as the case may be), in its discretion, may allow the amount, or a part of the amount, on taxation.

(3)The Court or the Costs Court may do so even if, as a result, a maximum otherwise fixed by Appendix A is exceeded.".

6Appendix 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 2026 in relation to matters in the Supreme Court of Victoria.

The costs in this Scale are exclusive of GST.

Note

See Rule 63.42.1.

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 $918 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 $663 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 $459 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 $398 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 $296 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 $677 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	$7442	$11 163
(b)   For conferences, preparation, advice or other work on other days, per hour	$744	$1116

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—$7029.

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.".

PART 3—AMENDMENTS RELATING TO TIME FOR FILING APPEARANCE

7Time for appearance

For Rule 8.04(a) of the Principal Rules substitute—

"(a)where the originating process is to be served—

(i)in Victoria, not less than 10 days after service;

(ii)out of Victoria and in another part of Australia, 21 days after service;".

8Forms amended

In the Principal Rules—

(a)In Form 5A, for "the writ in Australia, within 10 days after service" substitute—

"the writ—

(i)in Victoria, within 10 days after service; or

(ii)out of Victoria and in another part of Australia, within 21 days after service";

(b)In Form 5B, for "the originating motion in Australia, within 10 days after service" substitute—

"the originating motion—

(i)in Victoria, within 10 days after service; or

(ii)out of Victoria and in another part of Australia, within 21 days after service";

(c)In Form 5G, for "the originating motion in Australia, within 10 days after service" substitute—

"the originating motion—

(i)in Victoria, within 10 days after service; or

(ii)out of Victoria and in another part of Australia, within 21 days after service";

(d)In Form 10A, for "the counterclaim in Australia, within 10 days after service" substitute—

"the counterclaim—

(i)in Victoria, within 10 days after service; or

(ii)out of Victoria and in another part of Australia, within 21 days after service";

(e)In Form 11A, for "the notice in Australia, within 10 days after service" substitute—

"the notice—

(i)in Victoria, within 10 days after service; or

(ii)out of Victoria and in another part of Australia, within 21 days after service".

Dated:27 November 2025

R. NIALL, C.J.

KARIN EMERTON, P.

DAVID F. R. BEACH, J.A.

M. E. KENNEDY, J.A.

K. WALKER, J.A.

L. A. TAYLOR, J.A.

C. B. BOYCE, J.A.

R. J. ORR, J.A.

MELINDA RICHARDS, J.A.

JAMES D. ELLIOTT, J.

MELANIE SLOSS, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

JANE DIXON, J.

A. J. KEOGH, J.

S. J. MOORE, J.

ANDREW J. TINNEY, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

J. DELANY, J.

KATHRYN STYNES, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

S. A. O'MEARA, J.

AMANDA FOX, J.

ANDREA TSALAMANDRIS, J.

P. MATTHEWS, J.

C. M. HARRIS, J.

A. J. WATSON, J.

P. COSGRAVE, J.

KERRI JUDD, J.

ADRIAN FINANZIO, J.

L. J. HANNON, J.

R. G. CRAIG, J.

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ENDNOTES

[1] Rule 4: S.R. No. 85/2025.