Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 (Qld)

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013

Queensland Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Subordinate Legislation 2013 No. 123 made under the Supreme Court of Queensland Act 1991 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of Uniform Civil Procedure Rules 1999 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Replacement of schs 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Schedule 1 Scale of costs—Supreme Court Schedule 2 Scale of costs—District Court Amendment of sch 3 (Scale of costs—Magistrates Courts). . . . . 16 Amendment of Criminal Practice Rules 1999 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Insertion of new r 54A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 54A Definitions for ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Amendment of r 55 (Custody of exhibits) . . . . . . . . . . . . . . . . . . . 30 Amendment of r 56 (Inspection of exhibits) . . . . . . . . . . . . . . . . . 30 Amendment of r 56A (Copying for publication of exhibits) . . . . . . 30 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 31

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This rule may be cited as the Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 . 2 Commencement This rule commences on 1 July 2013. Part 2 Amendment of Uniform Civil Procedure Rules 1999 3 Rules amended This part amends the Uniform Civil Procedure Rules 1999. 4 Replacement of schs 1 and 2 Schedules 1 and 2— omit , insert — Page 2 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] Schedule 1 Scale of costs—Supreme Court rule 691(2)(a) $ (including GST) General care and conduct 1 In addition to an amount that is to be allowed under another item of this schedule, the amount that is to be allowed for a solicitor’s care and conduct of a proceeding is the amount the registrar considers reasonable having regard to the circumstances of the proceeding including, for example— (a) the complexity of the proceeding; and (b) the difficulty and novelty of any question raised in the proceeding; and (c) the importance of the proceeding to the party; and (d) the amount involved; and (e) the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor; and (f) the number and importance of the documents prepared or perused, without regard to the length of the documents; and (g) the time spent by the solicitor; and (h) research and consideration of questions of law and fact. 2013 SL No. 123 Page 3

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) Registrar’s discretion 2 For a matter for which a cost is not provided for in this schedule, the amount to be allowed is the cost the registrar considers reasonable. Costs on quarter-hourly basis 3 If, under an item of this schedule, costs in relation to a matter are allowable on a quarter-hourly basis, the amount to be allowed is— (a) for less than a quarter-hour spent on the matter—the cost of 1 quarter-hour; or (b) for part of a quarter-hour after the first quarter-hour spent on the matter—a proportionate amount of the cost of 1 quarter-hour. Drafting documents 4 Drafting a document—for each 100 words . . . . . . . . . 20.70 Producing documents 5 Producing a document in final form—for each 100 words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.95 Preparing exhibit certificates 6 Preparing an exhibit certificate—for each exhibit, including a paginated book . . . . . . . . . . . . . . . . . . . . . Copying documents 7 Copying a document—for each page . . . . . . . . . . . . . 3.90 0.25 Page 4 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) Perusing documents 8 Perusing a document—for each 100 words . . . . . . . . . 4.95 Examining or comparing documents 9 Examining a document or comparing documents, if perusal is unnecessary— (a) by a solicitor—for each quarter-hour . . . . . . . . . (b) by an employee—for each quarter-hour . . . . . . . 73.50 21.70 Serving documents 10 Serving on a person 1 or more documents at the same time— (a) personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served . . . . . . . . . . . . . . . However, if the registrar considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount the registrar considers reasonable. (b) ordinary service . . . . . . . . . . . . . . . . . . . . . . . . . . (c) service by post . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) service by facsimile— (i) for the first page. . . . . . . . . . . . . . . . . . . . . . (ii) for each extra page. . . . . . . . . . . . . . . . . . . . (e) service by email . . . . . . . . . . . . . . . . . . . . . . . . . . 42.90 26.90 19.60 8.90 1.10 8.90 2013 SL No. 123 Page 5

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) Attendances 11 Attendance, if capable of being done by an employee— (a) to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order; or (b) to search; or (c) to do something of a similar nature . . . . . . . . . . . 26.90 12 Attendance by telephone that does not involve the exercise of skill or legal knowledge. . . . . . . . . . . . . . . 18.10 13 Attendance in court, mediation or case appraisal, at a compulsory conference or before the registrar, by a solicitor who appears without a barrister—for each quarter-hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81.50 14 Attendance for a hearing or trial held at a place other than the town where the solicitor lives or carries on business— (a) by the solicitor— (i) for the time spent in attendance at the hearing or trial—for each quarter-hour . . . . 74.50 (ii) for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial— (A) for an absence of 4 hours or less . . . . . 560.00 (B) for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours . . . . . . . . . . . . . . 36.20 (iii) the expenses the registrar considers reasonable for each day of absence, including Saturdays and Sundays; and Page 6 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) (iv) the actual expenses of transport to and from the hearing or trial the registrar considers reasonable; or (b) by the solictor’s employee—the amount the registrar considers reasonable. However, if the solicitor’s absence is to attend more than 1 hearing or trial at the same place, the costs are to be divided proportionately. 15 Attendance at a callover, to be apportioned if the attendance is for more than 1 proceeding . . . . . . . . . . 49.10 16 Other attendances— (a) by a solicitor, involving skill or legal knowledge—for each quarter-hour . . . . . . . . . . . 74.50 (b) by an employee—for each quarter-hour . . . . . . . 21.70 However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court. Correspondence 17 (1) A short letter of a formal nature, written or received, or forwarding a document without comment. . . . . . . . (2) An ordinary letter, written or received, including a letter between principal and agent . . . . . . . . . . . . . . . . (3) A special letter involving skill or legal knowledge, including an allowance for drafting and producing. . . However, if the registrar considers a higher amount is reasonable for a special letter involving skill or legal knowledge, the amount the registrar considers reasonable. (4) Correspondence between offices of the same firm of solicitors—the allowance that would have been allowable if an agent had been engaged and the engagement was normal and reasonable in the circumstances. 2013 SL No. 123 14.40 36.20 47.00 Page 7

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) Sending documents 18 Postage, carriage or transmission of documents, in addition to the other costs allowed under this schedule— (a) for facsimile transmissions— (i) for the first page. . . . . . . . . . . . . . . . . . . . . . (ii) for each extra page. . . . . . . . . . . . . . . . . . . . (b) for email transmissions . . . . . . . . . . . . . . . . . . . . (c) for the postage, carriage or transmission of any other document—the amount the registrar considers reasonable. Electronic conduct of proceedings 19 (1) Printing an email, sent or received, or electronically scanning or imaging a document, other than a document mentioned in subitem (3)—for each page. . (2) Examining an electronic document or comparing electronic documents, including emails, if perusal is unnecessary—for each 100 words . . . . . . . . . . . . . . . . (3) Preparing a document for disclosure, or to be exchanged electronically, by— (a) bar coding the document—for each page . . . . . . (b) electronically scanning or imaging the document—for each page . . . . . . . . . . . . . . . . . . (c) entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.90 1.10 8.90 0.60 1.00 0.60 0.60 4.95 Page 8 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) (4) To the extent a proceeding is conducted electronically, costs, including the costs of any electronic service provider, to the extent the registrar considers the costs have been reasonably incurred and paid. Fixed cost items 20 Costs for issuing a claim . . . . . . . . . . . . . . . . . . . . . . . 21 Costs for obtaining judgment under chapter 9, part 1, division 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Costs for obtaining an enforcement warrant . . . . . . . . 695.00 336.50 269.00 2013 SL No. 123 Page 9

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] Schedule 2 Scale of costs—District Court rule 691(2)(b) $ (including GST) General care and conduct 1 In addition to an amount that is to be allowed under another item of this schedule, the amount that is to be allowed for a solicitor’s care and conduct of a proceeding is the amount the registrar considers reasonable having regard to the circumstances of the proceeding including, for example— (a) the complexity of the proceeding; and (b) the difficulty and novelty of any question raised in the proceeding; and (c) the importance of the proceeding to the party; and (d) the amount involved; and (e) the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor; and (f) the number and importance of the documents prepared or perused, without regard to the length of the documents; and (g) the time spent by the solicitor; and (h) research and consideration of questions of law and fact. Page 10 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) Registrar’s discretion 2 For a matter for which a cost is not provided for in this schedule, the amount to be allowed is the cost the registrar considers reasonable. Costs on quarter-hourly basis 3 If, under an item of this schedule, costs in relation to a matter are allowable on a quarter-hourly basis, the amount to be allowed is— (a) for less than a quarter-hour spent on the matter—the cost of 1 quarter-hour; or (b) for part of a quarter-hour after the first quarter-hour spent on the matter—a proportionate amount of the cost of 1 quarter-hour. Drafting documents 4 Drafting a document—for each 100 words . . . . . . . . . 19.60 Producing documents 5 Producing a document in final form—for each 100 words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.95 Preparing exhibit certificates 6 Preparing an exhibit certificate—for each exhibit, including a paginated book . . . . . . . . . . . . . . . . . . . . . 3.90 Copying documents 7 Copying a document—for each page . . . . . . . . . . . . . 0.25 2013 SL No. 123 Page 11

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) Perusing documents 8 Perusing a document—for each 100 words . . . . . . . . . 3.90 Examining or comparing documents 9 Examining a document or comparing documents, if perusal is unnecessary— (a) by a solicitor—for each quarter-hour . . . . . . . . . (b) by an employee—for each quarter-hour . . . . . . . 61.00 19.60 Serving documents 10 Serving on a person 1 or more documents at the same time— (a) personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served . . . . . . . . . . . . . . . However, if the registrar considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount the registrar considers reasonable. (b) ordinary service . . . . . . . . . . . . . . . . . . . . . . . . . . (c) service by post . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) service by facsimile— (i) for the first page. . . . . . . . . . . . . . . . . . . . . . (ii) for each extra page. . . . . . . . . . . . . . . . . . . . (e) service by email . . . . . . . . . . . . . . . . . . . . . . . . . . 42.90 26.90 19.60 8.90 1.10 8.90 Page 12 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) Attendances 11 Attendance, if capable of being done by an employee— (a) to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order; or (b) to search; or (c) to do something of a similar nature . . . . . . . . . . . 26.90 12 Attendance by telephone that does not involve the exercise of skill or legal knowledge. . . . . . . . . . . . . . . 18.10 13 Attendance in court, mediation or case appraisal, at a compulsory conference or before the registrar, by a solicitor who appears without a barrister—for each quarter-hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69.35 14 Attendance for a hearing or trial held at a place other than the town where the solicitor lives or carries on business— (a) by the solicitor— (i) for the time spent in attendance at the hearing or trial—for each quarter-hour . . . . 61.00 (ii) for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial— (A) for an absence of 4 hours or less . . . . . 486.50 (B) for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours . . . . . . . . . . . . . . 30.00 (iii) the expenses the registrar considers reasonable for each day of absence, including Saturdays and Sundays; and 2013 SL No. 123 Page 13

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 4] $ (including GST) (iv) the actual expenses of transport to and from the hearing or trial the registrar considers reasonable; or (b) by the solictor’s employee—the amount the registrar considers reasonable. However, if the solicitor’s absence is to attend more than 1 hearing or trial at the same place, the costs are to be divided proportionately. 15 Attendance at a callover, to be apportioned if the attendance is for more than 1 proceeding . . . . . . . . . . 49.10 16 Other attendances— (a) by a solicitor, involving skill or legal knowledge—for each quarter-hour . . . . . . . . . . . 61.00 (b) by an employee—for each quarter-hour . . . . . . . 19.65 However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court. Correspondence 17 (1) A short letter of a formal nature, written or received, or forwarding a document without comment. . . . . . . . (2) An ordinary letter, written or received, including a letter between principal and agent . . . . . . . . . . . . . . . . (3) A special letter involving skill or legal knowledge, including an allowance for drafting and producing. . . However, if the registrar considers a higher amount is reasonable for a special letter involving skill or legal knowledge, the amount the registrar considers reasonable. (4) Correspondence between offices of the same firm of solicitors—the allowance that would have been allowable if an agent had been engaged and the engagement was normal and reasonable in the circumstances. 14.50 36.20 39.80 Page 14 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] $ (including GST) (4) To the extent a proceeding is conducted electronically, costs, including the costs of any electronic service provider, to the extent the registrar considers the costs have been reasonably incurred and paid. Fixed cost items 20 Costs for issuing a claim . . . . . . . . . . . . . . . . . . . . . . . 21 Costs for obtaining judgment under chapter 9, part 1, division 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Costs for obtaining an enforcement warrant . . . . . . . . 637.00 300.00 222.50 5 Amendment of sch 3 (Scale of costs—Magistrates Courts) Schedule 3, parts 2 and 3— omit , insert — Page 16 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] Part 2 Costs (up to $50000) A Under $751 B $751 to $1 500 C $1 501 to $2 500 DE FG $2 501 $5 001 $10 001 $20 001 to to to to $5 000 $10 000 $20 000 $50 000 $ $ $ $ $ $ $ (including GST) 1 Instructions to sue—claim and statement of claim and service. . . . . . . . . . . . . . . . . 201.00 269.00 352.00 665.00 825.00 1 154.00 1 154.00 2 Instructions to defend—notice of intention to defend and defence and filing . . . . . . . . . . . . . . . . . . 201.00 269.00 352.00 665.00 825.00 1 154.00 1 154.00 3 Appearance in court in undefended proceedings (or in defended proceedings in which a claim or defence is not proceeded with—additional to costs for instructions to sue but including costs under item 4) to obtain judgment . . . . . 65.00 65.00 93.00 155.00 196.50 258.00 258.00 4 Obtaining judgment by default. . . . . . . . . . . . . . . . . 65.00 65.00 93.00 155.00 196.50 258.00 258.00 5 Preparing for trial, including directions conference— (a) including brief if counsel engaged . . . . 540.00 714.00 869.00 1 995.00 2 505.00 3 505.00 3 855.00 (b) if no counsel engaged 352.00 600.00 690.00 1 670.00 2 075.00 2 910.00 3 215.00 An amount agreed between the parties or allowed by the court or the registrar is to be allowed proportionate to the extent of the work done if— (a) a matter is settled before the directions conference or not proceeded with; or 2013 SL No. 123 Page 17

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] A Under $751 B $751 to $1 500 C $1 501 to $2 500 DE FG $2 501 $5 001 $10 001 $20 001 to to to to $5 000 $10 000 $20 000 $50 000 $ $ $ $ $ $ $ (including GST) (b) costs are awarded in favour of a party for part only of the total proceedings. 6 Counsel’s fees— (a) to settle claim and statement of claim, counterclaim, notice of intention to defend or notice of appeal . . . – – – – 181.00 248.00 269.00 (b) to settle special affidavit, reply or particulars that the magistrate or registrar is satisfied are reasonably necessary or proper . . . . . . . . . . – – – – 103.50 160.50 176.00 (c) to settle interrogatories or answers to interrogatories that the magistrate or registrar is satisfied are reasonably necessary or proper. . . . . . . . . . . – – – – 181.00 243.00 264.00 (d) on conference, inspection of works or other site inspection, or a similar attendance that the magistrate or registrar is satisfied is reasonably necessary or proper—each hour – – – – 181.00 248.00 269.00 (e) to advise on evidence or for any other opinion. . . . . . . . . . . . – – – – 201.00 258.00 284.00 (f) on trial or hearing (other than an application in a proceeding)—first day 505.00 625.00 760.00 859.00 1 120.00 1 584.00 1 739.00 Page 18 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] A Under $751 B $751 to $1 500 C $1 501 to $2 500 DE FG $2 501 $5 001 $10 001 $20 001 to to to to $5 000 $10 000 $20 000 $50 000 $ $ $ $ $ $ $ (including GST) (g) on each subsequent day of hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court) . . . . . . . . . . . . . 346.00 424.00 505.00 574.00 750.00 1 060.00 1 154.00 (h) on each subsequent day of hearing not included in paragraph (g) . . . . . . . . . . . . . . . 176.00 212.00 248.00 284.00 383.00 520.00 585.00 (i) if a proceeding is heard outside the town where counsel ordinarily practises, a further fee by way of out-of-chambers fee (not less than $60.00 a day) may be allowed for each day it is not reasonably practicable for counsel to be in attendance at chambers for a total of at least 1 hour, between 8.30a.m. and 5.30p.m. (j) on an application in a proceeding . . . . . . . . . – – – – 186.00 253.00 269.00 (k) to hear deferred judgment . . . . . . . . . . – – – – 93.00 139.50 155.00 7 Solicitor on hearing— (a) appearance without counsel on hearing—first day . . . 520.00 600.00 690.00 730.00 910.00 1 288.60 1 415.00 2013 SL No. 123 Page 19

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] A Under $751 B $751 to $1 500 C $1 501 to $2 500 DE FG $2 501 $5 001 $10 001 $20 001 to to to to $5 000 $10 000 $20 000 $50 000 $ $ $ $ $ $ $ (including GST) (b) appearance without counsel on second and each subsequent day of hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court) . . . . . . . . . . . . . (c) attendance of clerk with solicitor acting as advocate—each day. . Costs under paragraph (c) are not allowed if the court certifies the attendance of the clerk was not reasonably required. 352.00 53.50 445.00 68.00 491.00 83.50 491.00 248.00 625.00 284.00 885.00 284.00 970.00 284.00 8 On hearing with counsel— (a) attendance of solicitor with counsel (if the attendance is certified for by the court)—each day . . . . 227.00 269.00 310.00 367.00 450.00 635.00 695.00 (b) attendance of clerk with counsel—each day . . . . . . . . . . . . . . . 53.50 68.00 83.50 248.00 284.00 284.00 284.00 Costs under paragraph (b) are not allowed if the court certifies the attendance of the clerk was not reasonably required. 9 Proof of damages (if the opposite party fails to appear, or fails to file a notice of intention to defend and defence—additional to costs for instructions to sue but including costs under item 3 or 4)— Page 20 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] A Under $751 B $751 to $1 500 C $1 501 to $2 500 DE FG $2 501 $5 001 $10 001 $20 001 to to to to $5 000 $10 000 $20 000 $50 000 $ $ $ $ $ $ $ (including GST) (a) counsel’s fees (if no fee is payable under item 6(f)) . . . . . . . . . . 201.00 227.00 248.00 264.00 346.00 486.00 520.00 (b) solicitor for appearance without counsel. . . . . . . . . . . . 201.00 227.00 248.00 248.00 305.00 440.00 481.00 10 Other applications to the court (other than an application for an adjournment) . . . . . . . . . . . 144.50 144.50 170.50 295.00 383.00 515.00 579.00 11 Instructions— (a) for disclosure, preparing list of documents and making inspection and copies of documents— (i) allowance to party requesting disclosure . . . . . . (ii) allowance to party making disclosure . . . . . . (b) for interrogatories and answers to interrogatories (including preparation, filing and perusing)— (i) allowance to party delivering interrogatories . . . (ii) allowance to party answering interrogatories . . . 65.00 108.50 144.50 222.00 284.00 341.00 367.00 65.00 108.50 144.50 505.00 555.00 620.00 675.00 65.00 108.50 144.50 383.00 403.00 419.00 465.00 65.00 108.50 144.50 357.00 372.00 393.00 424.00 2013 SL No. 123 Page 21

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] A Under $751 B $751 to $1 500 C $1 501 to $2 500 DE FG $2 501 $5 001 $10 001 $20 001 to to to to $5 000 $10 000 $20 000 $50 000 $ $ $ $ $ $ $ (including GST) 12 Enforcement hearing— (a) counsel’s fees. . . . . . . 346.00 346.00 346.00 393.00 486.00 675.00 750.00 (b) if no counsel engaged 227.00 227.00 248.00 341.00 419.00 595.00 650.00 13 Enforcement warrant— (a) costs of preparing warrant and attending issuing and for return—to be marked on warrant (exclusive of court or other fees) (b) costs of registration of warrant against land. . 65.00 65.00 65.00 65.00 74.50 155.00 196.50 258.00 284.00 74.50 155.00 196.50 258.00 284.00 14 Warrant (other than enforcement warrant)—costs of preparing warrant and attending issuing and for return . . . . . . . . . . . . . . . . . 65.00 65.00 74.50 155.00 196.50 258.00 284.00 15 Applying for summary judgment or showing cause against a summary judgment application . . . . . 65.00 65.00 74.50 155.00 196.50 258.00 284.00 Page 22 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] Part 3 Costs (over $50000) This part applies if the amount recovered or claimed by the plaintiff is over $50000. $ (including GST) General care and conduct 1 In addition to an amount that is to be allowed under another item of this schedule, the amount that is to be allowed for a solicitor’s care and conduct of a proceeding is the amount the registrar considers reasonable having regard to the circumstances of the proceeding including, for example— (a) the complexity of the proceeding; and (b) the difficulty and novelty of any question raised in the proceeding; and (c) the importance of the proceeding to the party; and (d) the amount involved; and (e) the skill, labour, specialised knowledge and responsibility involved in the proceeding on the part of the solicitor; and (f) the number and importance of the documents prepared or perused, without regard to the length of the documents; and (g) the time spent by the solicitor; and (h) research and consideration of questions of law and fact. 2013 SL No. 123 Page 23

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] $ (including GST) Registrar’s discretion 2 For a matter for which a cost is not provided for in this schedule, the amount to be allowed is the cost the registrar considers reasonable. Costs on quarter-hourly basis 3 If, under an item of this schedule, costs in relation to a matter are allowable on a quarter-hourly basis, the amount to be allowed is— (a) for less than a quarter-hour spent on the matter—the cost of 1 quarter-hour; or (b) for part of a quarter-hour after the first quarter-hour spent on the matter—a proportionate amount of the cost of 1 quarter-hour. Drafting documents 4 Drafting a document—for each 100 words . . . . . . . . . 15.50 Producing documents 5 Producing a document in final form—for each 100 words . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00 Preparing exhibit certificates 6 Preparing an exhibit certificate—for each exhibit, including a paginated book . . . . . . . . . . . . . . . . . . . . . 3.10 Copying documents 7 Copying a document—for each page . . . . . . . . . . . . . 0.20 Page 24 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] $ (including GST) Perusing documents 8 Perusing a document—for each 100 words . . . . . . . . . 3.10 Examining or comparing documents 9 Examining a document or comparing documents, if perusal is unnecessary— (a) by a solicitor—for each quarter-hour . . . . . . . . . (b) by an employee—for each quarter-hour . . . . . . . 48.60 15.50 Serving documents 10 Serving on a person 1 or more documents at the same time— (a) personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served . . . . . . . . . . . . . . . However, if the registrar considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount the registrar considers reasonable. (b) ordinary service . . . . . . . . . . . . . . . . . . . . . . . . . . (c) service by post . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) service by facsimile— (i) for the first page. . . . . . . . . . . . . . . . . . . . . . (ii) for each extra page. . . . . . . . . . . . . . . . . . . . (e) service by email . . . . . . . . . . . . . . . . . . . . . . . . . . 34.60 21.70 15.50 7.10 0.80 7.10 Attendances 11 Attendance, if capable of being done by an employee— 2013 SL No. 123 Page 25

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] $ (including GST) (a) to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order; or (b) to search; or (c) to do something of a similar nature . . . . . . . . . . . 21.70 12 Attendance by telephone that does not involve the exercise of skill or legal knowledge. . . . . . . . . . . . . . . 14.40 13 Attendance in court, mediation or case appraisal, at a compulsory conference or before the registrar, by a solicitor who appears without a barrister—for each quarter-hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54.50 14 Attendance for a hearing or trial held at a place other than the town where the solicitor lives or carries on business— (a) by the solicitor— (i) for the time spent in attendance at the hearing or trial—for each quarter-hour . . . . 48.60 (ii) for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial— (A) for an absence of 4 hours or less . . . . . 393.00 (B) for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours . . . . . . . . . . . . . . 23.80 (iii) the expenses the registrar considers reasonable for each day of absence, including Saturdays and Sundays; and (iv) the actual expenses of transport to and from the hearing or trial the registrar considers reasonable; or (b) by the solictor’s employee—the amount the registrar considers reasonable. Page 26 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] $ (including GST) However, if the solicitor’s absence is to attend more than 1 hearing or trial at the same place, the costs are to be divided proportionately. 15 Attendance at a call-over, to be apportioned if the attendance is for more than 1 proceeding . . . . . . . . . . 39.80 16 Other attendances— (a) by a solicitor, involving skill or legal knowledge—for each quarter-hour . . . . . . . . . . . 48.60 (b) by an employee—for each quarter-hour . . . . . . . 15.50 However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court. Correspondence 17 (1) A short letter of a formal nature, written or received, or forwarding a document without comment. . . . . . . . (2) An ordinary letter, written or received, including a letter between principal and agent . . . . . . . . . . . . . . . . (3) A special letter involving skill or legal knowledge, including an allowance for drafting and producing. . . However, if the registrar considers a higher amount is reasonable for a special letter involving skill or legal knowledge, the amount the registrar considers reasonable. (4) Correspondence between offices of the same firm of solicitors—the allowance that would have been allowable if an agent had been engaged and the engagement was normal and reasonable in the circumstances. 11.90 28.90 31.50 2013 SL No. 123 Page 27

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 2 Amendment of Uniform Civil Procedure Rules 1999 [s 5] $ (including GST) Sending documents 18 Postage, carriage or transmission of documents, in addition to the other costs allowed under this schedule— (a) for facsimile transmissions— (i) for the first page. . . . . . . . . . . . . . . . . . . . . . 7.10 (ii) for each extra page. . . . . . . . . . . . . . . . . . . . 0.80 (b) for email transmissions . . . . . . . . . . . . . . . . . . . . 7.10 (c) for the postage, carriage or transmission of any other document—the amount the registrar considers reasonable. Electronic conduct of proceedings 19 (1) Printing an email, sent or received, or electronically scanning or imaging a document, other than a document mentioned in subitem (3)—for each page. . (2) Examining an electronic document or comparing electronic documents, including emails, if perusal is unnecessary—for each 100 words . . . . . . . . . . . . . . . . (3) Preparing a document for disclosure, or to be exchanged electronically, by— (a) barcoding the document—for each page . . . . . . . (b) electronically scanning or imaging the document—for each page . . . . . . . . . . . . . . . . . . (c) entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.40 0.80 0.40 0.40 4.00 Page 28 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 3 Amendment of Criminal Practice Rules 1999 [s 6] $ (including GST) (4) To the extent a proceeding is conducted electronically, costs, including the costs of any electronic service provider, to the extent the registrar considers the costs have been reasonably incurred and paid. Fixed cost items 20 Costs for issuing a claim . . . . . . . . . . . . . . . . . . . . . . . 21 Costs for obtaining judgment under chapter 9, part 1, division 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Costs for obtaining an enforcement warrant . . . . . . . . 505.00 238.00 181.00 Part 3 Amendment of Criminal Practice Rules 1999 6 Rules amended This part amends the Criminal Practice Rules 1999. 7 Insertion of new r 54A Chapter 12, before rule 55— insert — 54A Definitions for ch 12 In this chapter— trial includes— (a) a proceeding for a person’s bail or remand; and (b) a committal proceeding; and 2013 SL No. 123 Page 29

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 3 Amendment of Criminal Practice Rules 1999 [s 8] (c) a proceeding in which a person is to be sentenced. trial judge means— (a) for a proceeding for a person’s bail or remand—the judge or magistrate, or a justice constituting a Magistrates Court, who presides or presided at the proceeding; or (b) for a committal proceeding—a magistrate, or a justice constituting a Magistrates Court, who presides or presided at the proceeding; or (c) otherwise—the judge or magistrate, or 2 justices constituting a Magistrates Court, who preside or presided at the court of trial. 8 Amendment of r 55 (Custody of exhibits) Rule 55(2), ‘of trial’— omit . 9 Amendment of r 56 (Inspection of exhibits) Rule 56(1), ‘of trial’— omit . 10 Amendment of r 56A (Copying for publication of exhibits) (1) Rule 56A(1), after ‘may’— insert — , on payment of the fee prescribed under a regulation, (2) Rule 56A(3), after ‘permitting’— insert — , on payment of the fee prescribed under a regulation, Page 30 2013 SL No. 123

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 3 Amendment of Criminal Practice Rules 1999 [s 11] (3) Rule 56A(4)(n), ‘and whether the applicant offers to bear the cost of the copying’— omit . (4) Rule 56A— insert — (5) For opening or keeping open the registry to make an application or copy an exhibit under this rule, the applicant must pay the fee prescribed under a regulation. 11 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions trial and trial judge — omit . (2) Schedule 6— insert — trial — (a) generally—includes a proceeding in which a person is to be sentenced; and (b) for chapter 12—see rule 54A. trial judge — (a) generally—means the judge who presides or presided at the court of trial; and (b) for chapter 11—includes a magistrate and 2 justices constituting a Magistrates Court; and (c) for chapter 12—see rule 54A. 2013 SL No. 123 Page 31

Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 Part 3 Amendment of Criminal Practice Rules 1999 [s 11] ENDNOTES 1 Made by the Governor in Council on 27 June 2013. 2 Notified in the gazette on 28 June 2013. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 32 2013 SL No. 123