Untitled document
Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012
S.R. No. 142/2012
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Definitions and application
6New Rule 63.01.1
63.01.1Taxing of costs in proceedings in County Court, Magistrates' Court and VCAT
7Judicial registrars
8Rule 63.17 substituted
63.17Amendment
9Rule 63.20 substituted
63.20Interlocutory application
10New Rule 63.20.1
63.20.1Taxation of costs on interlocutory application or
hearing
11Rule 63.22 substituted
63.22Costs reserved
12Evidence transcript costs
13Money claim in wrong court
14Other claim in wrong court
15Rule 63.28 substituted
63.28Bases of taxation
16Party and party basis
17Rule 63.30 substituted
63.30Standard basis
18Rule 63.31 substituted
63.31Usual basis of taxation
19Revocation of Rules 63.32 and 63.33
20Charges of legal practitioner
21Heading to Part 5 of Order 63 amended
22Application
23Content of bill of costs
24Rule 63.44 substituted
63.44Charge of legal practitioner for work done out of Victoria
25Discretionary costs
26Reconsideration of order of Costs Judge
27Reconsideration or review by Costs Court constituted by
judicial registrar28Review by Costs Judge of judicial registrar decisions
29Review by Judge of the Court
30Rules 63.59 to 63.61 substituted
63.59Basis of taxation of costs payable by client
63.60Taxation between solicitor and client
63.61Basis of taxation of costs payable otherwise than by client
31Rule 63.69 revoked
32Rule 63.72 substituted
63.72Increase or decrease of amounts in Scales
33Rule 63.82 substituted
63.82Hearing and trial fees
34Rule 63.84 revoked
35Rule 63.85 substituted
63.85Bill reduced by 15 per cent
36Notice of estimate and filing of bill
37New Part 9 inserted
PART 9—TRANSITIONAL PROVISIONS
63.90Transitional provisions—Supreme Court (Chapter I
New Scale of Costs and Other Costs Amendments) Rules 2012
38Scale of costs—Appendices A and B substituted
Appendix A—Supreme Court Scale of Costs
Appendix B—Supreme Court Witnesses' Expenses and Interpreters' Allowances
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ENDNOTES
STATUTORY RULES 2012
S.R. No. 142/2012
Supreme Court Act 1986
Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012
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—
(a)to provide for a new scale of costs in Appendices A and B; and
(b)to make other amendments to Order 63.
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 April 2013.
4Principal Rules
In these Rules, the Supreme Court (General Civil Procedure) Rules 2005[1] are called the Principal Rules.
5Definitions and application
(1)In Rule 63.01(1) of the Principal Rules, in the definition of costs, after "disbursements" insert "and reasonable costs of recording and transcript".
(2)For Rule 63.01(3) of the Principal Rules substitute—
"(3)This Order applies—
(a)to costs payable or to be taxed under these Rules or any order of the Court;
(b)to costs to be taxed in the Court or the Costs Court under any Act; and
(c)to costs to be taxed in the Costs Court under Rule 63.01.1 or under the rules of, or under any order or decision of, the County Court, the Magistrates' Court or VCAT.".
6New Rule 63.01.1
After Rule 63.01 of the Principal Rules insert—
63.01.1Taxing of costs in proceedings in County Court, Magistrates' Court and VCAT"
For the purposes of section 17D(1)(b) of the Supreme Court Act 1986, costs in proceedings in the County Court, the Magistrates' Court and VCAT are to be taxed in the Costs Court, save to the extent that the rules of the County Court, the rules of the Magistrates' Court or the rules of VCAT, or any order or decision of the County Court, the Magistrates' Court or VCAT, provides to the contrary.".
7Judicial registrars
In the Principal Rules—
(a)in Rule 63.05(b) before "a Costs Registrar" insert "a judicial registrar,";
(b)in Rule 63.06 before "a Costs Registrar" insert "a judicial registrar,";
(c)in Rule 63.08(1) before "a Costs Registrar" insert "a judicial registrar,";
(d)in Rule 63.08(2) before "Costs Registrar" insert "judicial registrar,".
8Rule 63.17 substituted
For Rule 63.17 of the Principal Rules substitute—
63.17Amendment"
Where a pleading is amended (whether with or without leave) the costs of and occasioned by the amendment and the costs of any application for leave to make the amendment are the parties' costs in the proceeding, unless the Court otherwise orders.".
9Rule 63.20 substituted
For Rule 63.20 of the Principal Rules substitute—
63.20Interlocutory application"
Where an interlocutory or other application is made in a proceeding and—
(a)no order is made on the application; or
(b)the order made is silent as to costs—
the costs are the parties' costs in the proceeding, unless the Court otherwise orders.".
10New Rule 63.20.1
Before Rule 63.21 of the Principal Rules insert—
"63.20.1 Taxation of costs on interlocutory application or hearing
If an order for costs is made on an interlocutory application or hearing, the party in whose favour the order is made shall not tax those costs until the proceeding in which the order is made is completed, unless the Court orders that the costs may be taxed immediately.".
11Rule 63.22 substituted
For Rule 63.22 of the Principal Rules substitute—
"63.22 Costs reserved
Where by order of the Court the costs of any interlocutory or other application, or of any step in a proceeding, are reserved, the reserved costs are the parties' costs in the proceeding, unless the Court otherwise orders.".
12Evidence transcript costs
Rule 63.22.1 of the Principal Rules is revoked.
13Money claim in wrong court
(1)In Rule 63.24(1) of the Principal Rules—
(a)omit "(other than a proceeding in which the jurisdiction of the County Court is unlimited)";
(b)for "one-half of the amount to which the jurisdiction of the County Court is limited" substitute "$100 000".
(2)In Rule 63.24(3) of the Principal Rules for "be entitled to judgment exceeds one-half of the amount to which the jurisdiction of the County Court is limited" substitute "otherwise be entitled to judgment exceeds $100 000".
14Other claim in wrong court
In Rule 63.25(b) of the Principal Rules for "one‑half of the amount or value to which the jurisdiction of the County Court is limited" substitute "$100 000".
15Rule 63.28 substituted
For Rule 63.28 of the Principal Rules substitute—
"63.28 Bases of taxation
Subject to this Part, costs in a proceeding which are to be taxed shall be taxed on—
(a)a standard basis;
(b)an indemnity basis; or
(c)such other basis as the Court may direct.".
16Party and party basis
Rule 63.29 of the Principal Rules is revoked.
17Rule 63.30 substituted
For Rule 63.30 of the Principal Rules substitute—
63.30Standard basis"
On a taxation on a standard basis, all costs reasonably incurred and of reasonable amount shall be allowed.".
18Rule 63.31 substituted
For Rule 63.31 of the Principal Rules substitute—
63.31Usual basis of taxation"
Except as provided by these Rules or any order of the Court, including the Costs Court, costs shall be taxed on the standard basis.".
19Revocation of Rules 63.32 and 63.33
Rules 63.32 and 63.33 of the Principal Rules are revoked.
20Charges of legal practitioner
(1)In the heading to Rule 63.34 of the Principal Rules for "solicitor" substitute "legal practitioner".
(2)For Rule 63.34(1) of the Principal Rules substitute—
"(1)Subject to paragraph (3), a legal practitioner for a party to whom costs are payable (whether the basis of taxation is the standard basis or the indemnity basis) shall be entitled to charge and be allowed costs in accordance with the Scale in Appendix A unless the Court or the Costs Court otherwise orders.".
(3)In Rule 63.34(3) of the Principal Rules for "solicitor's" substitute "legal practitioner's".
21Heading to Part 5 of Order 63 amended
In the heading to Part 5 of Order 63 of the Principal Rules omit "PARTY AND PARTY".
22Application
In Rule 63.37(1) of the Principal Rules—
(a)in paragraph (b), for "Costs Court." substitute "Costs Court;";
(b)after paragraph (b) insert—
"(c)the costs of any proceeding in the County Court, the Magistrates' Court or VCAT which are to be taxed in the Court, including the Costs Court.".
23Content of bill of costs
In Rule 63.42(2) of the Principal Rules—
(a)in paragraph (b) for "that item." substitute "that item;";
(b)after paragraph (b) insert—
"(c)disclosure of the actual hourly rates charged to the party.".
24Rule 63.44 substituted
For Rule 63.44 of the Principal Rules substitute—
"63.44 Charge of legal practitioner for work done out of Victoria
Where a bill includes a charge for work done out of Victoria by a legal practitioner—
(a)so far as is practicable, the charge shall, if allowed, be allowed in an amount appropriate to the place where the work was done; and
(b)except where the work was done by a legal practitioner who is a member of, or employed by, the same legal practice, the charge shall be shown as a disbursement.".
25Discretionary costs
For Rule 63.48(2) of the Principal Rules substitute—
"(2)In exercising the discretion under paragraph (1), the Costs Court shall have regard to—
(a)the complexity of the matter;
(b)the difficulty or novelty of the questions involved in the matter;
(c)the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner;
(d)the number and importance of the documents prepared and perused, regardless of length;
(e)the amount or value of money or property involved;
(f)research and consideration of questions of law and fact;
(g)the general care and conduct of the legal practitioner, having regard to the instructions and all relevant circumstances;
(h)the time within which the work was required to be done;
(i)allowances otherwise made in accordance with the Scale in Appendix A;
(j)any other relevant matter.".
26Reconsideration of order of Costs Judge
In Rule 63.56.1(5) of the Principal Rules—
(a)in paragraph (a) after "filed;" insert "and";
(b)paragraph (b) is revoked.
27Reconsideration or review by Costs Court constituted by judicial registrar
In Rule 63.56.2(5) of the Principal Rules—
(a)in paragraph (a) after "filed;" insert "and";
(b)paragraph (b) is revoked.
28Review by Costs Judge of judicial registrar decisions
In Rule 63.56.4(5) of the Principal Rules—
(a)in paragraph (a) after "filed;" insert "and";
(b)paragraph (b) is revoked.
29Review by Judge of the Court
In Rule 63.57(5) of the Principal Rules—
(a)in paragraph (a) after "filed;" insert "and";
(b)paragraph (b) is revoked.
30Rules 63.59 to 63.61 substituted
For Rules 63.59 to 63.61 of the Principal Rules substitute—
63.59Basis of taxation of costs payable by client"
Subject to Rule 63.60, costs payable to a solicitor by the solicitor's client to which this Part applies shall, subject to any Act or any order of the Court or any agreement between the solicitor and the client, be taxed on the standard basis as defined by Rule 63.30.
63.60Taxation between solicitor and client
(1)Costs not reasonably incurred or not of reasonable amount may nevertheless be allowed to a solicitor against a client if—
(a)the costs were incurred with the authority of or the amount was authorised by the client; and
(b)before the costs were incurred the solicitor expressly warned the client that the costs might not be allowed on a taxation of costs as between party and party.
(2)An authority for the purpose of this Rule may be express or implied.
(3)Where the client is a person under disability, references to the client in paragraph (1) include references to the litigation guardian of the client.
63.61Basis of taxation of costs payable otherwise than by client
Costs payable to a solicitor by a person other than the client to which this Part applies shall, subject to any Act or any order of the Court or any agreement between that person and the client, be taxed on the standard basis as defined by Rule 63.30.".
31Rule 63.69 revoked
Rule 63.69 of the Principal Rules is revoked.
32Rule 63.72 substituted
For Rule 63.72 of the Principal Rules substitute—
63.72Increase or decrease of amounts in Scales"
In any particular taxation of costs, the Costs Court may increase or decrease the amount or value of any allowance or expense in Appendix A or Appendix B as the Costs Court thinks fit.".
33Rule 63.82 substituted
For Rule 63.82 of the Principal Rules substitute—
63.82Hearing and trial fees"
(1)Subject to the provisions of any applicable scale, the fees payable to counsel to appear at a hearing or trial shall be at the discretion of the Costs Court which may fix such fees—
(a)on the basis of daily fees;
(b)as a lump sum fee covering the whole of the hearing or trial; or
(c)on such other basis as the Costs Court considers appropriate.
(2)Where such fees are fixed on the basis of daily fees—
(a)the daily fee for the second or any subsequent day of the hearing or trial shall, unless the Costs Court determines otherwise by reason of the special circumstances of the case, include all time spent by counsel in preparation and conferences on that day of the hearing or trial as well as the actual time spent by counsel in Court on the hearing or trial on that day; and
(b)the Costs Court may allow differing amounts in respect of various days of the hearing or trial.".
34Rule 63.84 revoked
Rule 63.84 of the Principal Rules is revoked.
35Rule 63.85 substituted
For Rule 63.85 of the Principal Rules substitute—
63.85Bill reduced by 15 per cent"
If the amount of the professional charges and disbursements in any bill of costs (including a bill of costs payable out of a fund) is reduced by 15 per cent or more, unless the Costs Court otherwise orders, no costs shall be allowed to the solicitor filing the bill for taxation for preparing the bill and for attending the taxation.".
36Notice of estimate and filing of bill
For Rule 63.87(a) of the Principal Rules substitute—
"(a)the Costs Court shall notify the party filing the bill in writing of the date when the Costs Court is to make an estimate; and".
37New Part 9 inserted
After Rule 63.89 of the Principal Rules insert—
PART 9—TRANSITIONAL PROVISIONS"
63.90Transitional provisions—Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012
For the avoidance of doubt, these Rules, as amended by the Supreme Court (Chapter I New Scale of Costs and Other Costs Amendments) Rules 2012, apply to all things done or required to be done or omitted to be done on or after 1 April 2013 in, or in relation to, any proceeding in the Court, including the Costs Court (including all work and all amendments, applications and orders), regardless of the date of commencement of the proceeding.".
38Scale of costs—Appendices A and B substituted
For Appendices A and B to the Principal Rules substitute—
APPENDIX A"
SUPREME COURT SCALE OF COSTS
Scale of fees and charges to be paid to legal practitioners, other than Counsel, and Scale of Counsel's Fees for work done on and after 1 April 2013 in relation to matters in the Supreme Court.
The charges in this Scale are exclusive of any GST chargeable.
| Item and Description | Amount |
| 1. ATTENDANCES, TRAVEL AND WAITING COSTS (a) Attendances requiring legal skill or knowledge by a legal practitioner— | |
| (i) for each unit of 6 minutes or part thereof; | $36.00 |
| (ii) where a legal practitioner attends the Supreme Court for the purposes of instructing (including conferences with counsel or others on the day of the hearing before or after the Supreme Court sits) per hour or part thereof; | $360.00 |
| (iii) where a legal practitioner appears as counsel, at the discretion of the Costs Court having regard to item 19(a) and (j) | |
| (b) Where any attendance, requiring legal skill or knowledge, is by an employee of a legal practice who is not a legal practitioner—for each unit of 6 minutes or part thereof | $27.00 |
| (c) Any other attendance, not requiring legal skill or knowledge, capable of performance by a clerk—for each unit of 6 minutes or part thereof | $21.00 |
| (d) Attendances to file or issue any document or similar attendance | $42.00 |
| (e) Travel time is to be allowed at the rate applicable in item 1(a) and item 1(b) where the individual travels in excess of one hour, for such excess | |
| (f) Waiting time at the Supreme Court is to be allowed at the rate applicable in item 1(a) or item 1(b). | |
| Where the attendance is by telephone or other electronic means, the charge for an attendance includes the charges made by the communication provider. |
| Item and Description | Amount |
| 2. DRAWING DOCUMENTS All documents whether in printed form or otherwise—for each folio |
|
| 3. ENGROSSING AND/OR APPROVAL OF DOCUMENTS Of documents properly drawn by Counsel—for each folio |
|
| 4. REPRODUCTION OF DOCUMENTS By photocopy or other machine made copy including hard copies of electronic documents—for each printed side of a page—at the discretion of the Costs Court. | |
| 5. CORRESPONDENCE (including electronic communications) (a) Message (20 words or less) or letter forwarding documents without explanation, or circular letter (b) Short (one folio or less) (c) Any other letter—for each folio The charge for a letter includes transmission by standard surface post, facsimile, e-mail or other form of electronic transmission and includes the charges made by the communication provider. For each additional page after the first page of a circular letter, a charge pursuant to item 4 shall apply. |
$36.00 $64.80 |
| 6. SERVICE (a) Personal service, including attempts, where reasonable and required and not able to be served by other means (b) By letter in accordance with item 5(b) (c) Or such reasonable charge made by an agent. |
|
| 7. RECEIVING AND FILING Any incoming document, including correspondence, whether by electronic means or otherwise including first page for file. Copies of additional pages received electronically are to be charged pursuant to item 4. |
|
| Item and Description | Amount |
| 8. PERUSALS Of all documents including incoming correspondence— (a) up to three folios; (b) thereafter for each folio | $54.00 $18.00 |
| 9. SCANNING If it is not reasonable to peruse but it is reasonable to scan a document including incoming correspondence—for each folio or part thereof |
|
| 10. EXAMINATION If it is not reasonable to peruse or scan a document but an examination is reasonable—for each page |
|
| 11. REVIEW AND CONSIDERATION Review and consideration of the file or particular parts of the file in preparing to draw or redact documents and letters, for conferences, hearings, taxation of costs and the like—in accordance with item 1(a) and item 1(b). In considering a claim made pursuant to this item, the Costs Court must have regard to any allowances claimed pursuant to items 8, 9 and 10. | |
| 12. DELEGATION AND SUPERVISION In matters where the Costs Court considers it reasonable for more than one legal practitioner to be involved in the conduct of the matters, the Costs Court shall make such additional allowances as are considered reasonable in all the circumstances in accordance with this Scale. Such allowances may include time spent by both principal legal practitioner and delegates in ensuring tasks are properly delegated and supervised—in accordance with item 1(a) and item 1(b). | |
| 13. RESEARCH Where it is appropriate to research a legal question of some complexity that is not procedural in nature—in accordance with item 1(a) or item 1(b), as appropriate. |
| Item and Description | Amount |
| 14. COLLATION, PAGINATION AND INDEXING Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(c). | |
| 15. REDACTION Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate. | |
| 16. ELECTRONIC DOCUMENT MANAGEMENT (a) Database creation, database administration (including establishing design and agreement protocols), database design and implementation—in accordance with item 1(b); (b) Document preparation and document design in compliance with any Supreme Court Practice Note or any Supreme Court order or direction dealing with the use of technology in the management of any civil litigation matter—in accordance with item 1(a), item 1(b) or item 1(c), as appropriate; (c) Imaging of documents to searchable format including rendering to PDF and scanning where necessary—in accordance with item 1(c); (d) Publishing including— (i) electronic exchange and discovery; and (ii) write-to CD/CD ROM/USB or other agreed media— in accordance with item 1(c). |
| Item and Description | Amount |
| 17. SKILL, CARE AND RESPONSIBILITY An additional amount may be allowed, having regard to the circumstances of the case, including— (a) the complexity of the matter; (b) the difficulty or novelty of the questions involved in the matter; (c) the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner; (d) the number and importance of the documents prepared and perused, regardless of length; (e) the amount or value of money or property involved; (f) research and consideration of questions of law and fact; (g) the general care and conduct of the legal practitioner, having regard to the instructions and all relevant circumstances; (h) the time within which the work was required to be done; (i) allowances otherwise made in accordance with this Scale (including allowances for attendances in accordance with item 1); (j) any other relevant matter. | |
| 18. CORPORATIONS SHORT FORM BILL Costs 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 An additional amount may be allowed for any adjournment. A reasonable amount for disbursements is also allowable in addition to the lump sum amount. |
|
| Item and Description | Amount | |
| 19. COUNSEL'S FEES Subject to items 19(j) and 19(k), fees allowed up to a maximum of— (a) appearances— (i) on trial or appeal (daily fee); (ii) any other appearance (per half day for time spent in the hearing); | Junior Counsel $5000.00
| Senior Counsel $7500.00
|
| (b) other matters (for each hour); (c) preparation (for each hour); (d) conferences (not occurring on day of hearing) (for each hour); (e) views (for each hour); (f) drawing or settling documents (for each hour); (g) opinions, advices (for each hour); (h) any other work, not otherwise provided for (for each hour); | $500.00 $500.00
$500.00
$500.00
| $750.00 $750.00
$750.00
$750.00
|
| (i) circuit fees—based on current allowances as provided for in Schedule 1 to Chapter I of the Rules of the County Court; (j) in allowing a fee to Counsel, the Costs Court shall have regard to the following criteria— (i) all criteria in item 17 of the Scale; and (ii) the other fees and allowances to Counsel in the matter; and (iii) payments made for interlocutory work where that work has reduced the work which would otherwise have been necessary in relation to the brief; and (iv) the standing of Counsel; | ||
| Item and Description | Amount | |
| (k) where costs are taxed pursuant to an order of the Supreme Court, Counsel's fees in excess of scale are not to be allowed unless the Supreme Court otherwise orders, but in any other case, the Costs Court has discretion to allow fees in excess of scale. | ||
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APPENDIX B
SUPREME COURT WITNESSES' EXPENSES AND INTERPRETERS' ALLOWANCES
The charges in this Scale apply on and after 1 April 2013 and are exclusive of any GST chargeable.
WITNESSES' EXPENSES
| Item and Description | Amount |
| 1. A person engaged as an expert pursuant to Order 44 or a professional person including accountants, actuaries, analytical chemists, architects, economists, IT consultants, legal practitioners, medical practitioners, medical specialists or consultants, pharmaceutical chemists, psychologists, valuers and similar persons for preparing and giving evidence as an expert or as a witness of fact— (a) per hour or part thereof reasonably absent from professional rooms or place of business (b) but in any event not to exceed in any one day. | $250.00 $3000.00 |
| 2. Person other than a professional person who is engaged in business as a principal on his or her own behalf— (a) per hour or part thereof (b) but in any event not to exceed in any one day. | $200.00 $1800.00 |
| 3. Any other witness— (a) per day (b) but if the witness is remunerated in any employment by wages, salary or fees, the amount lost by the attendance but in any event not to exceed in any one day. | $150.00
|
The Costs Court may allow in addition any appropriate reasonable expense incurred by the witness, e.g. child minding expenses.
A witness attending in more than one proceeding shall be entitled to a proportionate part only of the expense of the proceeding.
The Costs Court may allow a country witness, in addition to the above expenses, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance or sustenance. For this purpose, a witness who does not reside within 50 kilometres of the place of trial or hearing is a country witness.
Where a witness gives evidence as an expert, the Costs Court may allow an amount reasonably incurred and paid to the witness for qualifying to give that evidence.
Notwithstanding anything in the above scale, the Costs Court may allow to an expert witness a special fee for any attendance at the Supreme Court not covered by the scale when the witness assists counsel or solicitors as an expert for a period during the trial or hearing.
Nothing in the scale shall affect the existing practice of allowing qualifying fees to witnesses.
INTERPRETERS' ALLOWANCES
| 4. Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel— (a) per hour or part thereof reasonably absent from professional rooms or place of business (b) but in any event not to exceed in any one day. |
|
| 5. Attending Supreme Court— (a) for absence from place of residence or business for four hours or less (b) and for each hour or part thereof in excess of four hours (c) but in any event not to exceed in any one day. |
|
The Costs Court may allow a country interpreter, in addition to the above allowance, 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 purpose, an interpreter who does not reside within 50 kilometres of the place of trial or hearing is a country interpreter.
Notwithstanding anything in the above scale, the Costs Court may allow an increased amount to a professional interpreter in special circumstances.
__________________".
Dated: 29 November 2012
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
GEOFFREY NETTLE, J.A.
BERNARD D. BONGIORNO, J.A.
D. L. HARPER, J.A.
PAMELA TATE, J.A.
R. S. OSBORN, J.A.
PHILLIP PRIEST, J.A.
D. J. HABERSBERGER, J.
K. WILLIAMS, J.
KEVIN H. BELL, J.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
PAUL COGHLAN, J.
ROSS ROBSON, J.
JACK FORREST, J.
JAMES JUDD, J.
EMILIOS KYROU, J.
DAVID F. R. BEACH, J.
TERRY FORREST, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
ANNE FERGUSON, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
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ENDNOTES
[1] Rule 4: S.R. No. 148/2005. Reprint No. 4 as at 17 September 2012. Reprinted to S.R. No. 97/2012 and subsequently amended by S.R. Nos 39/2012 and 121/2012.
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