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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 registrar

28Review 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


$54.00

3.     ENGROSSING AND/OR APPROVAL OF DOCUMENTS

Of documents properly drawn by Counsel—for each folio


$10.80

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.



$18.00

$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.


$64.80


$36.00

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.



$18.00

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



$7.20

10.    EXAMINATION

If it is not reasonable to peruse or scan a document but an examination is reasonable—for each page


$7.20

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.




$5000.00

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



$2500.00

Senior Counsel

$7500.00



$3750.00

(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


$500.00

$500.00


$500.00

$750.00

$750.00


$750.00

$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.

__________________

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
to $500.00

$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
to $400.00

$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




$700.00

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.



$70.00


$490.00

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.


$280.00


$70.00


$490.00

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.

═══════════════

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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