Workplace Relations Amendment Regulations 2005 (No. 2) (Cth)
Workplace Relations Amendment Regulations 2005 (No. 2)1
Select Legislative Instrument 2005 No. 42
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996.
Dated 23 March 2005
P. M. JEFFERY
Governor-General
By His Excellencys Command
Minister for Employment and Workplace Relations
1Name of Regulations
These Regulations are the Workplace Relations Amendment Regulations 2005 (No. 2).
2Commencement
These Regulations commence on the day after they are registered.
3Amendment of Workplace Relations Regulations 1996
Schedule 1 amends the Workplace Relations Regulations 1996.
Schedule 1 Amendment
(regulation 3)
[1] Schedule 5
substitute
Schedule 5 Schedule of costs
(regulation 30BG)
Part 1 Instructions
| Item | Matter for which charge may be made | Charge |
| 101 | Instructing to make or oppose an application under section 170CE of the Act | Either: (a) $210; or (b) at the discretion of the Commission |
| 102 | Instructing to make or oppose any other proceeding relating to an application under section 170CE of the Act (see subsection 170CJ (8) of the Act) | Either: (a) $210; or (b) at the discretion of the Commission |
| 103 | Instructing for a case for opinion of counsel or for counsel to advise (including attendance on counsel with brief) | Either: (a) $91; or (b) at the discretion of the Commission |
| 104 | Instructing for a necessary document in response to directions given by the Commission | Either: (a) $125; or (b) at the discretion of the Commission |
| 105 | Instructing for brief to counsel or brief notes for solicitor (if necessary) | An amount that the Commission considers appropriate having regard to all the circumstances of the case |
| 106 | Instructing for a necessary document not otherwise provided for in this Part | An amount that the Commission considers appropriate having regard to all the circumstances of the case |
Part 2 Documents
| Item | Matter for which charge may be made | Charge |
| 201 | A notice of appearance, including copies, filing and service by respondent | $115 |
| 202 | An application or notice of motion, including copies to file and serve, and attendance to file | The sum of: (a) for the first 3 folios $93; and (b) for each additional folio $6 |
| 203 | A necessary document prepared in response to directions given by the Commission, including copies to file and serve, and attendance to file | $74 |
| 204 | A brief to counsel (including a brief to hear judgment) and attending counsel with the brief | The sum of: (a) for the first 3 folios $80; and (b) for each additional folio $7 |
| 205 | Copy of a document to accompany a brief | The charge mentioned in item 501 |
| 206 | A necessary summons, and issuing 1 copy to serve and arranging for service | $63 |
Part 3 Drawing
| Item | Matter for which charge may be made | Charge |
| 301 | Drawing a necessary document not covered by Part 1 or 2 of this Schedule | $8 per folio |
Part 4 Writing or typing legal letters
| Item | Matter for which charge may be made | Charge |
| 401 | Writing or typing a legal letter | $4 per folio |
Part 5 Copies
| Item | Matter for which charge may be made | Charge |
| 501 | Copy of a document, including a carbon, photographic or machine-made copy | Either: (a) $2 per page; or (b) if allowance for 10 or more pages is claimed in respect of a document or documents at the discretion of the Commission |
Part 6 Perusal and scanning
| Item | Matter for which charge may be made | Charge |
| 601 | Perusing a document, including a special letter (for example, a letter from counsel that includes an opinion) | Either: (a) if paragraph (b) does not apply: (i) for a document that contains up to 3 folios $16; or (ii) for a document that contains more than 3 folios $4 per folio; or (b) if allowance for 30 or more folios is claimed for a document at the discretion of the Commission |
| 602 | Scanning a document, if it is not necessary to peruse the document | Either: (a) $6 per page; or (b) if allowance for 10 or more pages is claimed in respect of any document or documents at the discretion of the Commission |
Part 7 Examination
| Item | Matter for which charge may be made | Charge |
| 701 | Examining a document, if it is not necessary to peruse or scan the document (for example, an examination of an appeal book): | |
| (a) by a solicitor | $74 per half hour | |
| (b) by a clerk | $16 per half hour |
Part 8 Letters
| Item | Matter for which charge may be made | Charge |
| 801 | Short letter (for example, a formal acknowledgment, a letter comprising 1 page or a letter concisely dealing with a subject) | $12 |
| 802 | Ordinary letter, including letter between principal and agent | $24 |
| 803 | Circular letter (for example, a letter sent to more than 1 party) | $7 for each letter (after the first) |
| 804 | Special letter (for example, a letter from counsel that includes an opinion) | Either: (a) $50; or (b) an amount that the Commission considers reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this Schedule |
| 805 | Facsimile copy including attendance to dispatch | Either: (a) $63; or (b) an amount that the Commission considers reasonable in the circumstances |
| 806 | Receiving and filing an incoming letter | $7 |
Part 9 Service
| Item | Matter for which charge may be made | Charge |
| 901 | Personal service of any document of which personal service is required (other than service that may be claimed under another item of this Schedule) | Either: (a) $62; or (b) an amount that the Commission considers reasonable having regard to time occupied, distance travelled and other relevant circumstances |
| 902 | Service of a document at the office of the address for service, either by delivery or by post | $16 |
Part 10 Preparation of appeal books
| Item | Matter for which charge may be made | Charge |
| 1001 | Preparation of appeal books, if some of the work is done outside the solicitors office (for example, attendance on the printer for printing or collating documents, or general oversight of the preparation of the appeal books), and the Commission is satisfied that the work or general oversight has been done efficiently: | |
| (a) for work done or overseen by a solicitor | $135 per hour | |
| (b) for work done or overseen by a clerk | $34 per hour | |
| 1002 | Preparation of appeal books, if the work is done entirely within the solicitors office | An amount that the Commission considers appropriate, having regard to the charges for the material used |
Part 11 Attendances
| Item | Matter for which charge may be made | Charge |
| 1101 | An attendance that is capable of being made by a clerk, such as at the Commission registry | $34 |
| 1102 | An attendance that requires the attendance of a solicitor or managing clerk (or other equally suitably qualified person) and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate): | |
| (a) by a solicitor | $60 per quarter hour | |
| (b) by a managing clerk or other equally suitably qualified person | $13 per quarter hour | |
| 1103 | An attendance for which no other provision is made in this Schedule | $56 |
| 1104 | An attendance by telephone that does not involve the exercise of skill or legal knowledge | $11 |
| 1105 | An attendance on counsel in person with brief or papers (if not otherwise provided for in this Schedule) | $35 |
| 1106 | An attendance on counsel in person to set a time, date and place for a conference or consultation | $35 |
| 1107 | An attendance on counsel by telephone to set a time, date and place for a conference or consultation | $11 |
| 1108 | A necessary conference or consultation with counsel | Either: (a) for a conference of up to half an hour $93; or (b) for a conference of more than half an hour $135 for each hour or part of an hour |
| 1109 | An attendance at the Commission or chambers for hearing with counsel (where the Commission considers such attendance is necessary): | |
| (a) for attendance by a solicitor | $221 for each hour or part of an hour of the attendance: (a) during the hearing; and (b) when likely to be heard, but not heard; up to a maximum of $1 005 per day | |
| (b) for attendance by a managing clerk or other equally suitably qualified person in place of a solicitor | $93 for each hour, up to a maximum of $409 per day | |
| (c) for attendance by any other clerk or person in place of a solicitor | $49 for each hour, up to a maximum of $218 per day | |
| 1110 | An attendance to hear judgment | $62 |
| 1111 | An attendance on taxation of costs: | |
| (a) if a solicitor attends | $135 for each hour or part of an hour | |
| (b) if a clerk attends | $34 for each hour or part of an hour | |
| 1112 | An attendance by a solicitor at the Commission or chambers for the hearing of an application or appeal, or on conference with counsel, at a distance of more than 50 kilometres from his or her place of business, if it is neither appropriate nor proper for an agent to attend | The Commission may allow an amount that the Commission considers reasonable, not exceeding $309, for each day of absence from the place of business (except a Saturday, Sunday or public holiday) |
Part 12 General care and conduct
| Item | Matter for which charge may be made | Charge |
| 1201 | If the case or circumstances warrant it, an allowance may be claimed under this item in addition to any other item that appears in this Schedule, for general care and conduct in relation to the following: (a) the complexity of the matter and the difficulty and novelty of questions raised; (b) the importance of the matter to the party and the amount involved; (c) the skill, labour, specialised knowledge and responsibility involved in the matter on the part of the solicitor; (d) the number and importance of the documents prepared or perused, without regard to length; (e) the time taken by the solicitor; (f) research and consideration of questions of law and fact | The Commission may allow an amount the Commission considers reasonable in the circumstances of the case |
Part 13 Fees for Counsel for solicitor appearing as Counsel
| Item | Matter for which charge may be made | Charge |
| 1301 | For counsels fees incurred by a solicitor Note The fees incurred may be claimed as a disbursement. | An amount that the Commission considers to be fair and reasonable according to the circumstances of the case and the seniority of counsel |
| 1302 | For solicitors fees if a solicitor appears as counsel (or briefs another solicitor as counsel) when it would be appropriate to brief counsel | An amount that the Commission considers to be fair and reasonable according to the circumstances of the case and the seniority of the solicitor |
Part 14 Witnesses expenses
| Item | Matter for which charge may be made | Charge |
| 1401 | For the attendance of a witness who is called because of his or her professional, scientific or other special skill or knowledge | $161 to $801 per day |
| 1402 | For the attendance of a witness, other than a witness covered in item 1401: | |
| (a) who is not remunerated in his or her occupation by wages, salary or fees | $93 to $149 per day | |
| (b) who is remunerated in his or her occupation by wages, salary or fees | The amount lost by attendance at the Commission | |
| 1403 | For travel expenses for a witness who lives more than 50 kilometres from the Commission (in addition to a charge under item 1401 or 1402) | An amount that the Commission considers reasonable for the actual cost of travel, plus a reasonable amount for meals and accommodation |
Part 15 Disbursements
| Item | Matter for which charge may be made | Charge |
| 1501 | Registry fee or other fee or payment | The amount of the fee or payment to the extent to which it has been properly and reasonably incurred and paid |
| 1502 | Travelling expenses, if a solicitor attends at the Commission or chambers, or on conference with counsel, in the circumstances mentioned in item 1110 | An amount that the Commission considers reasonable for travelling expenses, to the extent to which they have been reasonably incurred and paid |
| 1503 | Postage and transmission expenses in relation to a matter mentioned in Part 8 | The amount of the expenses to the extent that it has been properly and reasonably incurred and paid |
Note
1.All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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