Schedule 1 Amendments

(rule 3)

[1] Order 58, rule 4

substitute

4 Issuing and filing writs etc

(1) If a person wishes to issue or file a writ, process, commission, petition, appeal or application authorized by law or by these or any other rules of Court, the person may prepare it (in the prescribed form, if any) and present it to the Registry for issue or filing.

(2) If it appears that the writ, process, commission, petition, appeal or application is in proper form and that the person presenting it is entitled to have it issued or filed, the Registrar or the Registrar’s clerk must do all that is required to issue or file the document.

(3) If the writ, process, commission, petition, appeal or application appears to a Registrar on its face to be an abuse of the process of the Court or a frivolous or vexatious proceeding or application, the Registrar must seek the direction of a Justice who may direct the Registrar to issue or file it or to refuse to issue or file it without the leave of a Justice first had and obtained by the party seeking to issue or file it.

[2] Second Schedule

substitute

Second Schedule Costs

Item		Amount ($)
	Instructions
1	To sue or defend, or to make or oppose an application for special leave to appeal, or to appeal, or oppose an appeal or to cross appeal, or for any other originating proceedings	191.60
2	To make or oppose any interlocutory application	85.00
3	For a special case, case stated or reservation of question of law for the consideration of a Full Court, or for a statement of claim or a petition	191.60
4	For any pleading (other than a statement of claim)	148.80
5	To amend any pleading ................	51.30
6	For a statement of facts or an agreed statement of facts in a matter	148.80
7	For interrogatories, answers to interrogatories, special affidavits or an affidavit (not being a formal affidavit)	114.80
8	For counsel to advise .................	82.00
9	For a document not otherwise provided for ...	32.40
10	For a brief for counsel on a hearing or application in Court or in Chambers or brief notes for solicitor Note Instructions are not to be allowed where the work intended to be included therein is charged for and allowed in detail. Instead of the above costs for instructions, such larger sum may be claimed as is reasonable in all the circumstances of the case, and is allowed on taxation at the discretion of the Taxing Officer.	106.50
	Writs
11	Writ of Summons for the commencement of an action or other writ not specifically provided for	88.60
12	Concurrent Writ of Summons ............	31.80
13	Writ of Subpoena ....................	46.30
14	If any of the above writs exceeds 3 folios, for each extra folio Note These costs include all endorsements, and copies (for the officers sealing them) and attendances to issue or seal, but not the Court fees.	6.40
	Summonses and motions
15	Any Chamber Summons or motion, including preparation, copies and attendance to issue, including attendance to fix return date	54.40
	- if more than 3 folios, for each extra folio ...	6.40
	Appearances and notices
16	Preparing and entering an appearance including duplicate memorandum and Notice of Appearance for service	89.60
17	Any necessary or proper notice or memorandum not otherwise provided for, or any demand	29.90
	- if more than 3 folios, for each extra folio ... Note This provision does not apply to short notices or memoranda endorsed on other documents, but the words or folios therein may be allowed as part of the documents so endorsed.	6.40
	Drawing
18	Drawing any pleading or affidavit not exceeding 5 folios	85.00
	- or, per folio .......................	11.90
19	Drawing any other document where no other provision is made - per folio .........................	11.70
	Engrossing
20	Marking each exhibit to an affidavit .......	2.10
21	Engrossing any document - per folio .........................	4.40
	Copies
22	Of any document including carbon, photographic or machine made copy per page ............................ Except that where the allowance for 10 or more pages is claimed in respect of any document, the sum allowed for such copies is at the discretion of the Taxing Officer.	2.10
	Perusal and examination
23	Perusal of any document including special letter, telegram, telex or similar document	31.70
	- or, per folio ....................... Except that where an allowance for 30 or more folios is claimed in respect of any document, the sum allowed for perusal is at the discretion of the Taxing Officer.	4.40
24	Where it is not necessary to peruse a document, such as checking a proof print of, or examining, an application or appeal book per quarter hour
	- solicitor .........................	31.80
	- clerk ...........................	10.40
	Correspondence
25	Short letter including a formal acknowledgment, making appointments, forwarding documents without comment	15.10
26	Ordinary letter (including letters between principal and agent)	25.70
27	Circular letter (after the first) each .........	8.50
28	Special letter or letter containing opinion, including letters of substance between principal and agent	42.40
	or
	Such sum as the Taxing Officer thinks reasonable in the circumstances.
29	Telegram, facsimile copy, telex or other document by similar transmitting process including attendance to dispatch (where necessary)	42.40
	or
	Such sum as the Taxing Officer thinks reasonable in the circumstances.
30	Receiving and filing any incoming special letter, facsimile, telegram or telex Note Postage and transmission fees may be claimed as a disbursement properly incurred.	2.10
	Service
31	Personal service of any process or proceeding where necessary	52.80
	or
	Such sum may be allowed as is reasonable having regard to time occupied, distance travelled and other relevant circumstances.
32	When, in consequence of the distance of the party to be served, it is proper to effect service through an agent, instead of the allowance for service for:
	(a) correspondence ..................	47.00
	(b) agent’s charges .................. and such disbursements as may reasonably be incurred.	89.70
33	Service of any document at the office of the address for service either by delivery or by post	18.10
	Attendances
34	An attendance which requires the attendance of a solicitor - per quarter hour ....................	50.80
35	An attendance which is capable of being made by a clerk	31.70
	- or, per quarter hour ..................	8.30
36	Making an appointment or similar attendance by telephone	15.10
37	An attendance on counsel - with brief or other papers ..............	32.30
	- to appoint a conference or consultation .....	14.10
38	A conference or consultation with counsel ...	85.00
	- or, per half hour ....................	64.10
39	On a summons or other application in Chambers	47.90
	- or, per half hour ....................	85.00
40	In Court or in Chambers instructing counsel on any hearing or application
	- if a solicitor attends, per hour ...........	204.40
	or
	- if a clerk attends, per hour .............	85.10
41	On an application or appearance before a Registrar or a Taxing Officer	106.50
	or
	- per hour ......................... Note Instead of the above costs for attendances, such larger sum may be claimed as is reasonable in all the circumstances of the case and is allowed on taxation at the discretion of the Taxing Officer.	127.60
42	To hear judgment ....................	55.70
43	When, in the opinion of the Taxing Officer, it is necessary for 2 solicitors, or a solicitor and a clerk, to attend on a hearing, such additional allowance as the Taxing Officer thinks reasonable must be made not exceeding per day	427.10
44	Where the Taxing Officer is satisfied that a solicitor’s principal place of practice is in a place other than that in which the Court is sitting, and it is necessary for the solicitor to leave that place to attend in Court or in Chambers at the hearing of an appeal, application, or cause, an allowance (in addition to reasonable travelling expenses) may be made for each day that the solicitor is necessarily absent from the principal place of practice of such amount that the Taxing Officer thinks reasonable having regard to such other charges as the solicitor may be entitled to make in the matter - not exceeding per day ................	954.20
45	An attendance for which no other provision is made	42.40
	Preparation of appeal and application books
46	Preparation of appeal and application books including collating all necessary material, all necessary attendances and general oversight of their preparation in cases where the Registrar is satisfied it has been done efficiently per hour
	- solicitor.........................	138.10
	- clerk ...........................	46.00
47	Where appeal or application books are prepared in a solicitor’s office, the Taxing Officer may, in his or her discretion, allow such sum as the Taxing Officer thinks just and reasonable having regard to work and labour properly performed and charged for material used. In exercising his or her discretion, the Taxing Officer must have regard to commercial rates for copying and binding and is not obliged to apply the photographic or machine made copy costs otherwise allowable in this scale.
	General care and conduct
48	The Taxing Officer may, where the case or circumstances warrant it, allow an amount to be claimed under this item, in addition to any item which appears in this scale, for general care and conduct. In exercising his or her discretion, the Taxing Officer may have regard to any matters which the Taxing Officer considers relevant, including: (a) the complexity of the matter and the difficulty and novelty of the questions raised or any of them; (b) the importance of the matter to the party and the amount involved;
	(c) the skill, labour, specialised knowledge and responsibility involved therein on the part of the solicitor; (d) the number and importance of the documents prepared or perused without regard to length; (e) the time expended by the solicitor; (f) research and consideration of questions of law and fact.
	Witnesses expenses
49	Witnesses called because of their professional, scientific or other special skill or knowledge - per day ..........................	777.20
50	Witnesses called, other than those covered in item 49 - per day ..........................	82.00
51	Witnesses remunerated in their occupation by wages, salary or fees, the amount lost by attendance at Court.
52	If the witness resides more than 50 kilometres from the Court, such sum as the Taxing Officer thinks reasonable for the actual cost of travel, and a reasonable amount for sustenance or maintenance.
53	The Taxing Officer may also allow such amount as he or she thinks reasonable and properly incurred and paid to witnesses for qualifying to give skilled evidence.
54	Despite anything in the scale, the Taxing Officer may allow to an expert witness a special fee for attendance at Court not covered by the foregoing paragraphs of this item when the witness is acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing. The scale in this item does not affect the existing practice of allowing qualifying fees to witnesses.
	Disbursements
55	All Court fees, counsel’s fees and other fees and payments to the extent to which they have been properly and reasonably incurred and paid, are allowed.
56	The remuneration allowed to a solicitor is governed by the foregoing scale but, in special cases, the Taxing Officer may, in his or her discretion, allow such additional charges or disbursements as the Taxing Officer considers reasonable.