Statutory Rules 1993 No. 451
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Federal Court Rules 2 (Amendment)
WE, Judges of the Federal Court of Australia, make the following Rules of Court under the Federal Court of Australia Act 1976.
Dated 2 April 1993.
M.E.J. BLACK C.J.
C.A. SWEENEY J.
R.M. NORTHROP J.
J.A. KEELY J.
J.F. GALLOP J.
J.D. DAVIES J.
J.S. LOCKHART J.
(L.S.) I.F. SHEPPARD J.
K.J. JENKINSON J.
A.R. NEAVES J.
B.A. BEAUMONT J.
M.R. WILCOX J.
J.E.J. SPENDER J.
P.R.A. GRAY J.
J.C.S. BURCHETT J.
J.A. MILES J.
D.M. RYAN J.
W.M.C. GUMMOW J.
R.S. FRENCH J.
M.R. EINFELD J.
M.L. FOSTER J.
M.C. LEE J.
H.W. OLNEY J.
J.W. VON DOUSSA J.
D.G. HILL J.
M.F. O’LOUGHLIN J.
T.J. HIGGINS J.
P.C. HEEREY J.
D.P. DRUMMOND J.
R.E. COOPER J.
A.P. WHITLAM J.
M.J. BEAZLEY J.
Judges of the Federal Court of Australia
J.T. HOWARD
Registrar
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1. Commencement
1.1 These Rules commence on 19 April 1993.
2. Amendment
2.1 The Federal Court Rules are amended as set out in these Rules.
3. Second Schedule (Costs allowable in respect of work done and services performed)
3.1 Omit the Schedule, substitute:
SECOND SCHEDULE Order 62, rule 12
COSTS ALLOWABLE IN RESPECT OF WORK DONE AND SERVICES PERFORMED
| Column 1 Item | Column 2 Scale of costs | Column 3 $ | |
| | Instructions | | |
| 1 | to sue or defend or to appeal or oppose an appeal or for any other originating proceeding........................................................ | 128.00 | |
| 2 | to make or oppose an interlocutory application or motion to the Court of a Judge or an officer of the Court...................................................... | 56.00 | |
| 3 | for a case for opinion of counsel or for counsel to advise (including attendance on counsel with brief)......................................................... | 54.00 | |
| 4 | for interrogatories, answers to interrogatories or an affidavit (not being a formal affidavit), admissions or a list of documents, and affidavit verifying............................................. | 77.00 | |
| 5 | for brief for counsel on application in chambers or brief notes for solicitor (where necessary)......................................................... or in respect of items 1 to 5 of this scale, any other amounts that may be allowed by the taxing officer, having regard to all the circumstances of the case | 70.00 |
| 6 | for brief for counsel or brief notes for solicitor (where necessary)—the fee to be allowed is to be a sum that the taxing officer thinks fit, having regard to all the circumstances of the case | |
| | | | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| 7 | for a necessary document not otherwise provided for—the fee to be allowed is to be a sum that the taxing officer thinks fit, having regard to all the circumstances of the case | |
| | Documents | |
| 8 | any notice of appearance including copies, filing and service by respondent........................ | 71.00 |
| 9 | any application or notice of motion including fixing return day, copies to file and serve and attendance to file............................................... if more than 3 folios—add per folio................ | 56.00 3.00 |
| 10 | any simple notice or memorandum such as a notice for discovery, including copies, filing (where necessary) and service.......................... | 46.00 |
| 11 | notice to produce, notice to admit or any like notice including copies, filing (when necessary) and service...................................... if more than 3 folios—add per folio................ | 56.00 3.00 |
| 12 | a brief to counsel (including a brief to hear judgment) and attending counsel with the brief................................................................... if more than 3 folios—add per folio................ for copy documents to accompany brief—the other charges in this scale that are appropriate | 49.00 5.00 |
| 13 | any necessary subpoena including issuing one copy to serve and arranging for service............ | 39.00 |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| | Drawing | |
| 14 | any necessary document per folio............................................................. | 6.00 |
| | Engrossing or Typing | |
| 15 | any necessary document per folio............................................................. | 2.00 |
| | Copies | |
| 16 | of any document, including carbon, photographic or machine made copy—per page................................................................... except that, if allowance for 10 or more pages is claimed in respect of any document or documents, the costs to be allowed for the copies are at the discretion of the taxing officer | 1.00 |
| | Perusal | | |
| 17 | of any document (when necessary) including special letter, telegram or telex if 3 folios or less..................................................................... or per folio........................................................... except that, if allowance for 30 or more folios is claimed in respect of any document or documents, the costs to be allowed for perusal are at the discretion of the taxing officer | 11.00 2.00 | |
| | | | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ | |
| 18 | if it is not necessary to peruse but it is necessary to scan a document—per page........................... except that, if allowance for 10 or more pages is claimed in respect of any document or documents, the costs to be allowed for scanning are at the discretion of the taxing officer | 3.00 | |
| | Examination | | |
| 19 | if it is necessary to neither peruse nor scan a document, for example, an examination of an appeal book: for examination—per half hour solicitor......................................................... clerk.............................................................. | 46.00 11.00 | |
| | Letters | | |
| 20 | short letter—simple form of letter e.g. formal acknowledgment................................................ | 9.00 | |
| 21 | ordinary letter including letters between principal and agent............................................. | 14.00 | |
| 22 | circular letter (after the first) each................................................................... | 5.00 |
| | | | | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| 23 | special letter or letter including opinion.............................................................. or the fee to be allowed is an amount that is reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this scale | 33.00 |
| 24 | telegram, facsimile copy, or telex including attendance to dispatch....................................... or the fee to be allowed is an amount that is reasonable in the circumstances | 39.00 |
| 25 | receiving and filing any incoming letter............ (Postage and transmission fees may be claimed as a disbursement properly incurred) | 5.00 |
| | Service | |
| 26 | personal service (except where service is claimable under other items in this scale) of any document of which personal service is required............................................................. or the fee is to be an amount that is reasonable having regard to time occupied, distance travelled and other relevant circumstances | 38.00 |
| 27 | service of any document at the office of the address for service either by delivery or by post.................................................................... | 11.00 |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| | Preparation of Appeal Books | | |
| 28 | preparation of appeal books including collating all necessary material, attendances on the printer, general oversight of their preparation in cases where the taxing officer is satisfied it has been done efficiently—per hour: solicitor......................................................... clerk.............................................................. | 83.00 20.00 | |
| 29 | where appeal books are prepared in a solicitor’s office, the taxing officer may in his or her discretion allow a sum that he or she thinks just and reasonable having regard to work and labour properly performed and charges 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 Schedule | | |
| | Attendances | | |
| 30 | an attendance which is capable of being made by a clerk, such as at the court registry............. | 20.00 | |
| 31 | an attendance which requires the attendance of the solicitor or managing clerk and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate)—per quarter hour: solicitor........................................................... managing clerk............................................... | 37.00 10.00 | |
| | | | | | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| 32 | an attendance for which no other provision is made in this scale.............................................. | 33.00 | |
| 33 | an attendance by telephone which does not involve the exercise of skill or legal knowledge.......................................................... | 8.00 | |
| 34 | an attendance on counsel: with brief or papers (where not otherwise provided for)................................................... to appoint a conference or consultation............ if appointment made by telephone................... | 20.00 20.00 8.00 | |
| 35 | a necessary conference or consultation with counsel: if half an hour or less........................................ if over half an hour—for each hour or part of an hour............................................................ | 56.00 83.00 | |
| 36 | in court or chambers or before the Registrar for hearing without counsel: for each hour or part of an hour of the hearing............................................................ for each hour or part of an hour when likely to be heard but not heard................................... not to exceed per day........................................ | 167.00 167.00 748.00 | |
| | | | | | | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| 37 | in court or chambers or before the Registrar for hearing with counsel: for each hour or part of an hour of the attendance during the hearing......................... for each hour or part of an hour of the attendance when likely to be heard but not heard.............................................................. not to exceed per day........................................ if a person other than a solicitor attends in place of a solicitor—for each hour: (a) managing clerk.......................................... not to exceed per day................................. (b) any other clerk.......................................... not to exceed per day................................ | 136.00 136.00 614.00 56.00 250.00 30.00 134.00 |
| 38 | to hear judgment................................................. | 38.00 |
| 39 | on taxation of costs: if a solicitor attends—per hour or part of an hour.................................................................. if a clerk attends—per hour or part of an hour.................................................................. | 83.00 20.00 |
| 40 | if the solicitor attends at court 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 when it is neither appropriate nor proper for an agent to attend, the taxing officer may allow for each day of absence from place of business, not being a Saturday, Sunday or public holiday, an amount that the taxing officer thinks reasonable—not exceeding.......................................................... | 189.00 |
| | | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| | General Care and Conduct | |
| 41 | if the case or circumstances warrant it, an allowance may be claimed under this item, in addition to any item which appears in this scale, for general care and conduct (where appropriate) including the following: (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 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 expended by the solicitor; (f) research and consideration of questions of law and fact. | |
| | Counsel’s Fees | |
| 42 | it is proper for a solicitor to incur an amount for counsel’s fees that appears to be fair and reasonable according to the circumstances of the case and the seniority of counsel and the fees incurred may be claimed as a disbursement | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| 43 | where a solicitor briefs another solicitor as counsel, when it would be appropriate to brief counsel, the taxing officer may allow a sum as a counsel’s fee that the taxing officer thinks just and reasonable having regard to the practice of allowing these fees that are permitted by the Supreme Court Rules of the State or Territory concerned (Order 62, rule 35) | |
| | Witnesses Expenses | |
| 44 | witnesses called because of their professional, scientific or other special skill or knowledge—per day......................................... | 98.00 to 489.00 |
| 45 | witnesses called, other than those covered in item 44—per day............................................... | 56.00 to 92.00 |
| 46 | witnesses remunerated in their occupation by wages, salary or fees—the amount lost by attendance at Court | |
| 47 | if the witness resides more than 50 kilometres from the Court—a sum that the taxing officer thinks reasonable for the actual cost of conveyance, together with a reasonable amount for sustenance or maintenance | |
| | Disbursements | |
| 48 | all court fees and other fees and payments to the extent to which they have been properly and reasonably incurred and paid must be allowed | |
SECOND SCHEDULE—continued
| Column 1 Item | Column 2 Scale of costs | Column 3 $ |
| 49 | if a solicitor attends at court or chambers, or on conference with counsel, in the circumstances outlined in item 40, the taxing officer may allow reasonable travelling expenses to the extent to which they have been reasonably incurred and paid | |
| | Miscellaneous | |
| 50 | matters not included in this scale may be allowed to the extent they are covered by Order 62, rule 21 bills of costs prepared in accordance with Order 62, rule 40 must identify costs and disbursements claimed with an item number a folio comprises 72 words; there are generally 3 folios to each page | |
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4. Transitional
4.1 In spite of subrule 3.1, the Schedule omitted from the Federal Court Rules by subrule 3.1 continues to apply in relation to all work done and services performed before the commencement of these Rules.
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NOTES
1. Notified in the Commonwealth of Australia Gazette on 16 April 1993.
2. 1979 No. 140; 1980 No. 87; 1982 Nos. 217 and 408; 1983 No. 264; 1984 Nos. 9 and 258; 1985 Nos. 16, 97, 168 and 227; 1986 Nos. 61, 157 and 324; 1987 Nos. 73, 174 and 197; 1988 Nos. 14, 54, 144, 217 and 306; 1989 Nos. 50, 253 and 318; 1990 Nos. 72, 102, 276, 319, 414 and 453; 1991 Nos. 70, 249, 395 and 461; 1992 Nos. 43, 44, 86, 87, 186, 330, 421 and 453; 1993 No. 40.