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High Court Amendment Rules 2011

Authoritative Version
  • - F2011L02720
  • No longer in force
SLI 2011 No. 283 Rules/Court & Tribunal Rules as made
These Rules amend the High Court Rules 2004 to amend the second schedule.
Administered by: Attorney-General's
Made 06 Dec 2011
Registered 16 Dec 2011
Tabled HR 07 Feb 2012
Tabled Senate 07 Feb 2012
Date of repeal 09 Apr 2013
Repealed by Attorney-General's (Spent and Redundant Instruments) Repeal Regulation 2013

High Court Amendment Rules
2011

Select Legislative Instrument 2011 No. 283
__________________________________________________________________________

 

We, Justices of the High Court of Australia, make the following Rules of Court under the Judiciary Act 1903.

 

 

Dated 6 December 2011

R. S. FRENCH
W. M. C. GUMMOW

K. M. HAYNE
J. D. HEYDON

S. M. CRENNAN
S. M. KIEFEL

V. M. BELL

 

           

           

Justices of the
High Court of Australia

 

A. M. PHELAN
Chief Executive and
Principal Registrar

                                                             

 

 




I certify that this is a true copy of the text of the Rule of Court the

original of which I have sighted

 

Dated 8 December 2011
                                                                        Carolyn Rogers
                                                                        Senior Registrar


AMENDMENT OF THE HIGH COURT RULES 2004

 

1.01                Commencement and application

1.01.1              These Rules shall come into operation on 1 January 2012.

1.01.2              Notwithstanding rule 1.01.1, the Schedule omitted from the High Court Rules 2004 by rule 2.01.1 shall continue to apply in relation to all work done and services performed before 1 January 2012.

2.01                Amendment

2.01.1              The High Court Rules 2004 are amended by omitting Schedule 2 and substituting the following Schedule:

Schedule 2        Schedule of fees for work done or services performed

(rule 52.02)

 

Item

Matter for which fee may be charged

Fee($)

 

INSTRUCTIONS

 

1

To sue or defend, or to make or oppose an application for leave or special leave to appeal, or to appeal, or oppose an appeal or to cross appeal, or for any other originating proceedings

282.10

2

To make or oppose any interlocutory application

125.20

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

282.10

4

For any pleading (other than a statement of claim)

219.10

5

To amend any pleading

75.50

6

For a statement of facts or an agreed statement of facts in a matter

219.10

7

For interrogatories, answers to interrogatories, special affidavits or an affidavit (not being a formal affidavit)

169.00

8

For counsel to advise

120.60

9

For a document not otherwise provided for

47.20

10

For a brief for counsel on a hearing or application in Court 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.

156.70

 

WRITS

 

11

Writ of Summons for the commencement of an action or other writ not specifically provided for

130.40

12

Concurrent Writ of Summons

46.90

13

Writ of Subpoena

68.20

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.

9.40

 

SUMMONSES

 

15

Any summons including preparation, copies and attendance to issue, including attendance to fix return date

80.00

 

 — if more than 3 folios, for each extra folio

9.40

 

APPEARANCES AND NOTICES

 

16

Preparing and entering an appearance including duplicate memorandum and Notice of Appearance for service

131.90

17

Any necessary or proper notice or memorandum not otherwise provided for, or any demand

44.20

 

 — if more than 3 folios, for each extra folio

Note   This provision shall 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.

9.40

 

DRAWING

 

18

Drawing any pleading or affidavit not exceeding 5 folios

125.20

 

 — or, per folio

17.60

19

Drawing any other document where no other provision is made — per folio

17.20

 

ENGROSSING

 

20

Marking each exhibit to an affidavit

3.10

21

Engrossing any document — per folio

6.50

 

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 shall be at the discretion of the Taxing Officer

3.10

 

PERUSAL AND EXAMINATION

 

23

Perusal of any document including special letter, telegram, telex or similar document

46.70

 

 

 

 

 

 

 — 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 shall be at the discretion of the Taxing Officer

6.50

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

46.90

 

 — clerk

15.20

 

CORRESPONDENCE

 

25

Short letter including a formal acknowledgment, making appointments, forwarding documents without comment

22.20

26

Ordinary letter (including letters between principal and agent)

37.70

27

Circular letter (after the first) each

12.50

28

Special letter or letter containing opinion and including letters of substance between principal and agent

62.50

 

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)

62.50

 

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.

3.10

 

SERVICE

 

31

Personal service of any process or proceeding where necessary

77.90

 

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

69.30

 

  (b)  agent’s charges and such disbursements as may reasonably be incurred

132.10

33

Service of any document at the office of the address for service either by delivery or by post

26.70

 

ATTENDANCES

 

34

An attendance which requires the attendance of a solicitor, per quarter hour

74.70

35

An attendance which is capable of being made by a clerk

46.70

 

 — or, per quarter hour

12.30

36

Making an appointment or similar attendance by telephone

22.30

37

An attendance on counsel:

 

 

 — with brief or other papers

47.50

 

 — to appoint a conference or consultation

20.80

38

A conference or consultation with counsel

125.20

 

 — or, per half hour

94.50

39

On a summons

70.40

 

 — or, per half hour

125.20

40

In Court instructing counsel on any hearing or application

 

 

 — if a solicitor attends, per hour

300.70

 

or

 

 

 — if a clerk attends, per hour

125.30

41

On an application or appearance before a Registrar or a Taxing Officer

156.70

 

 — 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.

187.80

42

To hear judgment

82.00

43

When in the opinion of the Taxing Officer it is necessary for two solicitors, or a solicitor and a clerk to attend on a hearing, such additional allowance as the Taxing Officer thinks reasonable shall be made

 

 

Not exceeding per day

628.70

44

Where the Taxing Officer is satisfied that the principal place of practice of a solicitor 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 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

1404.40

45

An attendance for which no other provision is made

62.50

 

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

203.30

 

 — clerk

67.80

47

Where appeal or application books are prepared in a solicitor’s office, the Taxing Officer may 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 this discretion the Taxing Officer shall 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 this 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; and

   (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

1144.00

50

Witnesses called, other than those covered in item 49

 

 

Per day

120.60

51

Witnesses remunerated in their occupation by wages, salary or fees, the amount lost by attendance at Court

 

52

Where the witness resides more than 50 kilometres from the Court, such sum as the Taxing Officer thinks reasonable for the actual cost of conveyance, together with a reasonable amount for sustenance or maintenance

 

 

53

The Taxing Officer may also allow such amount as the Taxing Officer thinks reasonable and properly incurred and paid to witnesses for qualifying to give skilled evidence

 

54

Notwithstanding 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, shall be allowed

 

56

The remuneration allowed to a solicitor shall be governed by the foregoing scale but in special cases the Taxing Officer may allow such additional charges or disbursements as the Taxing Officer considers reasonable