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High Court Amendment (Fees) Rules 2016

Authoritative Version
Rules/Court & Tribunal Rules as made
These rules amend schedule 2 of the High Court Rules governing the schedule of fees for work done or services performed.
Administered by: Attorney-General's
Made 08 Nov 2016
Registered 11 Nov 2016
Tabled HR 21 Nov 2016
Tabled Senate 21 Nov 2016
Date of repeal 02 Jan 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

 

High Court Amendment (Fees) Rules 2016

We, Justices of the High Court of Australia, make the following Rules of Court.

 

Dated   8 November 2016

 

R. S. French

 

S. M. Kiefel

 

V. M. Bell

 

S. J. Gageler

 

P. A. Keane

 

G. A. A. Nettle

 

M. M. Gordon

 

Justices of the High Court of Australia

A. M. Phelan
Chief Executive and

Principal Registrar

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

High Court Rules 2004                                                                                                                         2

 


1  Name

                   These Rules are the High Court Amendment (Fees) Rules 2016.

2  Commencement

             (1)  Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of these Rules

1 January 2017.

1 January 2017

Note:          This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.

             (2)  Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.

3  Authority

                   These Rules are made under the following Acts:

                     (a)  the Judiciary Act 1903;

                     (b)  the Commonwealth Electoral Act 1918;

                     (c)  the Nauru (High Court Appeals) Act 1976;

                     (d)  the High Court of Australia Act 1979.

4  Schedules

                   Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.

Schedule 1Amendments

  

High Court Rules 2004

1  Schedule 2

Repeal the Schedule, substitute:

Schedule 2Fees for work done and services performed

Note:       See rule 52.02.

  

  

1  Application of this Schedule

                   This Schedule, as substituted by the High Court Amendment (Fees) Rules 2016, applies to work done or services performed on or after 1 January 2017.

2  Fees for work done and services performed

                   The following table sets out the fees allowable for work done and services performed.

 

Fees for work done and services performed

Item

Matter for which fee may be charged

Fee

 

INSTRUCTIONS

 

1

Instructions to commence or oppose a proceeding

$523.75

2

Instructions to make or oppose any interlocutory application

$261.90

3

Instructions to prepare any pleading

$261.90

4

Instructions to brief counsel

$261.90

5

Instructions to do any other thing not otherwise provided for

$261.90

 

PREPARING DOCUMENTS

 

6

Preparing any document, other than court books and correspondence:

 

 

(a) by a solicitor, if 5 minutes or less; or

$41.90

 

(b) by a solicitor, if more than 5 minutes; or

$130.95 per quarter hour or part thereof

 

(c) by a law clerk, if 5 minutes or less; or

$20.95

 

(d) by a law clerk, if more than 5 minutes

$65.50 per quarter hour or part thereof

 

PREPARING COURT BOOKS

 

7

Preparing court books, including application books, appeal books, case stated books, special case books and questions reserved books

$130.95 per quarter hour or part thereof

8

If court books are prepared in‑house, the Taxing Officer may allow a reasonable amount in the circumstances for their copying and binding

 

 

PREPARING CORRESPONDENCE

 

9

Preparing:

 

 

(a) simple correspondence; or

$52.40 per page of text

 

(b) other correspondence

$130.95 per page of text

 

READING DOCUMENTS

 

10

Reading:

 

 

(a) simple correspondence; or

$10.50 per page of text

 

(b) other correspondence

$130.95 per quarter hour or part thereof

11

Reading documents, other than correspondence:

 

 

(a) up to 10 pages of text; or

$10.50 per page of text

 

(b) otherwise

$130.95 per quarter hour or part thereof

 

EXAMINING DOCUMENTS

 

12

Examining a document to ensure that it is correct or complete (for example, a proof print of a court book):

 

 

(a) up to 10 pages of text; or

$5.25 per page of text

 

(b) otherwise

$65.50 per quarter hour or part thereof

 

COPYING DOCUMENTS

 

13

Copying documents:

 

 

(a) black and white photocopies; or

53 cents per page

 

(b) colour photocopies

$1.60 per page

 

ATTENDANCES

 

14

Attendances, including telephone attendances, research, conferences with clients, conferences with counsel and attendances at Court to file or collect documents:

 

 

(a) by a solicitor, if 5 minutes or less; or

$41.90

 

(b) by a solicitor, if more than 5 minutes; or

$130.95 per quarter hour or part thereof

 

(c) by a law clerk, if 5 minutes or less; or

$20.95

 

(d) by a law clerk, if more than 5 minutes

$65.50 per quarter hour or part thereof

15

Attendances in Court, including travelling time to and from Court:

 

 

(a) by a solicitor; or

$130.95 per quarter hour or part thereof

 

(b) by a law clerk

$65.50 per quarter hour or part thereof

 

Note:       The Taxing Officer has the discretion to allow for the attendance of more than one solicitor or law clerk in Court if the circumstances warrant it

 

16

Any other attendance not otherwise provided for

$65.50 per quarter hour or part thereof

 

GENERAL CARE AND CONDUCT

 

17

In complex or novel matters the Taxing Officer may allow an additional amount for the general care and conduct of the matter, not exceeding 5% of the total of the fees and disbursements otherwise allowed

 

 

WITNESSES’ EXPENSES

 

18

For each witness, including that witness’ travelling time

$261.90 per hour or part thereof

19

If a witness is an expert, the Taxing Officer may allow an amount equal to the expert’s actual fees for preparing to give evidence and for attending to give evidence

 

 

DISBURSEMENTS

 

20

All disbursements reasonably incurred and paid are to be allowed

 

 

MISCELLANEOUS

 

21

In unusual cases, or in instances which are not otherwise covered by the preceding items, the Taxing Officer may allow such additional charges or disbursements as are reasonable in the circumstances