Instructions

1

To sue or defend, to appeal or oppose an appeal or for any other originating proceeding

152.00

2

To make or oppose an interlocutory application or motion to the Court or a Judge or an officer of the Court

67.00

3

For a case for opinion of counsel or for counsel to advise (including attendance on counsel with brief)

65.00

4

For an interrogatory, answer to an interrogatory or an affidavit (except a formal affidavit), an admission or a list of documents (and affidavit verifying)

90.00

5

For brief for counsel on application in chambers or brief notes for solicitor (if necessary)

or

in respect of items 1 to 5 of this scale, having regard to all the circumstances of the case

83.00

any other amounts that may be allowed by the taxing officer

6

For brief for counsel or brief notes for solicitor (if necessary), having regard to all the circumstances of the case

a sum that the taxing officer thinks fit

7

For a necessary document not otherwise provided for, having regard to all the circumstances of the case

a sum that the taxing officer thinks fit

8

Any notice of appearance, including copies, filing and service by respondent

84.00

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 for each folio

67.00

3.00

10

Any simple notice or memorandum such as a notice for discovery, including copies, filing (if necessary) and service

54.00

11

Notice to produce, notice to admit or any similar notice, including copies, filing (if necessary) and service

if more than 3 folios—add for each folio

67.00

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 for each folio

For copy documents to accompany brief

58.00

6.00

the other charges in this scale that are appropriate

13

Any necessary subpoena, including issuing one copy to serve and arranging for service

46.00

Drawing

14

Any necessary document—for each folio

7.00

Engrossing or Typing

15

Any necessary document—for each folio

2.00

Copies

16

Of any document, including carbon, photographic or machine-made copy—for each page

except if allowance for 10 or more pages is claimed in respect of any document or documents

1.00

the costs to be allowed for the copies are at the discretion of the taxing officer

Perusal

17

Of any document (if necessary) including special letter, telegram or telex, up to 3 folios

or per folio

except that, if allowance for 30 or more folios is claimed in respect of any document or documents

12.00

2.00

the costs to be allowed for perusal are at the discretion
of the taxing officer

18

If it is not necessary to peruse but it is necessary to scan a document—for each page

except that, if allowance for 10 or more pages is claimed in respect of any document or documents

3.00

the costs to be allowed for scanning are at the discretion of the taxing officer

Examination

19

If it is necessary to neither peruse nor scan a document, eg an examination of an appeal book:

for examination—for each half hour

• solicitor
• clerk

54.00

12.00

Letters

20

Short letter—simple form of letter,
eg formal acknowledgment

10.00

21

Ordinary letter, including letter between principal and agent

16.00

22

Circular letter (after the first)—for each letter

6.00

23

Special letter or letter including opinion

39.00 or

an amount that is reasonable having regard to the length of the letter, the questions involved and appropriate items and charges in this scale

24

Telegram, facsimile copy, or telex including attendance to dispatch

46.00 or

an amount that is reasonable
in the circumstances

25

Receiving and filing any incoming letter

Note   Postage and transmission fees may be claimed as a disbursement properly incurred

6.00

Service

26

Personal service (except if service is able to be claimed under another item of this scale) of any document of which personal service is required

45.00 or

an amount that is reasonable, having regard to time occupied, distance travelled and other relevant circumstances

27

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

12.00

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—for each hour:

• solicitor
• clerk

98.00

25.00

29

If 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 is 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 that is capable of being made by a clerk, such as at the court registry

25.00

31

An attendance that requires the attendance of a solicitor or managing clerk and involves the exercise of skill or legal knowledge (including an attendance to inspect or negotiate)—for each quarter hour:

• solicitor
• managing clerk

43.00

11.00

32

An attendance for which no other provision is made in this scale

39.00

33

An attendance by telephone that does not involve the exercise of skill or legal knowledge

9.00

34

An attendance on counsel:

• with brief or papers (if not otherwise provided for)
• to appoint a conference or consultation
• if appointment made by telephone

25.00

25.00

9.00

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

67.00

98.00

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

197.00

197.00

883.00

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:

(a) attendance by a managing clerk:

• for each hour
• not to exceed per day

(b) attendance by any other clerk:

• for each hour
• not to exceed per day

161.00

161.00

725.00

67.00

296.00

36.00

158.00

38

To hear judgment

45.00

39

On taxation of costs:

• if a solicitor attends—for each hour or part of an hour
• if a clerk attends—for each hour or part of an hour

98.00

25.00

40

If a 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, and it is neither appropriate nor proper for an agent to attend, the taxing officer may  allow for each day of absence from the place of business (except a Saturday, Sunday or public holiday) an amount that the taxing officer thinks reasonable—not exceeding

223.00

General Care and Conduct

41

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 scale, for general care and conduct (if appropriate) including 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

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. The fees incurred may be claimed as a disbursement

43

If 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 is permitted by the Supreme Court Rules of the State or Territory concerned (Order 62, rule 35)

Corporations Law—Short Form Bill

43A

The amount as to the costs of obtaining a winding-up order, up to and including entry and service of the order under section 470 of the Corporations Law and the obtaining of a certificate of taxation

Additional costs are allowable for any adjournment in which costs have been reserved by the Court in accordance with item 36 or item 37, as the case may be

2068.00

Bankruptcy Act—Short Form Bills

43B

Short form amount that may be claimed by an applicant on the making of a sequestration order

1326.00

43C

Short form amount that may be claimed by an applicant on the dismissal of a petition

1142.00

Witnesses’ Expenses

44

Witnesses called because of their professional, scientific or other special skill or knowledge—for each day

116.00 to 578.00

45

Witnesses called, other than those covered in item 44—for each day

67.00 to 109.00

46

Witnesses remunerated in their occupation by wages, salary or fees

the amount lost by attendance at Court

47

If a witness lives more than 50 kilometres from the Court

a sum that the taxing officer thinks reasonable for the actual cost of travel, together with a reasonable amount for meals and accommodation

Disbursements

48

All court fees and other fees and payments

to the extent to which they have been properly and reasonably incurred and paid

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

Note 1   Bills of costs prepared in accordance with Order 62, rule 40 must identify costs and disbursements claimed with an item number.

Note 2   A folio comprises 72 words (there are generally 3 folios to each page).