Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see r 3)
substitute
Schedule 3 Costs
(see o 65 r 7)
column 1 item | column 2 matter in relation to which charge is made |
column 3 charge ($) | |
|---|
Part 3.1 Instructions | |||
| 1 | to sue or defend, to appeal or oppose an appeal | 125.30 | |
| 2 | for statement of claim, petition, special case or counterclaim | 125.30 | or the additional amount the taxing officer considers appropriate |
| 3 | for defence | 107.20 | or the additional amount the taxing officer considers appropriate |
| 4 |
for— (a) a reply; or (b) amending a pleading; or (c) a document to be brought into the registrar's office (for example, an account or deed); or (d) adding parties by order; or (e) a bond or other deed; or | 44.70 | or the additional amount the taxing officer considers appropriate |
| | (f) retaining counsel, including preparing retainer | | |
| 5 |
for— (a) a pleading not otherwise provided for; or (b) interrogatories for the examination of a party or witness; or (c) an affidavit in answer to interrogatories or other special affidavit; or (d) discovery or an affidavit of discovery; or (e) an application for an order that a matter be heard before the Full Court; or (f) a brief on application in chambers |
89.40 | or the additional amount the taxing officer considers appropriate |
6 | for— (a) an application whether in court, before the registrar or in chambers; or (b) opposition to an application; or (c) the taxing of a bill of costs | 89.40 | or the additional amount the taxing officer considers appropriate |
| 7 | for brief to advise on evidence | 80.50 | or the additional amount the taxing officer considers appropriate |
| 8 | for— (a) a statement of facts in an action; or (b) a request for particulars; or (c) particulars | 89.40 | or the additional amount the taxing officer considers appropriate |
| 9 | for brief in preparation for trial |
the amount the taxing officer considers appropriate | |
| Part 3.2 Drawing | |||
| 10 | for an originating process or counterclaim | 66.80 | or, if longer than 7 folios, 9.40 per folio |
| 11 | for any other pleading, or an amendment of a pleading | 44.70 | or, if longer than 4 folios, 9.40 per folio |
| 12 | for— (a) a notice of interlocutory motion; or (b) a notice to produce documents; or (c) a notice to admit facts; or (d) a special case; or (e) interrogatories; or (f) a special affidavit; or (g) a brief (including observations) | 40.90 | or, if the document is longer than 4 folios, 9.40 per folio |
| 13 | a formal affidavit, including an affidavit of service | 31.50 | |
| 14 | any other document | 17.70 | or, if longer than 1 folio, 10.50 per folio |
| Part 3.3 Engrossing | |||
| 15 | of a document | 2.70 | per folio |
|
Part 3.4 Copies | |||
| 16 | of any document, or of multiple documents copied at the same time— | | |
| | (a) for each of the first 10 copies; or | 2.40 | per page |
| | (b) for each additional copy up to 100 copies; or | 1.00 | per page |
| | (c) for each additional copy over 100 copies | 0.30 | per page |
Part 3.5 Perusal | |||
| 17 | of— (a) an originating process; or (b) a pleading; or (c) a notice of motion; or (d) interrogatories; or (e) a special case; or (g) a notice to admit | 31.50 | or, if the document is longer than 8 folios, 3.60 per folio |
| 18 | of any other document, if it is necessary to peruse | 3.60 | per folio |
| 19 | of a document by scanning it, if it is not necessary to peruse | 4.90 | or, if the document has more than 10 pages, the additional amount the taxing officer considers appropriate |
| Part 3.6 Attendances | |||
| 20 | for personal service, if necessary | 66.80 | or the additional amount the taxing officer considers appropriate |
| 21 | for service— (a) at the office of a solicitor on the record or the address for service of a party; or (b) by post; or (c) made through a document exchange | 27.00 | |
| 22 | by a solicitor, necessarily or properly engaged, if the solicitor holds an unrestricted practising certificate or has been the holder of a practising certificate for at least 2 years— (a) to instruct counsel; or (b) on taxation of a bill of costs or other matter; or (c) at conference with counsel; or (d) on a view; or (e) on witness or other person; or (f) to inspect or produce a document; or (g) to prepare appeal papers | 178.80 | per hour |
| 23 | by a solicitor, necessarily or properly engaged, if the solicitor is a solicitor not mentioned in item 22— (a) to instruct counsel; or (b) on taxation of a bill of costs or other matter; or (c) at conference with counsel; or (d) on a view; or (e) on witness or other person; or (f) to inspect or produce a document; or (g) to prepare appeal papers | 125.30 | per hour |
| 24 | by a clerk, necessarily or properly engaged— (a) to instruct counsel; or (b) on taxation of a bill of costs or other matter; or (c) at conference with counsel; or (d) on a view; or (e) on witness or other person; or (f) to inspect or produce a document; or (g) to prepare appeal papers | 62.50 |
per hour |
| 25 | other than an attendance already mentioned, in court or any hearing without counsel— | | |
| | (a) by a solicitor holding an unrestricted practising certificate, or a solicitor who has been the holder of a practising certificate for at least 2 years; or | 268.10 |
per hour or the additional amount the taxing officer considers appropriate |
(b) by any other solicitor | 187.70 | per hour or the additional amount the taxing officer considers appropriate | |
| 26 | by a solicitor involving a high degree of skill and responsibility | 268.10 | per hour |
| 27 | in court or chambers or before the registrar— (a) to take a reserved judgment; or (b) to mention a matter; or (c) for an adjournment; or (d) for another reason | 71.50 | or 178.80 per hour |
| 28 | at the registry or other office or place for— (a) filing, delivering, or collecting a document; or (b) a purpose not involving the exercise of legal skill or knowledge | 22.20 | or the additional amount the taxing officer considers appropriate |
| 29 | formal telephone attendance |
22.20 | |
| 30 | any other attendance by a solicitor (including travelling and waiting time and including a telephone attendance) | 35.80 | or 44.70 per quarter hour |
| 31 | any other attendance by a clerk (including travelling and waiting time and including a telephone attendance) | 22.20 |
or 15.50 per quarter hour |
| 32 | if the taxing officer is satisfied, in relation to travel, that the purpose of the journey could not have been satisfactorily accomplished by an agent and that— | | |
| | (a) a solicitor has been necessarily absent from the place where the solicitor carries on practice; or | an allowance (in addition to reasonable travelling expenses) for each day (other than Saturdays and Sundays) that the solicitor is absent, of the amount the taxing officer considers reasonable, that is not more than 1 043.90 | |
| | (b) a clerk has attended in place of the solicitor | an allowance (in addition to reasonable travelling expenses) for each day (other than Saturdays and Sundays) that the clerk is absent, of the amount the taxing officer considers reasonable, that is not more than 268.10 | |
| Part 3.7 Letters | |||
| 33 |
ordinary letter | 22.20 | or 10.80 per folio |
| 34 | special letter |
36.80 | or 10.80 per folio |
| 35 | formal letter of acknowledgment |
15.00 | |
| 36 | circular letters after the first | 6.80 | |
| 37 | fax copy or telex, including attendance to send | 35.20 | or a fee that is reasonable in the circumstances |
| 38 | receiving and filing any incoming letter (postage and transmission fees properly incurred may be claimed as a disbursement) | 9.40 | |
| Part 3.8 Witness expenses | |||
| 39 |
a witness called because of the witness's professional, scientific or other special skill or knowledge | 877.10 | per day |
| 40 | a witness called other than because of the witness's professional, scientific or other special skill or knowledge | 92.50 | per day |
| 41 | a witness paid in the witness's occupation by wages, salary or fees | the amount lost by attendance at court | |
| 42 | a witness qualifying to give skilled evidence | the additional amount the taxing officer considers reasonable and properly incurred and paid | |
| 43 | if the witness lives more than 50km from the court | the additional amount the taxing officer considers reasonable for the actual cost of travel, and for accommodation and meals | |
| 44 | attendance at court by a witness acting as an expert in assisting counsel or a solicitor for a period during the trial or hearing | the amount the taxing officer considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses) | |
| Part 3.9 Disbursements | |||
|
45 | all court fees, counsel's fees and other fees and payments | allowed to the extent that they have been properly and reasonably incurred and paid | |
Note Order 3 rule 3 prescribes when certain costs and disbursements must be allowed without taxation.