Rules of the Supreme Court (Practitioners' Fees) 20003 April 2000
We, the Honourable William John Ellis Cox, Companion of the Order of Australia, Chief Justice, and the Honourable Peter George Underwood, the Honourable Ewan Charles Crawford and the Honourable Peter Ethrington Evans, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 .
These Rules of Court may be cited as the Rules of the Supreme Court (Practitioners' Fees) 2000 .
These Rules of Court take effect on the day on which their making is notified in the Gazette.
In these Rules, the Rules of the Supreme Court 1965 are referred to as the Principal Rules.
4. Appendix M amended (Scale of fees to be allowed to legal practitioners)
Appendix M to Part 1 of the Principal Rules is amended by omitting Table A and substituting the following table:Table A
Item
Fee ($)
Instructions:
1.
To institute or defend any original proceeding (including instructions to institute or defend interpleader proceedings) and to appeal –
97.00
(a) no fee is allowable under this item to the Sheriff for instructions to interplead; and
(b) no fee is allowable for instructions to take or oppose any interlocutory proceedings in a cause or matter, unless the taxing officer is satisfied that instructions were necessary, except, in the case of a person not a party to the action or matter who is respondent to a petition in a pending cause or matter.
2.
For a statement of claim, defence, counterclaim, special case, originating petition, originating notice of motion, originating summons, or other originating process:
97.00
Where –
(a) the instructions for a defence cover or include the instruction for a counter-claim, only one fee is allowable; and
(b) separate instructions –
(i) are not required for pleadings, no fee should be allowed under this item; or
(ii) are required for pleadings, the fee allowed under this item is an amount the taxing officer determines after taking into account the fee allowed under item 1 and after being satisfied of the need for those instructions, the time spent in taking those instructions and the status of the person taking them.
3.
For other pleadings, processes, statements of fact, reports, accounts, and other similar documents when proper and not otherwise provided for, for interrogatories, for affidavits verifying interrogatories and other special affidavits, and for payment into or out of Court, if the taxing officer is satisfied that any special further instruction was necessary.
72.00
Where separate instructions –
(a) are not required for pleadings, no fee should be allowed under this item; or
(b) are required for pleadings, the fee allowed under this item is an amount the taxing officer determines after taking into account the fee allowed under item 1 and after being satisfied of –
(i) the need for those instructions; and
(ii) the time spent in taking those instructions; and
(iii) the status of the person taking them.
4.
To amend a pleading if the taxing officer is satisfied that any further special instruction was necessary.
47.00
5.
For particulars to be supplied if the taxing officer is satisfied that any further special instruction was necessary.
47.00
6.
For brief, such fee may be allowed as the taxing officer thinks fit having regard to all the circumstances of the case.
No allowance is to be made under item 6 in respect of any attendance, perusal, work, or service which is allowed for under some other item, and in fixing the amount to be allowed under item 6, the taxing officer is to have regard to any allowance made for earlier instructions in the cause or matter so that, in no case, are any instructions to be allowed for more than once.
Process:
7.
An originating process.
68.00
8.
The renewal of a writ.
28.00
9.
A writ for a subpoena for any number of witnesses.
39.00
The names of any number of witnesses may be included in a subpoena ad testificandum and the taxing officer is not to allow any costs in respect of such a subpoena which has been issued unnecessarily.
10.
A writ of execution or other writ to enforce a judgment or an order.
65.00
11.
A writ not included above.
68.00
The fees specified in items 7 to 11 include drawing and engrossing and any endorsement and copy to be filed on the sealing of the writ, any attendance to issue the writ and any copy for service, but exclude the service of the writ.
12.
An interlocutory summons or notice to attend in chambers or in court as in chambers (including drawing and engrossing and copy for judge and attending to issue the interlocutory summons or notice and copies for service).
33.00 up to and including 50.00
13.
A certificate of readiness.
50.00
Appearance:
14.
Entering an appearance (including preparation of memorandum and attending to enter appearance, copy and service).
28.00
Drawing documents
15.
Drawing a document, including a pleading, particulars, affidavit, brief, judgment, bill of costs and any other document not otherwise provided for, for each folio.
6.50
No fee is allowable for drawing in respect of a matter which is a copy, repetition, or adaptation of an existing document or part of an existing document (including the title of the Court and the cause or matter).
Copies
16.
A copy of a document if no other provision is made –
(a) for each folio of an original copy;
3.30
(b) for each page of a carbon copy;
0.70
(c) for each page of a photo copy.
0.70
If two or more copies of a document can be made at the same time by a typewriter or other machine, the fee for an original copy may be allowed for one copy in every three copies made.
The solicitor is entitled to be allowed the prescribed fee for an additional copy beyond the original in any case in which it appears to the taxing officer that that copy was necessarily made.
A copy of a document for the country solicitor in an agency matter is not allowable as of course, but the allowance depends on the propriety of sending the copy which is to be shown and considered by the taxing officer.
A copy of a writ of summons or of an interlocutory proceeding (other than any pleading, interrogatory, notice of motion or notice to admit or produce) for the country solicitor is not ordinarily to be allowed.
Perusals:
17.
Perusal of all necessary documents, other than formal and ordinary letters and entries of appearance, for each folio –
3.00
(a) no allowance is to be made for perusal of a document when preparing for trial, but the time occupied in that perusal may be considered in fixing an allowance under item 6; and
(b) if the solicitor is already familiar with the contents of the document, no allowance, or a smaller allowance than that above-mentioned, is to be made as the taxing officer thinks proper; and
(c) the allowance for perusal is to be allowed once only for each document.
Attendances:
18.
A proper attendance of a solicitor –
(a) being other than a formal attendance –
(i) for each hour, a fee may be allowed as the taxing officer thinks fit, having regard to the degree of difficulty of the case, the experience and any particular expertise of the solicitor and all the circumstances of the case; or
54.00 up to and including 160.00
(ii) proportionately for part of an hour; or
(b) being a formal attendance.
14.00
19.
A proper attendance of a clerk –
(a) being other than a formal attendance –
(i) for each hour; or
40.00
(ii) proportionately for part of an hour; or
(b) being a formal attendance.
9.00
(c) for sending a document by facsimile transmission anywhere in Australia, including disbursements (or if a very long document, in the discretion of the taxing officer)
4.50
20.
A proper attendance of an articled clerk with a limited right of audience –
(a) being other than a formal attendance –
(i) for each hour; or
40.00
(ii) proportionately for part of an hour; or
(b) being a formal attendance.
9.00
Services:
21.
(1) Service, or filing instead of service, of any writ, summons, petition, order or notice (including notice of motion) on a person proper to be served therewith who has not entered an appearance, and if not authorised to be served by post.
32.00
Or any other fee as in special circumstances the taxing officer thinks proper.
(2) If served at a distance of more than two kilometres from the nearest place of business or office of the solicitor (whether principal or agent) serving the same or through whom service is effected –
(a) if served by the solicitor or the solicitor's clerk, for each two kilometres (one way) beyond each such two kilometres, and in addition to the fee allowed under subclause (1); or
3.30
(b) if served by any other person, the sum actually and reasonably paid.
(3) If, in the opinion of the taxing officer, a more expensive means of service has been adopted than should have been adopted, the taxing officer is to allow for the service only the fee as would have been paid if the less or the least expensive means of service had been adopted.
(4) If more than one attendance is necessary to effect service or to ground an application for substituted service, a further allowance may be made as the taxing officer thinks fit.
(5) For service out of the jurisdiction, an allowance may be made as the taxing officer thinks fit.
(6) If any writ, order, notice of motion, summons, petition, notice or other process or any two of them have to be, are or ought to be, or the taxing officer is of the opinion that they should have been, served together, one fee only for service is to be allowed.
Correspon-dence, etc:
22.
(1) The following fees are allowable:
(a) formal letter;
14.00
(b) ordinary letter;
18.00
(c) special letter;
31.00
(or if very long or very special, in the discretion of the taxing officer)
(d) circular letters after the first.
3.00
(2) If two or more letters in similar terms are to be sent to two or more persons, all the letters except the first are to be allowed for as circular letters.
(3) No letter (other than a letter before action) is to be allowed for, unless the taxing officer is satisfied that it was necessary.
23.
For any necessary postage, carriage, or transmission of a document, in the discretion of the taxing officer.
Default judgments:
24.
Entering judgment by default without an order (including any instructions, drawing, engrossing any copy and attendance to have judgment entered).
39.00
w. j. e. cox
Chief Justice
P. G. Underwood
Puisne Judge
e. c. crawford
Puisne Judge
p. e. evans
Puisne Judge
Countersigned,
i. g. ritchard
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 12 April 2000
These Rules of Court are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules amend the Rules of the Supreme Court 1965 by increasing the scale of fees allowed to legal practitioners.