High Court Amendment Rules 2013 (No. 2) (Cth)

High Court Amendment Rules 2013 (No. 2)1 Select Legislative Instrument 2013 No. 257

We, Justices of the High Court of Australia, make the following Rules of Court under the Judiciary Act 1903, Commonwealth Electoral Act 1918, Nauru (High Court Appeals) Act 1976 and High Court of Australia Act 1979.

Dated 26 November 2013

R. S. FRENCH K. M. HAYNE S. M. CRENNAN S. M. KIEFEL V. M. BELL S. J. GAGELER P. A. KEANE

Justices of the High Court of Australia A. M. PHELAN Chief Executive and Principal 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 2014.

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 2014.

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 297.50 2 To make or oppose any interlocutory application 132.10 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 297.50 4 For any pleading (other than a statement of claim) 231.10 5 To amend any pleading 79.60 6 For a statement of facts or an agreed statement of facts in a matter 231.10 7 For interrogatories, answers to interrogatories, special affidavits or an affidavit (not being a formal affidavit) 178.30 8 For counsel to advise 127.20 9 For a document not otherwise provided for 49.80 10 For a brief for counsel on a hearing or application in Court or brief notes for solicitor 165.20 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. WRITS 11 Writ of Summons for the commencement of an action or other writ not specifically provided for 137.50 12 Concurrent Writ of Summons 49.50 13 Writ of Subpoena 71.90 14 If any of the above writs exceeds 3 folios, for each extra folio 9.90 Note These costs include all endorsements, and copies (for the officers sealing them) and attendances to issue or seal, but not the Court fees. SUMMONSES 15 Any summons including preparation, copies and attendance to issue, including attendance to fix return date 84.40 — if more than 3 folios, for each extra folio 9.90 APPEARANCES AND NOTICES 16 Preparing and entering an appearance including duplicate memorandum and Notice of Appearance for service 139.20 17 Any necessary or proper notice or memorandum not otherwise provided for, or any demand 46.60 — if more than 3 folios, for each extra folio 9.90 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. DRAWING 18 Drawing any pleading or affidavit not exceeding 5 folios 132.10 — or, per folio 18.60 19 Drawing any other document where no other provision is made — per folio 18.20 ENGROSSING 20 Marking each exhibit to an affidavit 3.30 21 Engrossing any document — per folio 6.90 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 3.30 PERUSAL AND EXAMINATION 23 Perusal of any document including special letter, telegram, telex or similar document 49.30 — or, per folio 6.90 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 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 49.50 — clerk 16.00 CORRESPONDENCE 25 Short letter including a formal acknowledgment, making appointments, forwarding documents without comment 23.40 26 Ordinary letter (including letters between principal and agent) 39.70 27 Circular letter (after the first) each 13.10 28 Special letter or letter containing opinion and including letters of substance between principal and agent 65.90 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) 65.90 or Such sum as the Taxing Officer thinks reasonable in the circumstances 30 Receiving and filing any incoming special letter, facsimile, telegram or telex 3.30 Note Postage and transmission fees may be claimed as a disbursement properly incurred.