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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 24 November 2017 at 23:56)
Schedule G
Schedule G Costs
P 52, rr 67, 68.
Table 1
General
Appendix A
Statement of claim etc—
  
$
1.
Drawing statement of claim
9.50
 
or per folio
1.60
2.
Drawing summons
9.50
 
or per folio
1.60
3.
Drawing and attending to obtain—
 
 
(a)  a subpoena to give evidence, including copy for service
6.50
 
and for each additional witness
1.00
 
(b)  a subpoena for production or for production and to give evidence, including copy for service
6.50
 
and per folio, for each folio excluding printed matter beyond three
1.60
4.
Writs of execution or other writs, including drawing and engrossing and all endorsements and copies for service and attending to issue
9.25
Service
5.
Service or attempted service by a solicitor or his employee or filing in lieu of service, where service by post is not authorised
3.75
6.
If at a distance beyond 3 kilometres from the nearest place of business of the solicitor serving a document, at the Scale under section 9 of the Sheriff Act 1900, except in special circumstances.
 
7.
Where a service by post or by leaving a copy of a document in an exchange box or at a document exchange under Part 9 rule 4 (1) (d) or by transmitting information in a document to a facsimile transmission number under Part 9 rule 4 (1) (e) is authorised
2.25
8.
Service by persons other than those specified in items 5, 6 and 7, discretionary, but not exceeding the amount payable under those items.
 
Appearances
9.
Preparing and filing notice of appearance (including copy for service)
5.75
10.
If entered at the one time for more than one person, for every defendant beyond the first
0.50
Preparing for hearing
11.
  (Repealed) 
Drawing
12.
Any document where no other provision is made, per folio or part
1.60
Copies
13.
Of any document, where no other provision is made—
 
 
(a)  typed or written, per folio
0.50
 
(b)  printed or carbon, per folio
0.25
 
(c)  photographed, per page, discretionary.
 
Perusal
14.
Of any document where no other provision is made, per folio
0.50
 
or per hour
15.00
Attendance
15.
To file any document where not elsewhere included, to lodge any document for, or to pick up after signature, or any other attendance involving analogous work or any formal attendance
1.75
16.
To file or lodge any document which requires an appointment to be signed by a clerk in the registry or to get any consent order signed
2.25
17.
To settle any minute of order or judgment or obtain signature of a judge, associate Judge or officer of the Court to an order which is not consented to
3.75
 
or per hour
15.00
18.
To search the list or for appearance or other document
1.75
19.
To pay money into Court (including filing any necessary document), or to bespeak payment out (including receiving cheque)
3.75
20.
To obtain consent of tutor
3.75
21.
To obtain or give any consent or undertaking
3.75
 
or if by telephone
1.75
22.
To produce documents for inspection
3.75
 
or if personal supervision necessary, per hour
15.00
 
or if unqualified clerk attends, discretionary.
 
23.
To inspect documents
7.50
 
or per hour
15.00
 
or if unqualified clerk attends, discretionary.
 
 
Any necessary clerical assistance, per hour
3.75
24.
To examine and sign admissions
5.50
 
or per folio
1.25
25.
For collating necessary material for appeal papers; attendances on the printer, examining and general oversight of their proper preparation
11.00
 
or per hour
15.00
26.
On deponent to swear an affidavit or for a solicitor or his clerk to swear an affidavit or such additional amount as the taxing officer thinks fit
3.75
27.
To mark annexure
0.25
28.
On counsel to deliver brief
1.75
29.
On counsel to appoint conference or consultation
1.75
30.
On conference or consultation with counsel, per hour
15.00
 
or if unqualified clerk attends, discretionary.
 
31.
In Court instructing counsel on any hearing, per hour
15.00
 
or if unqualified clerk attends, discretionary.
 
32.
For any short attendance in Court without counsel
7.50
33.
For any other attendance in Court on any hearing without counsel or for any attendance by a solicitor which involves a high degree of skill and responsibility, per hour
22.00
 
or such additional amount as the taxing officer thinks fit.
 
34.
Clerk’s attendance, if in the opinion of the taxing officer, his attendance was reasonably necessary in view of the number of witnesses expected to be called on any day, per day
15.00
35.
To hear reserved judgment
7.50
 
or per hour
15.00
 
or if unqualified clerk attends, discretionary.
 
36.
To tax a bill of costs
5.50
 
or per hour
15.00
 
or if unqualified clerk attends, discretionary.
 
37.
To bespeak and obtain a transcript copy of evidence, judgment, copy of the jury panel or any other necessary document
3.75
38.
Any telephone attendance
1.75
 
or such additional amount as the taxing officer thinks fit.
 
39.
Attendance where no other provision is made
3.75
 
or per hour
15.00
 
or if unqualified clerk attends, discretionary.
 
Travelling and Waiting
40.
For each day of not less than six hours employed in travelling or in waiting (plus reasonable travelling expenses and sustenance)
90.00
 
Where less time than six hours is so employed, per hour
15.00
 
or for an unqualified clerk, discretionary.
 
Letters
40A.
Where no other provision is made—
 
 
(a)  ordinary
2.75
 
(b)  short formal
1.75
 
(c)  circular after the first
0.75
 
(d)  others discretionary.
 
41.
Skill, care and responsibility, discretionary.
 
Winding up proceedings
41A.
For work done for the applicant in proceedings in a winding up by the Court under the Companies Act 1961 or Companies (New South Wales) Code
 
 
(a)  in respect of an application for an order appointing a provisional liquidator, up to and including lodgment and delivery of a copy of the order under Rule 50 (3) of the Companies Rules 1968 or delivery of an office copy of the order under Part 80 rule 26,
 
 
(i)  where counsel does not appear on the hearing
130.00
 
(ii)  where counsel appears on the hearing
115.00
 
(b)  in respect of an application for an order appointing a liquidator, but not in respect of an application for an order appointing a provisional liquidator, up to and including lodgment, service and delivery of a copy of the order under Rule 54 of the Companies Rules 1968 or lodgment, service and delivery of an office copy of the order under section 370 (2) of the Companies (New South Wales) Code,
 
 
(i)  where counsel does not appear on the hearing
240.00
 
(ii)  where counsel appears on the hearing
215.00
Appendix B
Business Done After 8 February 1974
In respect of business done after 8 February 1974, and on or before 1 August 1975, the costs in Appendix A shall be increased by 36 per cent.
Appendix C
Business Done After 1 August 1975
In respect of business done after 1 August 1975 and on or before 23 September 1977 the costs in Appendix A shall be increased by 80 per cent.
Appendix D
Business Done After 23 September 1977
In respect of business done after 23 September 1977 and on or before 31 October 1980 the costs in Appendix A shall be increased by 110 per cent.
Appendix E
Business done after 31 October 1980
In respect of business done after 31 October 1980 and on or before 16 April 1982 the costs in Appendix A shall be increased by 160 per cent.
Appendix F
Business done after 16 April 1982
In respect of business done after 16 April 1982 and on or before 31 December 1983 the costs in Appendix A shall be increased by 225 per cent.
Appendix G
Business done after 31 December 1983
In respect of business done after 31 December 1983 the costs in Appendix A shall be increased by 294 per cent.
Table 2
Fixed costs
  
Higher
scale
$
Lower
scale
$
42.
Under Part 7 rule 4 (money claim)
182
91
43.
Under Part 52 rule 10 where judgment is entered under Part 17 (except where item 44 applies) in default of appearance or of defence or of verification of defence
253
127
44.
Under Part 52 rule 10 where judgment for possession of land is entered under Part 17 in default of appearance or of defence
326
-
45.
Amount to be allowed where a solicitor is the plaintiff and acts for himself or where a member of his firm acts for him, instead of the amounts fixed by item 42
127
64
 
and instead of the amounts fixed by item 43
199
100
 
and instead of the amounts fixed by item 44
271
-
46.
Amount to be added where an order under Part 10 rule 2, for leave to proceed has been obtained
40
21
47.
Amount to be allowed on a writ of execution
91
46
47A.
Amount to be allowed on a writ of possession after the first
122
-
NOTE:
 
1   
In this Table—
(a)  “Higher scale” means the amount payable apart from Part 52 rule 24 (3),
(b)  “Lower scale” means the amount payable where Part 52 rule 24 (3) (d) applies,
(c)  the amounts allowed in items 42–45 include out of pocket expenses, other than those properly paid for filing the originating process, which fee must be added to those amounts,
(d)  the amounts allowed in items 47 and 47A include out of pocket expenses, other than the fees properly paid for service or execution of the writ, but not in excess of the scale under section 9 of the Sheriff Act 1900, which fees must be added to those amounts.
2   
The costs mentioned in items 42–46 apply in respect of proceedings commenced after 31 December 1983.
3   
The costs mentioned in items 47 and 47A apply in respect of a writ issued after 31 December 1983.
Table 3
Allowances to Witnesses
  
$
48.
Barristers, solicitors, medical practitioners, surveyors, architects, accountants, pharmacists and other professional persons
76
 
or per hour
56
49.
Whenever the persons mentioned in Item 48 are called to give expert evidence and not evidence of fact—
 
 
(a)  to give expert evidence, including travelling to Court, where period from departure from home, hospital, place of practice, office, place of employment or other place to return thereto from attendance at Court does not exceed one and a half hours
116
 
(b)  for every full hour after the first half hour, or a proportion thereof if not for a full hour
56
 
(c)  the amounts payable under (a) and (b) above shall not exceed a total of $462 per day.
 
50.
Travelling and other allowances—
(a)  payment to be made at the rate of 70 cents per kilometre one way after the first kilometre up to and including 80 kilometres,
(b)  exceeding 80 kilometres—the reasonable cost thereof plus the cost of reasonable accommodation and meals.
 
51.
Other witnesses:
 
 
Such allowance as is commensurate with the witness’s remuneration or circumstances but not exceeding the allowances provided by the preceding three items.
 
52.
Such additional sum as is reasonable for travelling expenses and sustenance and in cases where accommodation is required such further sum as having regard to all the circumstances is reasonable and has been paid in respect thereof.
 
53.
The taxing officer may also allow such amount as he thinks has been reasonably and properly incurred and paid to witnesses for qualifying to give skilled evidence.
 
Table 4
Medical examinations and reports
  
$
54.
(a)  report made by an attending general practitioner—
 
 
(i)  where a re-examination of a patient is not required
32
 
(ii)  where a re-examination of a patient is required
58
 
(b)  report made by an attending specialist—
 
 
(i)  where a re-examination of a patient is not required
48
 
(ii)  where a re-examination of a patient is required
80
 
(c)  report made by a specialist who has not previously treated the patient—
 
 
(i)  where an examination is not required
58
 
(ii)  where an examination is required
97
 
(d)  attending a joint examination (including travelling time where the distance does not exceed 8 kilometres)—
 
 
(i)  as examining practitioner (including provision of report)
116
 
(ii)  as non-examining practitioner when the examination is conducted by another practitioner
48
 
(iii)  provision of report by non-examining practitioner (see (ii) above)
48
 
or, in respect of this Table, such higher amount as the taxing officer thinks fit.
 
Table 5
Probate
55.
In respect of proceedings commenced after 23 December 1977, in respect of the estates of persons who died before 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration (including satisfying any requisition made by the Commissioner of Stamp Duties after the date of grant, the perusal and checking of the assessment of duty and the payment of duty under the Stamp Duties Act 1920 and all work and attendances incidental to these matters including the uplifting of the grant) shall be allowed in accordance with the scale below.
  
Costs
allowed
$
Gross value of the estate as accepted by the Commissioner of Stamp Duties
 
not exceeding $1,000
80
 
exceeding $1,000 but not exceeding $2,000
100
 
exceeding $2,000 but not exceeding $4,000
120
 
exceeding $4,000 but not exceeding $6,000
155
 
exceeding $6,000 but not exceeding $8,000
170
 
exceeding $8,000 but not exceeding $10,000
190
 
exceeding $10,000 but not exceeding $12,000
215
 
exceeding $12,000 but not exceeding $14,000
250
 
exceeding $14,000 but not exceeding $16,000
290
 
exceeding $16,000 but not exceeding $18,000
330
 
exceeding $18,000 but not exceeding $20,000
390
 
and thereafter at the rate of $15.60 for each $2,000 in excess of $20,000 and a maximum of $4,134 costs.
 
55A.
In respect of the estates of persons who die on or after 31 December 1981, costs of and incident to the obtaining for the first time of probate or administration or of resealing of probate or letters of administration and costs of and incident to the disclosure of assets and liabilities under section 81A (1) and (2) of the Wills, Probate and Administration Act 1898 and the uplifting of documents issued under section 91 (2) of that Act shall be allowed in accordance with the scale below—
 
Disclosed value of assets
$
Costs
allowed
$
 
not exceeding 7,500
250
 
exceeding 7,500 but not exceeding 15,000
375
 
exceeding 15,000 but not exceeding 25,000
435
 
exceeding 25,000 but not exceeding 40,000
500
 
exceeding 40,000 but not exceeding 55,000
565
 
exceeding 55,000 but not exceeding 70,000
630
 
exceeding 70,000 but not exceeding 85,000
695
 
exceeding 85,000 but not exceeding 100,000
760
 
exceeding 100,000 but not exceeding 125,000
855
 
exceeding 125,000 but not exceeding 150,000
950
 
exceeding 150,000 but not exceeding 175,000
1,045
 
exceeding 175,000 but not exceeding 200,000
1,140
 
exceeding 200,000 but not exceeding 250,000
1,300
 
exceeding 250,000 but not exceeding 300,000
1,460
 
exceeding 300,000 but not exceeding 400,000
1,680
 
exceeding 400,000 but not exceeding 500,000
1,900
 
exceeding 500,000
2,100
56.
In respect of proceedings commenced after 23 December 1977, costs of and incident to the obtaining of any grant or resealing after the first up to and including the uplifting of the probate or letters of administration so granted or resealed shall be allowed in accordance with the scale below.
 
Value of the assets remaining to be administered at the time
of application for the grant
Costs
allowed
$
 
not exceeding $1,000
80
 
exceeding $1,000 but not exceeding $2,000
100
 
exceeding $2,000 but not exceeding $4,000
120
 
exceeding $4,000 but not exceeding $6,000
155
 
exceeding $6,000 but not exceeding $8,000
170
 
exceeding $8,000 but not exceeding $10,000
190
 
exceeding $10,000 but not exceeding $12,000
215
 
exceeding $12,000 but not exceeding $14,000
235
 
exceeding $14,000 but not exceeding $16,000
250
 
exceeding $16,000 but not exceeding $18,000
270
 
exceeding $18,000 but not exceeding $20,000
295
 
and thereafter at the rate of $4 for each $2,000 in excess of $20,000 and a maximum of $1,255 costs.
 
Table 6
Miscellaneous
57–
58A.
  (Repealed)
58.
The prescribed amount under Part 52 rule 69 (1) (adoption application) shall be $460 plus disbursements (including counsel’s fees and registration fees, if any).
59.
The prescribed amount under Part 52 rule 70 (obtaining certificate of judgment) shall be $264.
60, 61.
  (Repealed)