Supreme Court Rules 2000

The fees that a practitioner is entitled to charge are prescribed by Schedule 1.

In special circumstances, instead of the fee prescribed for any item in Schedule 1, the taxing officer may allow a greater or lesser fee in respect of that item.

Subject to section 13 of the Act, any other provision of these rules or an order, in a proceeding, other than one to which subrule (4) applies, a practitioner is entitled to charge the fees set out in Part 1 of Schedule 1.

Subject to section 13 of the Act, a practitioner or barrister is only entitled to charge the fees provided for in Part 2 of Schedule 1 in an action if – the only claim or claims made by any party is or are for any one or more of the following:a sum of money, whether by way of liquidated demand or unliquidated damages; land; a chattel; and the total sum of money and value of property involved in the action does not exceed $50 000.

In any proceeding, the Court or a judge may order that a party recover costs on the scale provided for in Part 2 of Schedule 1.

In the case of a trial or assessment of damages, an order under subrule (5) is to be made immediately after judgment is given or the damages assessed.

An application under subrule (6) may be adjourned for further hearing.

If any costs, charges or expenses are incurred that are not within Schedule 1, the taxing officer is to allow in respect of those costs, charges or expenses – the fees prescribed by that Schedule for similar items; or fees otherwise reasonable in the circumstances.

An additional fee amount may be allowed by the taxing officer, having regard to the circumstances of the case, including the following circumstances:the complexity of the matter; the difficulty or novelty of the questions involved in the matter; the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner; the number and importance of the documents prepared and perused, regardless of length; the amount or value of money or property involved; research and consideration of questions of law and fact; the general care and conduct of the legal practitioner, having regard to the instructions and all relevant circumstances; the time within which the work was required to be done; allowances otherwise made in accordance with this scale (including allowances for attendances); any other relevant matter.

This Division does not derogate from the discretion and powers of the Court or judge to make any order as to costs as may be just in the circumstances of the case.