Australian Capital Territory
Court Procedures Amendment Rules 2013 (No 1)
Subordinate Law SL2013-18

We, the rule-making committee, make the following rules of court under the Court Procedures Act 2004, section 7.
Dated 27 June 2013.

T J Higgins	L WALKER	
Chief Justice	Chief Magistrate	
R REFSHAUGE		
Judge		

Australian Capital Territory
Court Procedures Amendment Rules 2013 (No 1)
Subordinate Law SL2013-18
made under the
Court Procedures Act 2004

    
    
Contents
	Page
	1	Name of rules	1
	2	Commencement	1
	3	Legislation amended	1
	4	Rule 55	1
	5	Rule 1306 (3), note	1
	6	Rule 1306 (6), note 1	2
	7	Rule 1323 (1), note	2
	8	Rule 4800	2
	9	Rule 4802 (1) (b) (ii)	3
	10	Division 4.4.2 heading	3
	11	Rule 4803	3
	12	Rule 4804, note	3
	13	Division 4.4.3 heading	4
	14	Rule 4806	4
	15	Rule 4807	4
	16	Rule 4807, new note 3	5
	17	Rule 4808 (1) (a) (ii)	5
	18	Rule 4808 (2)	5
	19	Rule 4810 (2)	5
	20	Rule 5140 (3)	6
	21	Rule 5438 (2)	6
	22	Rule 5438 (3)	6
	23	Rule 5438 (4)	7
	24	Rule 6610 (2)	7
	25	New rule 6610 (2A) and (2B)	7
	26	Rule 6763 (4)	8
	27	Rule 6763 (4) (a)	8
	28	Rule 6763 (4) (b)	8
	29	Rule 6765 (1)	8
	30	Rule 6766 (1) (a)	9
	31	Rule 6766 (4)	9
	32	Schedule 3	9
	33	Schedule 4, rule 4.12	12
	34	Schedule 4, part 4.2	13
	35	Dictionary, new definitions	27

1	Name of rules
These rules are the Court Procedures Amendment Rules 2013 (No 1).
2	Commencement
These rules commence on 1 July 2013.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
These rules amend the Court Procedures Rules 2006.
4	Rule 55
omit
50 000
substitute
250 000
5	Rule 1306 (3), note
substitute
Note	If a party fails to complete and sign a certificate of readiness, a party who is ready for trial may—
	(a)	for a proceeding in the Supreme Court—apply to have the proceeding assigned to the docket of a judge or master (see r 1307A (Application for directions hearing—Supreme Court)); or
	(b)	for a proceeding in the Magistrates Court—apply for a directions hearing (see r 1324 (Directions hearing—category A, category B and category D proceedings)).
6	Rule 1306 (6), note 1
substitute
Note 1	The Magistrates Court may direct that a proceeding be given a listing hearing even though the certificate of readiness has not been filed (see r 1323 (4) (b) and r 1324 (6) (b) (ii)).
7	Rule 1323 (1), note
omit
r 1308
substitute
r 1324
8	Rule 4800
substitute
4800	Definitions—pt 4.4
In this part:
forensic proceeding means a proceeding in relation to an application to carry out a forensic procedure under the Act or the Crimes Act.
prescribed offender—see the Crimes Act, section 23WA.
serious offender—
	(a)	for an application under the Act—see the Act, section 9; and
	(b)	for an application under the Crimes Act—see the Crimes Act, section 23WA.
the Act means the Crimes (Forensic Procedures) Act 2000.
the Crimes Act means the Crimes Act 1914 (Cwlth).
9	Rule 4802 (1) (b) (ii)
substitute
	(ii)	for division 4.4.3—a serious offender or a prescribed offender.
10	Division 4.4.2 heading
substitute
Division 4.4.2	Forensic proceedings under the Act, pt 2.5 and the Crimes Act, pt 1D, div 5
11	Rule 4803
substitute
4803	Application—div 4.4.2
This division applies to a forensic proceeding under—
	(a)	the Act, part 2.5 (Forensic procedures on suspect by order of magistrate); or
	(b)	the Crimes Act, part 1D, division 5 (Forensic procedures on suspect by order of a magistrate).
12	Rule 4804, note
substitute
Note	Under the Act, pt 2.5, and the Crimes Act, pt 1D, div 5, an authorised applicant may apply to a magistrate for—
	(a)	an order authorising the carrying out of a forensic procedure on a suspect (see the Act, s 35 and the Crimes Act, s 23WU); or
	(b)	an interim order authorising the immediate carrying out of a forensic procedure on a suspect (see the Act, s 42 and the Crimes Act, s 23XB).
13	Division 4.4.3 heading
substitute
Division 4.4.3	Forensic proceedings under the Act, pt 2.7 and the Crimes Act, pt 1D, div 6A
14	Rule 4806
substitute
4806	Application—div 4.4.3
This division applies to a forensic proceeding under—
	(a)	the Act, part 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders); or
	(b)	the Crimes Act, part 1D, division 6A (Carrying out of certain forensic procedures after conviction of serious and prescribed offenders).
15	Rule 4807
after 
serious offender
insert
or prescribed offender
16	Rule 4807, new note 3
insert
Note 3	Under the Crimes Act, pt 1D, div 6A, an authorised applicant may apply to any court for an order for the carrying out of an intimate or non‑intimate forensic procedure in certain circumstances (see the Crimes Act s 23XWO (1) and (2)). This application may be made to the court that is sentencing a serious offender or prescribed offender or to any other court at a later time (see the Crimes Act, s 23XWO (5)).
17	Rule 4808 (1) (a) (ii)
after
serious offender
insert
or prescribed offender
18	Rule 4808 (2)
omit
suspect or serious offender
substitute
suspect, serious offender or prescribed offender
19	Rule 4810 (2)
omit
suspect’s or serious offender’s
substitute
suspect’s, serious offender’s or prescribed offender’s
20	Rule 5140 (3)
substitute
	(3)	If the appeal or cross-appeal is dismissed under subrule (1) (c), and the Supreme Court considers there are special circumstances to set aside the dismissal, the Court may, on application by the appellant or cross-appellant—
	(a)	set aside the dismissal; and
	(b)	give directions for the further conduct of the appeal.
	(4)	If the hearing proceeds under subrule (1) (d) in the absence of the party and an order is made, the Supreme Court may, on application by the party—
	(a)	amend or set aside the order; and
	(b)	give directions for the further conduct of the appeal.
21	Rule 5438 (2)
omit
5 days
substitute
14 days
22	Rule 5438 (3)
omit
2 days
substitute
7 days
23	Rule 5438 (4)
omit
1 day
substitute
3 days
24	Rule 6610 (2)
after
under subrule (1)
insert
within 28 days after the end of the proceeding
25	New rule 6610 (2A) and (2B)
insert
	(2A)	If the registrar decides to return a document or thing under subrule (1), the registrar must give the addressee notice stating that—
	(a)	the document or thing may be collected from the registry; and
	(b)	the addressee may tell the registrar in writing that the addressee does not want the document or thing returned; and
	(c)	if the document or thing is not collected from the registry within 28 days after the notice is given to the addressee, the registrar may dispose of the document or thing.
	(2B)	If a document or thing is not collected by the addressee under subrule (2A), the registrar may dispose of the document or thing in the way the registrar considers appropriate.
26	Rule 6763 (4)
omit
(other than a subpoenaed document or thing)
27	Rule 6763 (4) (a)
after
party
insert
or anyone else who appears to the registrar to be the owner or person entitled to possession of the exhibit
28	Rule 6763 (4) (b)
substitute
	(b)	if it is not practicable for the registrar to give the exhibit to the person mentioned in paragraph (a)—give notice to the party, the party’s solicitor or anyone else who appears to the registrar to be the owner or person entitled to possession of the exhibit, stating that the person must, within 28 days after the notice is given—
	(i)	collect the exhibit from the registry; or
	(ii)	tell the registrar in writing that the person does not want the exhibit returned.
29	Rule 6765 (1)
omit
or rule 6764 (Return of subpoenaed document or thing)
30	Rule 6766 (1) (a)
omit
other than a subpoenaed document or thing or rule 6764 (2) (b) in relation to an exhibit that is a subpoenaed document or thing
31	Rule 6766 (4)
omit
, rule 6764 (Return of subpoenaed document or thing)
32	Schedule 3
substitute
Schedule 3	Costs amount—debts, liquidated demands, company windings-up, enforcement orders and certificates of registration
Part 3.1	Claim for debt or liquidated demand
(see r 51, r 304, r 1102 and r 1104)
Table 3.1	Prescribed costs amount—claim for debt or liquidated demand
column 1
item	column 2
court and amount claimed	column 3
prescribed amount ($)	
1	Magistrates Court—< $10 000	   391.00	
2	Magistrates Court—≥ $10 000 but < $25 000	   793.00	
3	Magistrates Court—≥ $25 000 but < $40 000	   948.00	
4	Magistrates Court—≥ $40 000 but < $50 000	1 066.00	
5	Magistrates Court—≥ $50 000 but < $250 000	1 184.00	
6	Supreme Court—any amount	1 184.00	

Part 3.2	Default judgment
(see r 1121)
Table 3.2	Prescribed costs amount—default judgment
column 1
item	column 2
court and amount claimed	column 3
prescribed amount ($)	
1	Magistrates Court—< $10 000	   592.00	
2	Magistrates Court—≥ $10 000 but < $25 000	1 184.00	
3	Magistrates Court—≥ $25 000 but < $40 000	1 422.00	
4	Magistrates Court—≥ $40 000 but < $50 000	1 600.00	
5	Magistrates Court—≥ $50 000 but < $250 000	1 777.00	
6	Supreme Court—any amount	1 777.00	

Part 3.3	Company winding-up
(see r 1740)
Table 3.3	Prescribed costs amount—company winding-up
column 1
item	column 2
claimed amount ($)	
1	4 028.00	
Part 3.4	Enforcement orders
(see r 1741)
Table 3.4	Prescribed costs amount—enforcement orders
column 1
item	column 2
court and amount claimed	column 3
amount claimed—with agent ($)	column 4
amount claimed—no agent ($)	
1	Magistrates Court—< $10 000	   773.00	   562.00	
2	Magistrates Court—≥ $10 000 but < $25 000	1 570.00	1 142.00	
3	Magistrates Court—≥ $25 000 but < $40 000	1 874.00	1 363.00	
4	Magistrates Court—≥ $40 000 but < $50 000	2 109.00	1 534.00	
5	Magistrates Court—≥ $50 000 but < $250 000	2 343.00	1 704.00	
6	Supreme Court—any amount	2 343.00	1 704.00	

Part 3.5	Certificate of registration
(see r 2010B)
Table 3.5	Prescribed costs amount—certificate of registration
column 1
item	column 2
court and amount claimed	column 3
claimed amount ($)	
1	Magistrates Court—< $10 000	     81.00	
2	Magistrates Court—≥ $10 000 but < $25 000	   164.00	
3	Magistrates Court—≥ $25 000 but < $40 000	   196.00	
4	Magistrates Court—≥ $40 000 but < $50 000	   220.00	
5	Magistrates Court—≥ $50 000 but < $250 000	   245.00	
6	Supreme Court—any amount	   245.00	

33	Schedule 4, rule 4.12
substitute
4.12	Costs—1 July 2011 to 30 June 2013—transitional
	(1)	In this rule:
commencement day means the day the Court Procedures Amendment Rules 2011 (No 2), rule 45 commenced.
schedule means schedule 4, part 4.2 set out in the Court Procedures Amendment Rules 2011 (No 2), rule 45.
	(2)	A solicitor is entitled to charge and be allowed the costs set out in the schedule for work done or services performed on or after 1 July 2011.
	(3)	However, if work done or services performed by a solicitor after 1 July 2011 was assessed before commencement day, rule 4.12 as in effect immediately before commencement day continues to apply to the work and services.
	(4)	Rule 4.12 as in effect immediately before commencement day continues to apply to work done or services performed by a solicitor before 1 July 2011.
4.13	Costs—transitional
	(1)	In this rule:
commencement day means the day the Court Procedures Amendment Rules 2013 (No 1), rule 33 commences.
	(2)	A solicitor is entitled to charge and be allowed the costs set out in this schedule for work done or services performed on or after 1 July 2013.
	(3)	However, if work done or services performed by a solicitor after 1 July 2013 was assessed before commencement day, rule 4.12 applies to the work and services.
34	Schedule 4, part 4.2
substitute
Part 4.2	Scale of costs—items

column 1
item	column 2
matter in relation to which charge is made	column 3
charge ($)		
Division 4.2.1	Instructions
	
1	to sue or defend, to appeal or oppose an appeal	168.50		
2	for statement of claim, petition, special case or counterclaim	168.50		
3	for defence	144.20		
4	for—
(a)	a reply; or
(b)	amending a pleading; or
(c)	a notice claiming contribution or indemnity; or
(d)	a document to be brought into the registrar’s office (for example, an account or deed); or
(e)	adding parties by order; or
(f)	a bond or other deed; or
(g)	retaining counsel, including preparing retainer	60.20		
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)	disclosure or a list of documents; or
(e)	an application for an order that a matter be heard before the Full Court; or
(f)	a brief on application in chambers	120.30		
6	for—
(a)	an application whether in court, before the registrar or in chambers; or
(b)	opposition to an application; or
(c)	the assessment of a bill of costs	120.30		
7	for brief to advise on evidence	108.40		
8	for—
(a)	a statement of facts in an action; or
(b)	a request for particulars; or
(c)	particulars	120.30		
9	for brief in preparation for trial	the amount the registrar considers appropriate	
Division 4.2.2	Drawing
	
10	for an originating process or counterclaim	125.70	or, if longer than 700 words, 17.80 per 100 words	
11	for any other pleading, a notice claiming contribution or indemnity, or an amendment of a pleading	84.30	or, if longer than 400 words, 17.80 per 100 words	
12	for—
(a)	a notice of an application in a proceeding; 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)	77.10	or, if the document is longer than 400 words, 17.80 per 100 words	
13	a formal affidavit, including an affidavit of service	42.30		
14	any other document	33.40	or, if longer than 100 words, 19.80 per 100 words	
Division 4.2.3	Engrossing
	
15	of a document	5.30	per 100 words	
Division 4.2.4	Copies
	
16	of any document, or of multiple documents copied at the same time—			
	(a)	for each of the first 10 copies; or	3.30	per page	
	(b)	for each additional copy up to 100 copies; or	1.50	per page	
	(c)	for each additional copy over 100 copies	0.60	per page	
Division 4.2.5	Perusal
	
17	of—
(a)	an originating process; or
(b)	a pleading; or
(c)	an application in a proceeding; or
(d)	interrogatories; or
(e)	a special case; or
(f)	a notice to admit	59.40	or, if the document is longer than 800 words, 6.70 per 100 words	
18	of any other document, if it is necessary to peruse	6.70	per 100 words	
19	of a document by scanning it, if it is not necessary to peruse	6.60	or, if the document has more than 10 pages, the additional amount the registrar considers appropriate	
Division 4.2.6	Attendances
	
20	for personal service, if necessary, of 1 or more documents at the same time 	90.00		
21	for service of 1 or more documents at the same time—
(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	36.40		
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 assessment 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 produce a document; or
(g)	to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or
(h)	to prepare appeal papers	240.50	per hour	
23	by a solicitor, necessarily or properly engaged, other than a solicitor mentioned in item 22—
(a)	to instruct counsel; or
(b)	on assessment 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 produce a document; or
(g)	to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or
(h)	to prepare appeal papers	168.50	per hour	
24	by a clerk, necessarily or properly engaged—
(a)	to instruct counsel; or
(b)	on assessment 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 produce a document; or
(g)	to inspect a document, if the registrar is satisfied there were appropriate and sufficient reasons for the inspection; or
(h)	to prepare appeal papers	84.20	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	360.60	per hour 	
	(b)	by any other solicitor	252.60	per hour 	
26	by a solicitor involving a high degree of skill and responsibility	360.60	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 settling the terms of and entering orders; or
(e)	for another reason	96.20	or 240.50 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	29.90		
29	formal telephone attendance	29.90		
30	telephone attendance leaving message only	15.00		
31	any other attendance by a solicitor (including travelling and waiting time and including a telephone attendance)	48.20	or 60.20 per quarter hour	
32	any other attendance by a clerk (including travelling and waiting time and including a telephone attendance)	29.90	or 21.00 per quarter hour	
33	if the registrar 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 not more than 1 403.90	
	(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 not more than 360.60	
Division 4.2.7	Letters
	
34	ordinary letter	41.80	or 20.40 per 100 words	
35	special letter	69.40	or 20.40 per 100 words	
36	formal letter—short letter, without legal content	20.30		
37	circular letters after the first	9.20		
38	fax copy or telex, including attendance to send	47.40		
39	receiving and filing any incoming letter, other than a letter received by email (postage and transmission fees properly incurred may be claimed as a disbursement)	12.60		
40	receiving, printing and filing incoming letter received by email	13.60		
41	printing any attachment to an email, or multiple attachments to an email printed at the same time—			
	(a)	for each of the first 10 pages; or	3.30	per page	
	(b)	for each additional page up to 100 copies; or	1.50	per page	
	(c)	for each additional page over 100 copies	0.60	per page	
Division 4.2.8	Witness expenses
	
42	a witness called because of the witness’s professional, scientific or other special skill or knowledge	1 179.50	per day	
43	a witness called other than because of the witness’s professional, scientific or other special skill or knowledge	124.50	per day	
44	a witness paid in the witness’s occupation by wages, salary or fees	the amount lost by attendance at court	
45	a witness qualifying to give skilled evidence	the additional amount the registrar considers reasonable and properly incurred and paid	
46	if the witness lives more than 50km from the court	the additional amount the registrar considers reasonable for the actual cost of travel, and for accommodation and meals	
47	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 registrar considers appropriate (but not affecting the existing practice of allowing qualifying fees for witnesses)	
Division 4.2.9	Disbursements
	
48	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	

35	Dictionary, new definitions
insert
prescribed offender, for part 4.4 (Forensic proceedings)—see rule 4800.
serious offender, for part 4.4 (Forensic proceedings)—see rule 4800.
the Crimes Act, for part 4.4 (Forensic proceedings)—see rule 4800.

Endnotes
1	Notification
	Notified under the Legislation Act on 28 June 2013.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013