Part 5and that Part, with the necessary changes, applies to the

Part 5 and that Part, with the necessary changes, applies to the taxation accordingly. (2) A reference in subrule (1) to the application of Part 5 to the taxation of costs under this Part includes a reference to a review of an order of the Taxing Master on the taxation under rule 63.55. 63.62 Appointment to tax (1) This rule applies where by an Act a bill in respect of costs to which this Part applies may be taxed by the Taxing Master on an appointment obtained as of course and without an order of the Court on application by the client or other person liable to pay the costs. (2) An application to the Taxing Master to tax a bill to which this rule applies shall be made by summons in accordance with rule 63.36. Supreme Court Rules 1987 249 63.63 Reference for taxation (1) This rule applies where the Court, by order, whether or not made by or under an Act, refers a bill of costs to the Taxing Master for taxation or directs that a bill of costs be taxed. (2) A taxation to which this rule applies shall be brought before the Taxing Master on application by summons in accordance with rule 63.36. (3) Unless the Court otherwise orders, the summons referred to in subrule (2) shall be filed within 14 days after the day the order is 63.63A Taxation under settlement agreement (1) This rule applies if, under an agreement: (a) costs are payable by one party to the other; and (b) the costs are to be taxed. (2) The party whose costs are to be paid may apply to the Court by originating motion in Form 5B for the costs to be taxed. 63.64 Failure to serve bill or tax (1) Where a solicitor who is entitled to be paid costs fails or refuses to serve on his client a bill for the costs, the Taxing Master may: (a) disallow the costs of the solicitor or allow a nominal or other amount for costs; or (b) order him to pay any costs of the client occasioned by the failure or refusal. (2) Where a person who is entitled to have a bill of costs taxed fails or refuses to do so and a person interested in the taxation is prejudiced by the failure or refusal, the Taxing Master may: (a) disallow any costs which might otherwise be payable to the person entitled to have the bill taxed or allow a nominal or other amount for costs; or (b) order him to pay any costs of the person interested occasioned by the failure or refusal. (3) For the purpose of this rule: (a) a solicitor shall be taken to have failed or refused to serve a bill of costs if, within 60 days after service on him of a request Supreme Court Rules 1987 250 in writing by the client that he serve a bill, the solicitor does not do so; or (b) a person shall be taken to have failed or refused to have a bill of costs taxed if, within 60 days after service on him of a request in writing by a person interested that the bill be taxed, he does not apply in accordance with rule 63.36 for the taxation of the bill. Part 7 Allowances or disallowances on taxation 63.65 Application This Part applies to all taxation of costs in the Court. 63.66 Increased allowance The Taxing Master may, in relation to a particular taxation of costs, increase or decrease the amount or value of an allowance or expense in the Appendix as the Master thinks fit. 63.67 Service of several documents Two or more documents in the same proceeding, which can be served together, shall be so served and a fee for the service of one only shall be allowed. 63.68 Inclusion in bill of disbursement not made Where a solicitor acts as agent for a lawyer practising in a place out of the Territory, the professional fees of that lawyer shall not constitute a disbursement of the solicitor for the purpose of rule 63.41 so as to require payment of those fees before the commencement of the taxation. 63.69 Defendants with same solicitor Where 2 or more defendants are represented by the same solicitor and the solicitor does work for one or some of them separately which could have been done for some or all of them together, on taxation of the solicitor's bill, whether between party and party or between solicitor and client, the Taxing Master may disallow costs for the unnecessary work. 63.70 Certain cost to be included in witnesses allowance In a taxation of costs the attendance of a witness includes an attendance at a conference with counsel before trial and, in the Supreme Court Rules 1987 251 case of an expert witness, includes qualifying to give evidence as an expert. 63.71 Negotiations Costs reasonably incurred in respect of negotiations for compromise shall be allowed, whether or not the negotiations were successful. 63.72 Counsel's fees (1) A retaining fee to counsel shall not be allowed on taxation on the standard basis. (2) Subject to rule 63.72A, the allowance of counsel's fees is in the discretion of the Taxing Master. (3) In assessing fees on brief and other fees for counsel the Taxing Master shall have regard to: (a) the complexity of the question of law or of fact involved; (b) the amount involved; (c) any interlocutory application or other work which has reduced the work otherwise necessary in relation to the brief; (d) the possibility that counsel might be called on to argue on behalf of a party not represented at the hearing; (e) the fees reasonably charged by counsel in matters of a similar kind; and (f) the standing of counsel. (4) Costs reasonably incurred in respect of: (a) the advice of counsel on the pleadings, evidence or other matter in a proceeding; or (b) counsel drawing or settling a pleading or other document in a proceeding which is reasonable to be drawn or settled by counsel, shall be allowed. (5) Where affidavits or interrogatories which are reasonable to be drawn or settled by counsel are or could have been drawn or settled at the same time, only one fee shall be allowed. (8) Costs in respect of the preparation and delivery of a brief to counsel Supreme Court Rules 1987 252 for a hearing or trial which did not take place shall not be allowed if the costs were incurred prematurely. (9) No fee shall be allowed: (a) for counsel attending on an interlocutory application, unless the Court otherwise certifies; and (b) for more than one counsel, unless the Court certifies that the retainer of more than one counsel was warranted. (10) A solicitor may charge and be allowed a fee for an attendance on counsel to obtain or give some information in respect of which counsel does not charge a fee. 63.72A Cancellation fees for counsel (a) a proceeding was listed for trial and allocated hearing dates; but (b) the trial did not take place because the proceeding was settled. (2) A cancellation fee for counsel of an amount equal to 60% of counsel's daily fee for each day allocated for the trial will be allowed for: (a) an ordinary proceeding that was settled 2 weeks or less before the trial was due to start; or (b) a large proceeding that was settled 4 weeks or less before the trial was due to start. (3) For any other proceeding, no cancellation fee for counsel will be allowed. (4) However, if the Taxing Master considers it appropriate for a particular proceeding, the Master may allow a cancellation fee or a different cancellation fee. (5) In this rule: large proceeding means a proceeding that, in the opinion of the Taxing Master, can be characterised as a large proceeding by reason of length, complexity or otherwise. ordinary proceeding means a proceeding that is not a large Supreme Court Rules 1987 253 63.73 Barrister and solicitor (1) This rule applies where a legal practitioner acts in both capacities as a barrister and solicitor, or appears as a barrister instructed by a partner, employee, fellow employee or employer. (2) An allowance in accordance with rule 63.40(5)(e) shall be allowed to a legal practitioner to whom subrule (1) of this rule refers and who appears as counsel. (3) The allowance for counsel's fees in a case to which subrule (2) refers shall, subject to subrule (4): (a) in the case of a legal practitioner who briefs himself as counsel – be three-quarters; and (b) in the case where a partner, employee, fellow employee or employer is briefed – be five-sixths, of what would otherwise be allowed to counsel. (4) An Associate Judge may allow a legal practitioner who appears as counsel and to whom subrule (3) applies a larger fee for so appearing and, in doing so, shall have regard to the matters referred to in rule 63.72(3) as far as they are applicable. (5) A legal practitioner to whom subrule (3) refers is entitled, for each refresher in a trial, to a fee equal to what would have been allowed to an independent counsel in the same circumstances. 63.73A Increase in costs allowed if offer of compromise not accepted (a) a party entitled to costs makes an offer to compromise under rule 63.34; and (b) the offer is not accepted; and (c) on the taxation of the costs, the party is allowed an amount greater than the amount the party offered. (2) The Taxing Master may increase the costs allowed, including costs taxed on an indemnity basis, by up to 20%. 63.74 Interest on costs Despite rule 59.02(3), at the conclusion of the taxing of a bill, the Taxing Master may, in the Master's discretion, fix a rate of interest payable in respect of the taxed costs and the date, not earlier than Supreme Court Rules 1987 254 the date of commencement of this Order, from which that interest shall run. 63.75 GST (1) In taxing a bill, the Taxing Master may allow a reasonable amount for GST paid or payable on other taxed costs in the bill. (2) For subrule (1), GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth). APPENDIX PART 1 1. Subject to this Part, solicitors are entitled to charge and be allowed the fees set out in Parts 2 and 3 of this Appendix. 2. For the purposes of Parts 2 and 3 of this Appendix, a unit is one-tenth of an hour. 3. The rate per unit, until varied in accordance with paragraph 4 of this Part is as follows: (a) for a solicitor who has held an Australian practising certificate (as defined in section 4 of the Legal Profession Act 2006) for: (i) at least 10 years – $35.64; or (ii) at least 5 years but less than 10 years – $32.08; or (iii) at least 2 years but less than 5 years – $27.54; or (iv) less than 2 years – $24.00; (b) for a law clerk – $18.00; (c) for a legal secretary – $14.40; (d) for a graduate clerk – $12.00; (e) for an administrative assistant – $7.20. 4. The rate per unit shall be that from time to time declared by the Chief Justice by practice directions after considering the recommendation of an Associate Judge who shall, not later than 1 January in each year, calculate and recommend any adjustment to the rate for that year on the following basis: (a) as to 37% of the rate – calculated by multiplying the existing rate by the Consumer Price Index for Darwin; and Supreme Court Rules 1987 255 (b) as to 50% of the rate – calculated by multiplying the existing rate by the Average Weekly Earnings (ordinary time) for Darwin, where the Consumer Price Index and Average Weekly Earnings are the latest available yearly percentage variations published by the Australian Bureau of Statistics with the resulting rates (rounded off to 2 decimal places for the purposes of recalculating the rate for the following year) rounded off to the nearest dollar. 5. Except for disbursements, all claims made or allowed in a bill shall be made and if allowed calculated to the nearest dollar. 6. Letters include making necessary copies and also perusing and considering incoming letters, and no separate charge shall be allowed for the perusal of incoming letters. 7. The cost of postage, outgoing telephone calls, facsimile messages and other similar outgoings must not be allowed by the Taxing Master except where incurred in unusual circumstances or where the cost is unusually heavy. 8. The preparation of a document includes all necessary copies. 9. The fees recoverable under Parts 3 and 4 of this Appendix, when the rate per unit is adjusted in accordance with paragraph 4, shall be increased by the same proportion as the difference between the adjusted rate per unit under this Part and the previous rate per unit bears to the previous rate per unit, rounded off to the nearest dollar. PART 2 – BASIC SCALE 1. Time spent by a solicitor on work requiring the application of legal skill, other than where otherwise provided. Minimum 1 unit 2. Time spent by a solicitor or clerk on work not requiring the application of legal skill, other than where otherwise provided. Minimum 1 unit 3. Travelling and waiting time to apply to charges under item 1 where waiting or travelling time is reasonably incurred. Minimum 1 unit PART 3 – NOTES 1. In this Part: clerk's time, in relation to work, means the time a clerk reasonably Supreme Court Rules 1987 256 spent, or would reasonably be expected to spend, in carrying out that work. circular letter means a letter other than an ordinary letter or a special letter that, in the opinion of the Taxing Master, is capable of being composed and prepared by a clerk, and includes clerk's time. composition includes signing and the perusal of relevant incoming letters. drawing and engrossing means drawing and engrossing a document of 1 or 2 pages in length and includes: (a) if item 2(a)(i) applies: (i) the time (up to 4 units) spent by a solicitor in drawing the (ii) clerk's time (up to 2 units) in engrossing it; and (b) if item 2(a)(ii) applies: (i) the time (up to 2 units) spent by a solicitor in drawing the (ii) clerk's time (up to 2 units) in engrossing it; and (c) if item 2(b)(i) applies: (i) the time (up to 1 unit) spent by a solicitor in drawing the (ii) clerk's time (up to 1 unit) in engrossing it; and (d) if item 2(b)(ii) applies – clerk's time (up to 2 units) in drawing and engrossing the document. item means an item in the Composite Scale in this Part. letter includes a facsimile, email and any other form of written communication. ordinary letter means a letter that does not exceed one page in the composition of which, in the opinion of the Taxing Master, little or no exercise of the skill of a solicitor is required and includes: (a) the time (up to 2 units) spent by a solicitor or clerk in the composition of the letter; and (b) clerk's time (up to 3 units) in preparing it. Supreme Court Rules 1987 257 page means a page of not less than international paper size A4, with wording reasonably spaced. preparation includes typing, making copies and dispatching. special letter means a letter that is between 1 and 2 pages in length and, in the opinion of the Taxing Master, the composition of which requires the exercise of the skill of a solicitor, and includes: (a) the time (up to 3 units) spent by the solicitor in composition of the letter; and (c) clerk's time (up to 3 units) in preparing it. 2. For work actually done by a solicitor that is of a kind covered in the aggregate by a composite fee mentioned in the composite scale, the solicitor may charge and be allowed for the work: (a) a fee equal to the composite fee; or (b) a fee calculated in accordance with Part 2 of this Appendix. 3. However, if the Taxing Master considers it equitable to do so, the Master may decide to allow for the work: (a) only a fee calculated in accordance with Part 2 of this Appendix; or (b) only a fee equal to the appropriate composite fee. 5. A composite fee to which items 7 to 15 relates means a lump sum fee in respect of all allowances for time spent in carrying out work that, in the Taxing Master's opinion, is or should be included in that composite fee. 6. Without limiting the meaning of paragraph 5: (1) items 7 and 8 include all time taken in carrying out work in respect of all aspects of a proceeding from and including the dispatch or receipt of a letter of demand and the filing of originating process to and including the setting down of a proceeding for trial in accordance with rule 48.02 and time taken in carrying out work with respect to a request for particulars of a pleading, but does not include work in respect of an application to the Court in the proceeding; (2) item 9 includes all time taken in carrying out work in and incidental to an application to the Court in a proceeding and in particular an application under Order 46. Supreme Court Rules 1987 258 (3) items 10 and 11 include all time taken in carrying out work in respect of the giving or obtaining of discovery and the inspection of documents in accordance with Order 29, but do not include work done in or incidental to an application to the Court in which discovery or inspection is sought; and (4) items 12 and 13 include all time taken in carrying out work in respect of the seeking of answers to interrogatories and the providing of answers to interrogatories under Order 30, but does not include work done in or incidental to an application to the Court in respect of interrogatories. 7. A composite fee to which this Part refers does not include a reasonable disbursement which a solicitor is obliged to pay in the course of carrying out a part of the work included, or which ought to be included, in that fee and such a disbursement, including counsel's fees, where reasonable and reasonably incurred, may be claimed in the bill and shall be allowed by the Taxing Master. 8. Items 5 and 6, where appropriate, shall be allowed as a part of a unit but, if so allowed, the charge shall be rounded off to the nearest dollar. Composite Scale 1 Letters: (a) special 138 (b) ordinary 99 (c) circular 15 2 Drawing and engrossing: (a) court document (i) requiring skill 154 (ii) using form or standard document or in case of a standard form of judgment, order or the like 84 (b) other (i) requiring skill 43 (ii) not requiring skill 28 3 Engrossing a document drawn by someone other Supreme Court Rules 1987 259 than solicitor making the charge – per unit 15