Higher Court Scale of Fees

Higher Court Scale of Fees

The Higher Court Scale of Fees is a schedule of the legal costs that can be recovered by the successful party in a legal action. Usually, there will be a gap between the Scale amounts and what has been charged by a lawyer.

The Scale is set out below and should be read together with our written agreement regarding costs, which will be provided to you following your first consultation with us.

Note that the costs allowed in the Scale do not include GST (see note 2 for further information).

Current from 1 January 2025.

Higher Courts costs scale
Item Description Amount
Documents
1 Drawing any document of importance, other than documents mentioned under item 2, 10 or 11 (including original and the lawyer’s file copy). $67.27—for each ¼ page.
2 Drawing proofs, indices, formal lists, extracts from other documents, lists of authorities, or other formal documents (including original and the lawyer’s file copy). $22.10—for each ¼ page.
3 Engrossing documents, when copying or scanning is not appropriate (including original and the lawyer’s file copy). $6.39—for each ¼ page.
4 Perusing documents (including electronic documents). a range between $3.21 and $12.51—for each ¼ page.
5 Examining documents (including electronic documents), when a perusal is not justified. $0.80—for each ¼ page.
6 Documents produced by copying or scanning, or receiving emails, faxes or any other electronic transmissions. $0.47—for each sheet.
Attendances and Communications
7 Attendances and oral communications, whether personal or by electronic communication, including attendances to swear or take affidavits. Either:
(a) for each 6 minute unit by a lawyer involving skill—$46.51;
(b) for each 6 minute unit by a lawyer not involving skill—$27.90
(c) for each 6 minute unit by a nonlawyer employed or engaged by a lawyer—$22.10; or
(d) for arranging appointments, including all work involved—$31.40 per person.
8 Attending hearings, including preparation, and when not attending as instructing lawyer for counsel. Either:
(a) for an ordinary hearing—$232.59; or
(b) if protracted (beyond 5 units), for each 6 minute unit of hearing time— $46.51.
9 Filing or delivery of documents other than personal service, when no other attendance is properly allowable. $31.40.
Correspondence
10 Correspondence, including original to send and the lawyer’s file copy, and the ordinary postal or transmission expenses—whether sent by letter, email, SMS or fax. $31.40—for each ¼ page.
11 Circular correspondence, including original to send and the lawyer’s file copy, and the ordinary postal or transmission, expenses—after the first. $15.71—for each letter, including copying for subsequent pages (regardless of the number of pages).
Miscellaneous
12 Paying disbursements by whatever means and including all work and associated expenses. $31.40.
13 Preparation of Pleadings Books, Tender Books, Application Books, Appeal Books and Briefs, including indices, pagination and binding. $2.33 —for each page.
14 Lump sum on a default judgment. $3176.09

Notes

 

General
(1) The amount allowed for each of the items in the tables in subrules 3(1) and 3(2) are to be at
the discretion of the taxing officer, who is at liberty, in the particular circumstances of the
matter, to disallow an item entirely or allow a greater or lesser amount for an item.
Example—
The taxing officer may allow a greater amount where the matter is of importance or
difficulty.
(2) The costs allowed in the scale do not include Goods and Services Tax (GST), which is to
be added except in the following circumstances—
(a) GST must not be included in a claim for costs if the receiving party is able to recover
GST as an input tax credit;
(b) if the receiving party is able to obtain an input tax credit for only a proportion of the
GST, only the portion which is not eligible for credit can be claimed;
(c) if there is a dispute as to whether GST is properly claimed, the receiving party must
provide a certificate signed by the lawyers or auditors of the receiving party as to the
extent of any input tax credit available to the receiving party.

Attendances
(3) A 6 minute unit comprises 6 minutes or part thereof, but no part will be allowed as a full
unit if it is unreasonable to do so.
(4) When a lawyer is instructing counsel, the lower attendance rate should be allowed if the
lawyer is merely assisting by being present, but the higher rate should be allowed if the
lawyer is more actively involved, for example, by proofing witnesses, preparing indices,
etc.

Documents and perusals
(5) Unless the taxing officer considers that there is good reason to depart from it, pages for
items in the tables in subrules 3(1) and 3(2) must be measured by compliance with the
prescribed formats under rule 31.2 of the Rules and on the basis that a full page contains 44
lines and a quarter page contains 11 lines, where—
(a) a part of a quarter page is to be treated as a full quarter page; and
(b) each page of a claim for costs may be allowed as a standard page.
(6) If a document is prepared in a size other than A4, the amounts to be allowed may be
increased or decreased in the discretion of the taxing officer
(7)  In relation to perusals—
(a) a rate towards the maximum rate for perusal is appropriate for documents such as
pleadings, particulars, advices and opinions and for more complicated medical and
expert reports;
(b) a middle range figure is appropriate for standard expert reports, lists of documents and
medical reports;
(c) a rate towards the lower rate is appropriate for notices of acting, notices of change of
address for service, ordinary correspondence, special damages vouchers and the like;
and
(d) in cases in which a large volume of documents must be perused, an hourly rate may be
allowed by the taxing officer instead of a perusal fee.

Copying, scanning and emailing
(8) When a substantial number of pages are, or should be, photocopied or scanned at the same
time, regard may be had to commercial photocopying rates in respect of multiple copies of
the same document, for each page after the first.
(a) For the purposes of items 6 and 13 in the tables in rule 3(1), rule 3(2) and rule 3(3) and
subrule (8) of this rule, a page means an entire single side of one page, regardless of
how much of that side is occupied and its size (be it A4 or otherwise). Accordingly, if
any document is copied, printed, scanned or collated on both sides, that will count as
two pages.
(9) When multiple emails or SMSs are claimed, those dealing with the same issues over a
period of 48 hours extending over not more than 3 consecutive business days will be treated
as one.

Disbursements
(10) Allowable disbursements must whenever possible be included in the same item as the
corresponding claim for lawyer’s costs, but within the disbursements column.
(11) Only the amount of a disbursement actually paid or payable must be shown in the claim for
costs as a disbursement; and, if a disbursement is yet to be paid, this must be specially
stated.
(12) Such allowance for kilometrage by motor vehicle or other conveyance will be made as the
taxing officer considers reasonable.

Schedule of Costs
(13) A claim for costs must show—
(a) the time spent on attendance (when applicable);
(b) the number of A4 pages (or the equivalent) contained in any document for which a
charge is made;
(c) the name of a lawyer and the status of a clerk in respect of whom an attendance is
charged;
(d) a separate identifying number for each item and the date of the item;
(e) the items of work and disbursements in chronological order with a total of
disbursements and counsel fees after the total of the solicitor’s charges; and
(f) succinctly the nature of the work done and, where possible, use recognised
abbreviations;
Examples—
att of sol X on cl, tel call by sol Y on cnsl, ltr to witnss, att of sol Z at dir hrng
where ‘sol’ denotes solicitor, ‘cl’ denotes client, ‘cnsl’ denotes counsel, ‘ltr’ denotes letter
and ‘att’ denotes attendance.
(14) Copies of accounts for counsel fees and other external disbursements must be attached to
the claim for costs.
(15) When the Court is required to tax costs both as between party and party and lawyer and
client, the appropriate form must be modified by the applicant so as to provide for the
inclusion of both party and party and lawyer and client costs and the respondents’
respective responses.
(16) For the purposes of items 6 and 13 in the tables in rule 3(1), rule 3(2) and rule 3(3) and
subrule (8) of this rule, a page means an entire single side of one page, regardless of how
much of that side is occupied and its size (be it A4 or otherwise). Accordingly, if any
document is copied, printed, scanned or collated on both sides, that will count as two pages.