Higher Court Scale of Fees

Higher Court Scale of Fees

Higher Court Scale of Fees

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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 2024.

Higher Courts costs scale
ItemDescriptionAmount
Documents
1Drawing any document of importance, other than documents mentioned under item 2, 10 or 11 (including original and the lawyer’s file copy).$64.63—for each ¼ page.
2Drawing proofs, indices, formal lists, extracts from other documents, lists of authorities, or other formal documents (including original and the lawyer’s file copy).$21.23—for each ¼ page.
3Engrossing documents, when copying or scanning is not appropriate (including original and the lawyer’s file copy).$6.14—for each ¼ page.
4Perusing documents (including electronic documents).a range between $3.08 and $12.02—for each ¼ page.
5Examining documents (including electronic documents), when a perusal is not justified.$0.77—for each ¼ page.
6Documents produced by copying or scanning, or receiving emails, faxes or any other electronic transmissions.$0.45—for each sheet.
Attendances and Communications
7Attendances 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—$44.69;
(b) for each 6 minute unit by a lawyer not involving skill—$26.81
(c) for each 6 minute unit by a nonlawyer employed or engaged by a lawyer—$21.23; or
(d) for arranging appointments, including all work involved—$30.17 per person.
8Attending hearings, including preparation, and when not attending as instructing lawyer for counsel.Either:
(a) for an ordinary hearing—$223.47; or
(b) if protracted (beyond 5 units), for each 6 minute unit of hearing time— $44.69.
9Filing or delivery of documents other than personal service, when no other attendance is properly allowable.$30.17.
Correspondence
10Correspondence, 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.$30.17—for each ¼ page.
11Circular correspondence, including original to send and the lawyer’s file copy, and the ordinary postal or transmission, expenses—after the first.$15.09—for each letter, including copying for subsequent pages (regardless of the number of pages).
Miscellaneous
12Paying disbursements by whatever means and including all work and associated expenses.$30.17.
13Preparation of Pleadings Books, Tender Books, Application Books, Appeal Books and Briefs, including indices, pagination and binding.$2.24 —for each page.
14Lump sum on a default judgment.$3051.58.

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.