Uniform Civil Procedure and Other Rules Amendment Rule 2023

1Short title

This rule may be cited as the Uniform Civil Procedure and Other Rules Amendment Rule 2023.

2Commencement

This rule commences on 1 July 2023.

3Rules amended

This part amends the Domestic and Family Violence Protection Rules 2014.

4Amendment of sch 1 (Costs in a proceeding)

Schedule 1, part 2, items 4 to 18—
omit, insert—

	Drafting documents
4	Drafting a document—for each 100 words	20.55
	Producing documents
5	Producing a document in final form—for each 100 words	4.95
	Preparing exhibit certificates
6	Preparing an exhibit certificate—for each exhibit, including a paginated book	3.85
	Copying documents
7	Copying a document—for each page	0.23
	Perusing documents
8	Perusing a document—for each 100 words	4.95
	Examining or comparing documents
9	Examining a document or comparing documents, if perusal is unnecessary—
	(a)  by a solicitor—for each quarter-hour	72.80
	(b)  by an employee—for each quarter-hour	21.45
	Serving documents
10	Serving on a person 1 or more documents at the same time—
	(a)  personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served	42.50
	However, if the clerk of the DFVP court or a costs assessor considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount to be allowed is the amount the clerk or the costs assessor considers reasonable.
	(b)  ordinary service, other than ordinary service of a type mentioned in paragraph (c), (d) or (e)	26.70
	(c)  service by post	19.40
	(d)  service by facsimile—
	(i)  for the first page	8.80
	(ii)  for each extra page	1.05
	(e)  service by email	8.80
	Attendances
11	Attendance, if capable of being done by an employee—
	(a)  to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order	26.70
	(b)  to search	26.70
	(c)  to do something of a similar nature	26.70
12	Attendance by telephone that does not involve the exercise of skill or legal knowledge	17.85
13	Attendance in a DFVP court by a solicitor who appears without a barrister—for each quarter-hour	80.80
14	Attendance for a hearing held at a place other than the town where the solicitor lives or carries on business—
	(a)  by the solicitor—
	(i)  for the time spent in attendance at the hearing or trial—for each quarter-hour	73.90
	(ii)  for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing, other than in attendance at the hearing—
	(A)  for an absence of 4 hours or less	555.10
	(B)  for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours	35.85
	(iii)  the expenses the clerk of the DFVP court or a costs assessor considers reasonable for each day of absence, including Saturdays and Sundays
	(iv)  the actual expenses of transport to and from the hearing or trial the clerk of the DFVP court or a costs assessor considers reasonable
	(b)  by the solicitor’s employee—the amount the clerk of the DFVP court or a costs assessor considers reasonable
	However, if the solicitor’s absence is to attend more than 1 hearing at the same place, the costs are to be divided proportionately.
15	Attendance at a call-over or mention, to be apportioned if the attendance is for more than 1 proceeding	48.70
16	Other attendances—
	(a)  by a solicitor, involving skill or legal knowledge—for each quarter-hour	73.90
	(b)  by an employee—for each quarter-hour	21.45
	However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court.
	Correspondence
17	(1)  Correspondence sent—
	(a)  written message or letter (20 words or less)	14.85
	This includes a letter forwarding documents without explanation.
	(b)  short letter (21 to 100 words)	29.70
	(c)  any other letter—for each 100 words	25.80
	This covers any form of written communication including ordinary post, facsimile, email, text or other form of electronic transmission.
	This includes the charges of the communication provider, other than charges for sending the correspondence by registered post, international post or courier or serving the correspondence personally.
	For a circular letter, the first is to be allowed under this item. For each circular letter after the first, the charge under item 7 applies.
	(2)  Correspondence received—
	(a)  receiving any correspondence, including by electronic means, and filing, including reading a message (20 words or less) and, for an electronic communication, printing 1 page for filing	14.85
	For printing additional pages received electronically for filing, the charge under item 7 applies.
	(b)  perusing correspondence—
	(i)  for the first 100 words	19.85
	(ii)  for each 100 words or part after the first 100 words	9.90
	(c)  if perusing the document is not reasonably necessary, to examine the document—for each page	5.00
	(3)  Agency correspondence—
	(a)  for sending correspondence to the agent by the principal, or to the principal by the agent—costs under item 17(1)
	(b)  for receiving correspondence from the agent by the principal, or from the principal by the agent—costs under item 17(2)
	If engagement of the agent was normal and reasonable in the circumstances, costs may be charged under this item by the principal and the agent.
	Correspondence between offices of the same firm of solicitors may be charged if it is analogous to agency correspondence and the engagement of an agent was not reasonable in the circumstances.
	Note—The word count for agency correspondence is based on the body of the correspondence, as defined in schedule 2.
	Electronic conduct of proceedings
18	(1)  Examining an electronic document or comparing electronic documents, including emails, if perusal is unnecessary—for each 100 words	1.00
	(2)  Preparing a document for disclosure, or to be exchanged electronically, by—
	(a)  barcoding the document—for each page	0.58
	(b)  electronically scanning or imaging the document—for each page	0.58
	(c)  entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document	4.95
	(3)  To the extent a proceeding is conducted electronically, the costs to be allowed, including the costs of any electronic service provider, are the costs the clerk of the DFVP court or a costs assessor considers have been reasonably incurred and paid.

5Rules amended

This part amends the Uniform Civil Procedure Rules 1999.

6Amendment of sch 1 (Scale of costs—Supreme Court and District Court)

Schedule 1, items 4 to 21—
omit, insert—

	Drafting documents
4	Drafting a document—for each 100 words	25.65
	Producing documents
5	Producing a document in final form—for each 100 words	6.20
	Preparing exhibit certificates
6	Preparing an exhibit certificate—for each exhibit, including a paginated book	4.85
	Copying documents
7	Copying a document—for each page	0.28
	Perusing documents
8	Perusing a document—for each 100 words	6.20
	Examining or comparing documents
9	Examining a document or comparing documents, if perusal is unnecessary—
	(a)  by a solicitor—for each quarter-hour	91.05
	(b)  by an employee—for each quarter-hour	26.90
	Serving documents
10	Serving on a person 1 or more documents at the same time—
	(a)  personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served	53.20
	However, if the registrar or a costs assessor considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount to be allowed is the amount the registrar or the costs assessor considers reasonable.
	(b)  ordinary service, other than ordinary service of a type mentioned in paragraph (c), (d) or (e)	33.35
	(c)  service by post	24.30
	(d)  service by facsimile—
	(i)  for the first page	11.10
	(ii)  for each extra page	1.30
	(e)  service by email	11.10
	Attendances
11	Attendance, if capable of being done by an employee—
	(a)  to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order	33.35
	(b)  to search	33.35
	(c)  to do something of a similar nature	33.35
12	Attendance by telephone that does not involve the exercise of skill or legal knowledge	22.35
13	Attendance in court, mediation or case appraisal, at a compulsory conference or before the registrar, by a solicitor who appears without a barrister—for each quarter-hour	100.95
14	Attendance for a hearing or trial held at a place other than the town where the solicitor lives or carries on business—
	(a)  by the solicitor—
	(i)  for the time spent in attendance at the hearing or trial—for each quarter-hour	92.35
	(ii)  for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial—
	(A)  for an absence of 4 hours or less	693.85
	(B)  for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours	44.85
	(iii)  the expenses the registrar or a costs assessor considers reasonable for each day of absence, including Saturdays and Sundays
	(iv)  the actual expenses of transport to and from the hearing or trial the registrar or a costs assessor considers reasonable
	(b)  by the solicitor’s employee—the amount the registrar or a costs assessor considers reasonable
	However, if the solicitor’s absence is to attend more than 1 hearing or trial at the same place, the costs are to be divided proportionately.
15	Attendance at a call-over, to be apportioned if the attendance is for more than 1 proceeding	60.85
16	Other attendances—
	(a)  by a solicitor, involving skill or legal knowledge—for each quarter-hour	92.35
	(b)  by an employee—for each quarter-hour	26.90
	However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court.
	Correspondence
17	(1)  Correspondence sent—
	(a)  written message or letter (20 words or less)	18.60
	This includes a letter forwarding documents without explanation.
	(b)  short letter (21 to 100 words)	37.15
	(c)  any other letter—for each 100 words	32.25
	This covers any form of written communication including ordinary post, facsimile, email, text or other form of electronic transmission.
	This includes the charges of the communication provider, other than charges for sending the correspondence by registered post, international post or courier or serving the correspondence personally.
	For a circular letter, the first is to be allowed under this item. For each circular letter after the first, the charge under item 7 applies.
	(2)  Correspondence received—
	(a)  receiving any correspondence, including by electronic means, and filing, including reading a message (20 words or less) and, for an electronic communication, printing 1 page for filing	18.60
	For printing additional pages received electronically for filing, the charge under item 7 applies.
	(b)  perusing correspondence—
	(i)  for the first 100 words	24.75
	(ii)  for each 100 words or part after the first 100 words	12.40
	(c)  if perusing the document is not reasonably necessary, to examine the document—for each page	6.25
	(3)  Agency correspondence—
	(a)  for sending correspondence to the agent by the principal, or to the principal by the agent—costs under item 17(1)
	(b)  for receiving correspondence from the agent by the principal, or from the principal by the agent—costs under item 17(2)
	If engagement of the agent was normal and reasonable in the circumstances, costs may be charged under this item by the principal and the agent.
	Correspondence between offices of the same firm of solicitors may be charged if it is analogous to agency correspondence and the engagement of an agent was not reasonable in the circumstances.
	Note—The word count for agency correspondence is based on the body of the correspondence, as defined in schedule 3.
	Electronic conduct of proceedings
18	(1)  Examining an electronic document or comparing electronic documents, including emails, if perusal is unnecessary—for each 100 words	1.20
	(2)  Preparing a document for disclosure, or to be exchanged electronically, by—
	(a)  barcoding the document—for each page	0.68
	(b)  electronically scanning or imaging the document—for each page	0.68
	(c)  entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document	6.20
	(3)  To the extent a proceeding is conducted electronically, the costs to be allowed, including the costs of any electronic service provider, are the costs the registrar or a costs assessor considers have been reasonably incurred and paid.
	Fixed cost items
19	Instructions to sue—claim and statement of claim and service	2,037.00
20	Costs for obtaining judgment under chapter 9, part 1, division 2	535.45
21	Costs for obtaining an enforcement warrant	535.45

7Amendment of sch 2 (Scale of costs—Magistrates Courts)

(1)Schedule 2, part 2—
omit, insert—

Part 2 Costs (up to $50,000)

	A Under $2,500	B $2,501 to $5,000	C $5,001 to $20,000	D $20,001 to $50,000
	$	$	$	$
	(including GST)
1  Instructions to sue—claim and statement of claim and service	436.20	823.85	1,289.00	1,431.00
2  Instructions to defend—notice of intention to defend and defence and filing	436.20	823.85	1,289.00	1,431.00
3  Appearance in court in undefended proceedings (or in defended proceedings in which a claim or defence is not proceeded with—additional to costs for instructions to sue but including costs under item 4) to obtain judgment	115.10	192.05	291.15	319.65
4  Obtaining judgment by default	115.10	192.05	291.15	319.65
5  Preparing for trial, up to and including settlement conference—
(a)  including brief for counsel to appear at conference	495.50	1,177.00	1,895.00	2,231.00
(b)  if no counsel appears at conference	446.00	1,115.00	1,729.00	2,044.00
6  Balance of preparing for trial—
(a)  including trial brief if counsel engaged	580.95	1,295.00	2,013.00	2,546.00
(b)  if no counsel at trial	408.90	953.90	1,518.00	1,939.00
7  Preparing for trial, if no settlement conference—
(a)  including trial brief if counsel engaged	991.00	2,353.00	3,791.00	4,647.00
(b)  if no counsel at trial	780.45	1,951.00	3,129.00	3,853.00
8  Counsel’s fees—
(a)  to settle claim and statement of claim, counterclaim, notice of intention to defend or notice of appeal	–	–	278.75	333.30
(b)  to settle special affidavit, reply or particulars that the magistrate, registrar or costs assessor is satisfied are reasonably necessary or proper	–	–	179.75	218.00
(c)  to settle interrogatories or answers to interrogatories that the magistrate, registrar or costs assessor is satisfied are reasonably necessary or proper	–	–	272.55	327.10
(d)  on conference, inspection of works or other site inspection, or a similar attendance that the magistrate, registrar or costs assessor is satisfied is reasonably necessary or proper—each hour	–	–	278.75	333.30
(e)  to advise on evidence or for any other opinion	–	–	291.15	372.80
(f)  on trial or hearing (other than an application in a proceeding)—first day	941.55	1,065.00	1,770.00	2,155.00
(g)  on each subsequent day of hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court)	625.65	711.15	1,182.00	1,431.00
(h)  on each subsequent day of hearing not included in paragraph (g)	307.25	351.80	582.20	724.75
(i)  if a proceeding is heard outside the town where counsel ordinarily practises, a further fee by way of out-of-chambers fee (not less than $60.00 a day) may be allowed for each day it is not reasonably practicable for counsel to be in attendance at chambers for a total of at least 1 hour, between 8.30a.m. and 5.30p.m.
(j)  on an application in a proceeding	–	–	284.95	333.30
(k)  to hear deferred judgment	–	–	148.60	192.05
9  Solicitor on hearing—
(a)  appearance without counsel on hearing—first day	854.90	904.40	1,438.00	1,753.00
(b)  appearance without counsel on second and each subsequent day of hearing (if the matter occupies 2 or more hours of the day and the appearance is certified for by the court)	608.35	608.35	991.00	1,202.00
(c)  attendance of clerk with solicitor acting as advocate—each day	103.40	307.25	322.05	372.80
Costs under paragraph (c) are not allowed if the court certifies the attendance of the clerk was not reasonably required.
10  On hearing with counsel—
(a)  attendance of solicitor with counsel (if the attendance is certified for by the court)—each day	384.15	454.60	712.40	861.10
(b)  attendance of clerk with counsel—each day	103.40	307.25	322.05	351.80
Costs under paragraph (b) are not allowed if the court certifies the attendance of the clerk was not reasonably required.
11  On hearing with counsel—
(a)  counsel’s fees (if no fee is payable under item 8(f))	307.25	327.10	545.00	644.30
(b)  solicitor for appearance without counsel	307.25	307.25	495.50	596.00
12  Applications to the court (other than an application for an adjournment)	211.15	365.60	576.05	717.45
13  Instructions—
(a)  for disclosure, preparing list of documents and making inspection and copies of documents—
(i)  allowance to party requesting disclosure	179.15	275.20	384.15	454.60
(ii)  allowance to party making disclosure	179.15	625.65	693.85	836.35
(b)  for interrogatories and answers to interrogatories (including preparation, filing and perusing)—
(i)  allowance to party delivering interrogatories	179.15	474.55	499.40	576.05
(ii)  allowance to party answering interrogatories	179.15	442.40	460.80	628.30
14  Enforcement hearing—
(a)  counsel’s fees	428.75	486.95	755.80	929.15
(b)  if no counsel engaged	307.25	422.55	668.95	805.35
15  Enforcement warrant—
(a)  costs of preparing warrant and attending issuing and for return—to be marked on warrant (exclusive of court or other fees)	92.35	192.05	291.15	351.80
(b)  costs of registration of warrant against land	92.35	192.05	291.15	351.80
16  Warrant (other than enforcement warrant)—costs of preparing warrant and attending issuing and for return	92.35	192.05	291.15	351.80

(2)Schedule 2, part 3, items 4 to 21—
omit, insert—

	Drafting documents
4	Drafting a document—for each 100 words	20.55
	Producing documents
5	Producing a document in final form—for each 100 words	4.95
	Preparing exhibit certificates
6	Preparing an exhibit certificate—for each exhibit, including a paginated book	3.85
	Copying documents
7	Copying a document—for each page	0.23
	Perusing documents
8	Perusing a document—for each 100 words	4.95
	Examining or comparing documents
9	Examining a document or comparing documents, if perusal is unnecessary—
	(a)  by a solicitor—for each quarter-hour	72.80
	(b)  by an employee—for each quarter-hour	21.45
	Serving documents
10	Serving on a person 1 or more documents at the same time—
	(a)  personal service, by a solicitor or a solicitor’s employee, if personal service is required for 1 or more of the documents served	42.50
	However, if the registrar or a costs assessor considers another amount is reasonable (having regard, for example, to the distance travelled, the time involved, and the number of attendances necessary to effect service), the amount to be allowed is the amount the registrar or the costs assessor considers reasonable.
	(b)  ordinary service, other than ordinary service of a type mentioned in paragraph (c), (d) or (e)	26.70
	(c)  service by post	19.40
	(d)  service by facsimile—
	(i)  for the first page	8.80
	(ii)  for each extra page	1.05
	(e)  service by email	8.80
	Attendances
11	Attendance, if capable of being done by an employee—
	(a)  to file or deliver a document, obtain an appointment, insert an advertisement, or settle an order	26.70
	(b)  to search	26.70
	(c)  to do something of a similar nature	26.70
12	Attendance by telephone that does not involve the exercise of skill or legal knowledge	17.85
13	Attendance in court, mediation or case appraisal, at a compulsory conference or before the registrar, by a solicitor who appears without a barrister—for each quarter-hour	80.80
14	Attendance for a hearing or trial held at a place other than the town where the solicitor lives or carries on business—
	(a)  by the solicitor—
	(i)  for the time spent in attendance at the hearing or trial—for each quarter-hour	73.90
	(ii)  for the time the solicitor is absent from the solicitor’s place of business, including time used in travelling to or from the hearing or trial, other than in attendance at the hearing or trial—
	(A)  for an absence of 4 hours or less	555.10
	(B)  for an absence of more than 4 hours—for each quarter-hour to a maximum of 8 hours	35.85
	(iii)  the expenses the registrar or a costs assessor considers reasonable for each day of absence, including Saturdays and Sundays
	(iv)  the actual expenses of transport to and from the hearing or trial the registrar or a costs assessor considers reasonable
	(b)  by the solicitor’s employee—the amount the registrar or a costs assessor considers reasonable
	However, if the solicitor’s absence is to attend more than 1 hearing or trial at the same place, the costs are to be divided proportionately.
15	Attendance at a call-over, to be apportioned if the attendance is for more than 1 proceeding	48.70
16	Other attendances—
	(a)  by a solicitor, involving skill or legal knowledge—for each quarter-hour	73.90
	(b)  by an employee—for each quarter-hour	21.45
	However, the costs allowed under this item are to be reduced by 25% in relation to time necessarily spent at court before an appearance in court.
	Correspondence
17	(1)  Correspondence sent—
	(a)  written message or letter (20 words or less)	14.85
	This includes a letter forwarding documents without explanation.
	(b)  short letter (21 to 100 words)	29.70
	(c)  any other letter—for each 100 words	25.80
	This covers any form of written communication including ordinary post, facsimile, email, text or other form of electronic transmission.
	This includes the charges of the communication provider, other than charges for sending the correspondence by registered post, international post or courier or serving the correspondence personally.
	For a circular letter, the first is to be allowed under this item. For each circular letter after the first, the charge under item 7 applies.
	(2)  Correspondence received—
	(a)  receiving any correspondence, including by electronic means, and filing, including reading a message (20 words or less) and, for an electronic communication, printing 1 page for filing	14.85
	For printing additional pages received electronically for filing, the charge under item 7 applies.
	(b)  perusing correspondence—
	(i)  for the first 100 words	19.85
	(ii)  for each 100 words or part after the first 100 words	9.90
	(c)  if perusing the document is not reasonably necessary, to examine the document—for each page	5.00
	(3)  Agency correspondence—
	(a)  for sending correspondence to the agent by the principal, or to the principal by the agent—costs under item 17(1)
	(b)  for receiving correspondence from the agent by the principal, or from the principal by the agent—costs under item 17(2)
	If engagement of the agent was normal and reasonable in the circumstances, costs may be charged under this item by the principal and the agent.
	Correspondence between offices of the same firm of solicitors may be charged if it is analogous to agency correspondence and the engagement of an agent was not reasonable in the circumstances.
	Note—The word count for agency correspondence is based on the body of the correspondence, as defined in schedule 3.
	Electronic conduct of proceedings
18	(1)  Examining an electronic document or comparing electronic documents, including emails, if perusal is unnecessary—for each 100 words	1.00
	(2)  Preparing a document for disclosure, or to be exchanged electronically, by—
	(a)  barcoding the document—for each page	0.58
	(b)  electronically scanning or imaging the document—for each page	0.58
	(c)  entering data about the document in a database, including delimiting the document to decide start and end pages, and carrying out quality control of the data, for example, to check for missing data and check spelling—for each document	4.95
	(3)  To the extent a proceeding is conducted electronically, the costs to be allowed, including the costs of any electronic service provider, are the costs the registrar or a costs assessor considers have been reasonably incurred and paid.
	Fixed cost items
19	Instructions to sue—claim and statement of claim and service	1,629.00
20	Costs for obtaining judgment under chapter 9, part 1, division 2	428.35
21	Costs for obtaining an enforcement warrant	428.35