Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p16
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 16/53)
Character Range: 396547–399096

within Australia
  The charge referred to in Schedule 3 for producing a document (including a letter) includes an allowance for:
 (a) preparing one file copy of the document; and
 (b) postage of the document in Australia.

12.25  Waiting and travelling time
 (1) Subrule (2) applies if:
 (a) a lawyer has travelled less than 100 kilometres from the lawyer's place of business to attend court; and
 (b) it is not appropriate or proper for an agent to attend court instead of the lawyer.
 (2) The lawyer may charge an amount for time reasonably spent attending a court event if the lawyer was:
 (a) at court waiting for the court event to start or resume after the time allocated; or
 (b) travelling to or from court.
 (3) A lawyer who attends court for the hearing of 2 or more proceedings may charge, for each proceeding, an amount that is reasonable, having regard to the time spent at each hearing:
 (a) travelling to or from court; or
 (b) waiting for each hearing to start or resume.
 (4) The total amount that may be charged under this rule for all proceedings must not be more than the amount that may be charged under Part 1 of Schedule 3 for one proceeding.

12.26  Agent's fees
  The costs claimed by a lawyer (the principal lawyer) for work done by another lawyer as agent of the principal lawyer must not be more than the amount the principal lawyer would have been entitled to charge under Schedule 3 if the principal lawyer had personally done the work.

12.27  Costs of proceedings not started together
 (1) This rule applies if:
 (a) a lawyer starts a proceeding for a client that could reasonably have been started at the same time, and in the same court, as another proceeding between the same parties; and
 (b) the proceeding was not started at that time in that court.
 (2) The lawyer may charge for work done for all the proceedings only the amount the lawyer could have charged if the lawyer had started all the proceedings at the same time in the same court.

12.28  Certificate as to counsel
  The judicial officer hearing a proceeding may certify that it was reasonable to engage a lawyer (including King's Counsel and Senior Counsel) as counsel to attend for a party.

12.29  Lawyer as counsel—party and party costs
 (1) This rule applies to party and party costs for fees paid or to be paid to a lawyer engaged as counsel.
 (2) The fees are a necessary expense for a proceeding if:
 (a) either:
 (i) the proceeding was heard by a Full Court; or
 (ii) in any other proceeding—it was reasonable to engage counsel to attend at