Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p17
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 17/53)
Character Range: 398869–401439

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 the proceeding; and
 (b) for a hearing or trial, counsel:
 (i) was present for a considerable part of the hearing or trial; and
 (ii) gave substantial assistance during the period to which the fees relate in the conduct of the proceeding; and
 (c) the fees are not more than the amount otherwise payable under these Rules for counsel engaged to attend at a proceeding.

12.30  Lawyer as counsel—assessment of fees
 (1) This rule applies to party and party costs for fees paid or to be paid to a lawyer engaged as counsel.
 (2) A Judicial Registrar may allow the costs of engaging more than one counsel, including counsel who is not King's Counsel or Senior Counsel.
 (3) If:
 (a) counsel is engaged to attend at a trial; and
 (b) the trial takes more than 1 day;
a Judicial Registrar may allow a fee in accordance with Part 2 of Schedule 3 for each further day or part of a day.
 (4) A Judicial Registrar must not allow:
 (a) a fee paid to counsel as a retainer; or
 (b) a reading fee, unless:
 (i) the proceeding is unusually complex; or
 (ii) the amount of material involved is particularly large; or
 (c) for a proceeding before a court of summary jurisdiction—an amount for counsel's fees, other than in accordance with item 203 or 204 of Schedule 3; or
 (d) if a daily fee for counsel's attendance is payable in accordance with Part 2 of Schedule 3—an additional amount for work done for the proceeding by counsel on any day for which the daily fee applies.

12.31  Expenses for attendance by witness
  An amount paid, or to be paid, for attendance by a witness at a hearing is a disbursement properly incurred for a proceeding if:
 (a) the attendance is reasonably required; and
 (b) the amount is reasonable, or is authorised or approved by the court.

12.32  Expenses for preparation of report by expert
  An amount paid, or to be paid, to an expert for preparation of a report for a party or an independent children's lawyer is a disbursement properly incurred for a proceeding if:
 (a) the report is reasonably required; and
 (b) the amount is reasonable, or is authorised or approved by the court.

Part 12.8—Claiming and disputing costs

Division 12.8.1—Itemised costs account
Note: This Division provides that, if an account payable by a person is not in an itemised form, the person has the right to request an itemised costs