Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p56
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 132084–134856

overcaution, negligence or mistake;
 (b) by payment of special fees to counsel or special charges or expenses whether to witnesses or others; or
 (c) by other unusual expenses.

55.02  Special allowances
  In the case of:
 (a) special cases;
 (b) cases stated or questions reserved under an Act; and
 (c) pleadings;
the Taxing Officer may, in lieu of the allowances fixed by these Rules, make such allowance for work, labour and expenses in or about the preparation of the documents as the Taxing Officer thinks proper.

55.03  No fee prescribed
  Where a step in a matter has required skill and labour in respect of which no fee has been prescribed, the Taxing Officer may allow such special fee as the Taxing Officer thinks fit.

55.04  Duplication of fees
  Only one fee shall be allowed for taking a step for or against more than one party unless the charging of a separate fee was necessary and proper.

55.05  Fees not provided for
  Such sum shall be allowed as the Taxing Officer thinks just and reasonable having regard to all the circumstances of the case for work and labour properly performed and not specifically provided for by these Rules but in respect of which, in the opinion of the Taxing Officer, an allowance should be made.

Part 56—Taxation of costs—Particular items

56.01  Instructions
  If the Taxing Officer, on special grounds, considers a fee set out in Schedule 2 for instructions to be inadequate, the Taxing Officer may make such further allowance as the Taxing Officer considers reasonable.

56.02  Preparing documents (other than court books)
  The fees set out in Schedule 2 for preparing a document (other than court books) include the following:
 (a) typing the document;
 (b) printing the document;
 (c) posting the document;
 (d) faxing the document;
 (e) emailing the document;
 (f) scanning the document;
 (g) lodging the document;
 (h) any other administrative task relating to the preparation, transmission (by any means) or lodgment of the document.
No additional amount will be allowed for such administrative tasks.

56.03  Evidence
  Such just and reasonable charges and expenses as appear to have been properly incurred in procuring evidence and the attendance of witnesses shall be allowed.

56.04  Evidence by affidavit
56.04.1  Where there are several deponents to an affidavit to be sworn or it is necessary for the purpose of an affidavit being sworn to go to a distance or to employ an agent, the Taxing Officer shall make such reasonable allowance as the Taxing Officer thinks fit.
56.04.2  The allowances for instructions for and preparing an affidavit include all attendances on the deponent to settle and read over the affidavit.

56.05  Copies
  The Taxing Officer shall allow only the copying of such documents