National guide to counsel fees (effective from
1 January 2009)
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The following guide may be applied by taxing officers of the Federal Court when making an estimate pursuant to Order 62 rule 46 of the Federal Court Rules or upon taxation of a party and party Bill of Costs.
In many cases the range of fees in this guide will bear no relationship to the amounts that members of the Bar actually charge as a fee on an hourly rate.
Where, for example, by reason of the number, difficulty and/or complexity of the questions of law or fact involved, the time required for preparation for the hearing is substantially extended beyond what might be regarded as “average”, a taxing officer may determine that a fee at or above the upper end of the range may be appropriate. In particular cases, the standing and experience of the counsel concerned may also be a relevant matter for consideration. Similarly, where the matter is not complex or difficult, a fee at or towards the lower end of the range may be appropriate.
The amounts listed are not to be regarded as limiting the taxing officers’ discretion to allow higher or lower fees if it is considered appropriate.
This Guide takes effect from 1 January 2009.
Warwick Soden
Registrar 8 December 2008
Applications/Appeals
Junior Counsel
Senior Counsel
Fee on Brief
(including: preparation at discretion of taxing officer and
appearance on the first day of a hearing)
OR
$1,160-4,660
$1,920-7,000
Appearance at hearing (daily rate including conference)
$820-3,850
$1,920-5,830
Interlocutory Applications
Motion/Interlocutory hearing
short (up to 2 hours)
long (2 hrs plus)
$320-1,920
$640-3,800
$400-2,920
$760-5,830
Other
Hourly rate for:
Directions hearing
Preparation time
Conferences (not occurring on day of hearing)
Settling applications, statements of claim, affidavits, defence, other documents
