Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 12.30

             (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 Queen'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.