Since 2005 the Federal Court has issued a guide to the amounts which may be applied by taxing officers of the Court nationally in making estimates or taxing party and party costs under the relevant rules of the Court. The rates were last updated in that guide with effect from 4 January 2010.
On 1 August 2011 the Federal Court Rules 2011 commenced and introduced new procedures and requirements for preparation of party and party bills of costs; for estimation, provisional taxation and taxation of costs; and a new scale of costs. That new scale, however, applies only to work done and services performed after 1 August 2011.
A new guide to counsel fees was issued on 4 October 2011 for the purposes of the Federal Court Rules 2011 and took effect from 1 August 2011. It applies to work done and services performed by counsel after that date.
The new guide, however, continues the same rates as were adopted in the guide to counsel fees issued on 4 December 2009 which apply to work done and services performed by counsel from 4 January 2010 to 31 July 2011.
The next review of the rates of counsel fees will be carried out in early 2012.
The following guide may be applied by taxing officers of the Federal Court for the purposes of item 16.1 of Schedule 3 to the Federal Court Rules 2011 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.
