Please note: This article was originally published by CourtKeys.com in 2017. It is now out of date. Revised and updated content is included in Civil Litigation for Non-Lawyers, which is [available here]. Disclaimer

On this page

  • Introduction
  • Summary
  • Basis for costs calculations
  • District and High Court costs schedules
  • High Court costs
  • Estimates for particular High Court proceedings
  • District Court costs
  • Estimates for particular District Court proceedings

Introduction

This page explains legal costs involved in court cases and gives estimates that are based on assumptions. Under the part titled ‘Summary’ there is a description of the estimates contained on this page. The reasons for the estimates and the assumptions they are based on are explained in the parts following the summary. The assumptions can vary a great deal, and this variability can change the estimates to a significant degree.

Summary

This part summarises the estimates contained on this page. The reasons for the estimates are described in the parts that follow.

References to ‘costs’ are the estimated legal fees and disbursements that a plaintiff may incur to run a trial or take the action described. References to ‘recoverable’ amounts are the estimated amounts that a court may allow a successful plaintiff to recover from a defendant. Note that GST is not specifically accounted for.

References to ‘summary’ are references to summary judgment applications. References to ‘insolvency’ are references to liquidation and adjudication (bankruptcy) applications. References to ‘duration’ are references to the length of the substantive hearing or trial for each matter.

High Court
ActionClassificationDurationCostRecoverable
TrialStraightforward2 days35,01825,078
TrialAverage5 days117,45383,582
TrialComplex7 days348,885239,470
SummaryStraightforward1 day12,3809,120
SummaryAverage1 day25,08117,500
InsolvencyStraightforward3,5662,974
InsolvencyAverage6,4734,912
District Court
ActionClassificationDurationCostRecoverable
Short TrialStraightforward1 day7,9156,026
Simplified TrialAverage2 days42,29929,516
Full TrialAverage5 days73,93152,270
Full TrialComplex5 days157,968108,162
SummaryAverage1 day12,5478,898
SummaryComplex1 day28,13219,288

Basis for costs calculations

When lawyers act in a court case their fees tend to make up the greatest part of the costs involved. The total cost of a case depends on many variables. These include:

1. Some cases involve more evidence. Therefore a greater amount of analytical work and discovery may be required.

2. Answers to some legal questions are not yet obvious by reference to legislation or New Zealand case law. A greater amount of legal research may be necessary if a case involves such legal questions.

3. Different cases can involve different procedural steps. Some cases quickly come to an end if a defendant does not file a defence or if a summary judgment is given at an early stage. Others can go on for years if a lengthy trial is required and there are many pre-trial arguments, conferences and other steps.

4. Different lawyers offer different pricing models. Some charge an hourly rate for their time, whereas others may offer fixed fees for different components of a case or some other arrangement. Hourly rates and the cost of fixed fee components can vary from lawyer to lawyer.

Under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008, lawyers must charge fees that are fair and reasonable. Rule 9.1 provides:

The factors to be taken into account in determining the reasonableness of a fee in respect of any service provided by a lawyer to a client include the following:

a. the time and labour expended:

b. the skill, specialised knowledge, and responsibility required to perform the services properly:

c. the importance of the matter to the client and the results achieved:

d. the urgency and circumstances in which the matter is undertaken and any time limitations imposed, including those imposed by the client:

e. the degree of risk assumed by the lawyer in undertaking the services, including the amount or value of any property involved:

f. the complexity of the matter and the difficulty or novelty of the questions involved:

g. the experience, reputation, and ability of the lawyer:

h. the possibility that the acceptance of the particular retainer will preclude engagement of the lawyer by other clients:

i. whether the fee is fixed or conditional (whether in litigation or otherwise):

j. any quote or estimate of fees given by the lawyer:

k. any fee agreement (including a conditional fee agreement) entered into between the lawyer and client:

l. the reasonable costs of running a practice:

m. the fee customarily charged in the market and locality for similar legal services.

Lawyers tend to break their costs down into three parts. There is the fees part, any goods and services tax (“GST”) on their fees, and then there are disbursements. Disbursements include costs payable to other organisations such as Court filing and process service fees. The rate of GST is currently 15% in New Zealand. GST on legal fees may not be payable if you are not a New Zealand tax resident, and may otherwise be payable but refundable in some circumstances. GST is not specifically accounted for here.  

District and High Court costs schedules

The District and High Court Rules both include schedules that can be used to calculate costs awards made by those Courts. Those schedules describe some components or ‘steps’ in court cases, how much time each component can involve and a range of ‘daily recovery rates’. A daily recovery rate is the amount of money for legal fees, calculated on a daily basis, that a Court may allow to be recovered against another party to a court case.

The appropriate daily recovery rate depends on the nature and complexity of each particular case. These rates are intended to amount to two thirds of what is considered a reasonable rate. That is because the District and High Court schedules are only intended to be used to calculate partial compensation for costs incurred by a successful litigant. There are other provisions in the respective Court Rules for awarding greater amounts of costs and full costs, but reference to the schedules should give you a general idea of what it could cost to run a court case.

Daily recovery rates are set out in Schedule 2 of the High Court Rules 2016 and Schedule 5 of the District Court Rules 2014. The rates are different as between these two Courts. The rules and regulations for the other Courts and Tribunals covered by this website do not incorporate costs schedules. Arguments over costs in those forums may draw analogies between the High or District Court schedules, particularly concerning the reasonableness of costs claimed.

High Court costs

The appropriate High Court daily recovery rate depends on how a particular case is categorised. There are three categories of cases set out in rule 14.3 of the High Court Rules 2016. They are:

Category 1: Proceedings of a straightforward nature able to be conducted by counsel considered junior in the High Court.

Category 2: Proceedings of average complexity requiring counsel of skill and experience considered average in the High Court.

Category 3: Proceedings that because of their complexity or significance require counsel to have special skill and experience in the High Court

The daily recovery rates provided for by schedule 2 of the High Court Rules are set out in the column titled ‘Rate (2/3)’ of the following table. Remembering that those rates are only intended to amount to two thirds of what is considered reasonable, the full rate is set out in the column titled ‘Rate (3/3)’.

CategoryRate (2/3)Rate (3/3)
1: Straightforward proceedings / junior counsel$1,480$2,220
2: Average proceedings / average counsel$2,230$3,345
3: Significant or complex proceedings / special counsel$3,300$4,950

Various steps that may be taken by parties to a court case are described at schedule 3 of the High Court Rules 2016. That schedule also sets out how long it may take to complete each step. Three different time estimates are given for each step. They are ranked ‘A’ for the least through to ‘C’ for the greatest amount of time considered reasonable. The rankings are described as ‘bands’ by rule 14.5(2) of the High Court Rules 2016 as follows:

(2) A determination of what is a reasonable time for a step under subclause (1) must be made by reference—

a. to band A, if a comparatively small amount of time is considered reasonable; or

b. to band B, if a normal amount of time is considered reasonable; or

c. to band C, if a comparatively large amount of time for the particular step is considered reasonable.

The table that follows sets out:

Columns 1 and 2: some of the steps described in schedule 3 of the High Court Rules 2016; and

Columns 3 to 5: a range for legal fees calculated by reference to daily recovery rate 1, time estimate band A, rate 2 band B and rate 3 band C. The daily recovery rates used are the full “(3/3)” rates referred to above.

Estimated disbursements involved in particular steps are also set out in the row immediately below the relevant step. Disbursements are indicated by the letter ‘D’ in the column titled ‘Step’. Fees payable to the High Court are provided for by the High Court Fees Regulations 2013.

High Court Costs Schedule
StepDescriptionEstimate
 Commencement1A2B3C
1Commencement of proceeding by plaintiff3,55210,03549,500
D1High Court filing fee1,350
D2Process service fee200
2Commencement of defence by defendant2,2206,69029,700
D3High Court filing fee110
 Other pleadings and notices1A2B3C
3Reply4442,67611,880
4Counterclaim1,7765,35223,760
D4High Court filing fee1,350
5Cross-notice between defendants1,3324,01419,800
6Third party notice and statement of claim2,6648,02834,650
D5High Court filing fee1,460
D6Process service fee200
7Notice of appearance444669990
D7High Court filing fee110
D8Process service400
8Notice of appearance with protest to jurisdiction6662,0079,900
D9High Court filing fee110
9Pleading in response to amended pleading6662,0079,900
 Case management1A2B3C
10Preparation for first case management conference (including discussion about discovery)4441,3384,950
11Filing memorandum for first or subsequent case management conference or mentions hearing4441,3384,950
12Appearance at mentions hearing or callover444669990
13Appearance at first or subsequent case management conference6661,0043,465
14Preparation for and appearance at issues conference1,6734,950
15Preparation for and appearance at pre-trial conference1,6734,950
 Interrogatories, discovery and inspection1A2B3C
16Notice to answer interrogatories8883,34519,800
17Answer to interrogatories8883,34519,800
18Notice to admit facts8882,67611,880
19Admissions of facts8882,67611,880
20List of documents on discovery1,5548,36334,650
D10Copying/scanning/indexing/(digital) storage costs
21Inspection of documents1,1105,01829,700
 Interlocutory applications 1A2B3C
22Filing interlocutory application6662,0079,900
D11High Court filing fee500
23Filing opposition to interlocutory application6662,0079,900
D12High Court filing fee110
24Preparation of written submissions1,1105,01814,850
25Preparation by applicant of bundle for hearing8882,0074,950
D13Printing/binding costs
26Appearance at hearing of defended application for sole or principal counselThe time occupied by the hearing measured in quarter days
D14High Court hearing fee for each half-day or part half-day after the first half-day1,600
27Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
28Obtaining judgment without appearance6661,0042,475
29Sealing order or judgment444669990
D15High Court sealing fee50
 Trial preparation and appearance1A2B3C
30Plaintiff’s or defendant’s preparation of briefs or affidavits3,3308,36324,750
31Plaintiff’s preparation of list of issues, authorities, and common bundle3,3308,36324,750
D16Printing/binding costs
32Defendant’s preparation of list of issues, authorities, and common bundle2,2206,69019,800
D17Printing/binding costs
33Preparation for hearing4,44010,03524,750
D18High Court scheduling fee1,600
34Appearance at hearing for sole or principal counselThe time occupied by the hearing measured in quarter days
D19High Court hearing fee for each half-day or part half-day after the first half-day1,600
35Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
36Other steps in proceeding not specifically mentionedAs allowed by the court
D20High Court fee for judicial settlement conference640
 Originating applications1A2B3C
37Filing application and supporting affidavits2,2206,69029,700
D21High Court filing fee540
D22Process service fee200
38Filing notice of opposition and supporting affidavits2,2206,69029,700
D23High Court filing fee110
39Case management (as for ordinary proceeding)
40Preparation of written submissions1,1105,01814,850
D24High Court scheduling fee640
41Preparation by applicant of bundle for hearing8882,0074,950
D25Printing/binding costs
42Appearance at hearing for sole or principal counselThe time occupied by the hearing measured in quarter days
D26High Court hearing fee for each half-day or part half-day after the first half-day640
43Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
 Bankruptcy proceedings1A2B3C
44Filing and serving bankruptcy notice2226692,970
D27High Court filing fee200
D28Process service fee200
45Filing application for adjudication by creditor6662,0078,910
D29High Court filing fee500
D30High Court scheduling fee640
D31Process service200
46Appearance at hearing4441,3385,940
47Supporting party on bankruptcy4441,3385,940
D32High Court fee for sealing order for bankruptcy50
 Company liquidation proceedings1A2B3C
48Issuing statutory demand2226692,970
D33Process service fee200
49Filing statement of claim and other documents6662,0078,910
D34High Court filing fee540
D35Process service fee200
D36Advertising fees800
50Appearance at hearing4441,3385,940
51Supporting party on liquidation4441,3385,940
D37High Court sealing fee50
 Appeals1A2B3C
52Commencement of appeal or cross-appeal1,1103,34514,850
D38High Court filing fee540
53Commencement of response to appeal or cross-appeal6661,6734,950
D39High Court filing fee110
54Case management (as for ordinary proceeding)Refer above
55Preparation of Case on Appeal1,1103,3459,900
D40High Court scheduling fee1,600
56Preparation of written submissions2,22010,03529,700
57Appearance at hearing for sole or principal counselThe time occupied by the hearing measured in quarter days
D41High Court hearing fee for each half-day or part half-day after the first half-day1,600
58Second and subsequent counsel if allowed by court50% of allowance for appearance for principal counsel
 Australian judgment proceedings1A2B3C
58APreparing and filing an application under section 56 of the Trans-Tasman Proceedings Act 2010 to register in the court an Australian judgment6661,0041,485
D42High Court filing fee100
D43Process service fee200
 Enforcement of judgment or order1A2B3C
59Charging order without application6661,0044,950
D44High Court issuing fee200
D45Process service200
60Charging order with application, including any unopposed order1,1101,6736,930
D46High Court issuing fee200
D47Process service200
61Sale order, including sale of seized property1,1101,6733,465
D48High Court issuing fee1,500
D49High Court sale fee500
D50Process service fee200
D51Advertising fee600
62Other enforcement process1,1101,6733,465

Costs schedules referred to on this page cannot be regarded as perfectly accurate. Sometimes steps take less time than indicated by the schedules and sometimes they take more time. Steps that are not accounted for by the schedules may need to be taken and, as shown above, estimates are not provided for every single step that is accounted for. Keep in mind the variable factors affecting costs. Some of those are described at the beginning of this page.

Reference to the costs schedules can, however, be useful to provide a general idea of the kinds of costs that could be involved in a court case.

Estimate for a ‘1A’ High Court trial

With reference to the costs schedule above, a simple High Court claim that progresses to trial could cost a plaintiff $35,018. $25,078 of those costs would be recoverable if ‘1A’ costs and all disbursements except D10 and D16 were awarded.

This estimate is made on the basis that the proceeding is of a straightforward nature, able to be conducted by counsel considered junior, and involving only a comparatively small amount of time for each step. So the proceeding would be regarded as a ‘category 1, band A’ proceeding.

The estimate assumes no interlocutory applications are made in the proceeding, there is only one round of each kind of case management step, discovery and bundling costs are relatively inexpensive at $300 each, and a two day trial conducted by only one counsel.

The estimate accounts for the following steps and disbursements: 1; D1; D2; 3; 10; 11; 12; 13; 16; 18; 20; D10 ($300); 21; 30; 31; D16 ($300); 33; D18; 34 (2 days); D19 (2 days); 29; D15. Any costs to enforce judgment are not accounted for.

Estimate for a ‘1A’ High Court summary judgment

Estimated costs in the order of $35,000 to complete a simple High Court trial provide incentive to settle or otherwise resolve a claim early. Summary judgment, if it is available, is a way to have a case determined without the full expense of a trial. Where a plaintiff makes a summary judgment application it must satisfy the Court that the defendant has no defence to a claim. Where a defendant makes a summary judgment application it must show that the plaintiff cannot succeed with a claim. This is as provided by rule 12.2 of the High Court Rules 2016.

Summary judgment applications are typically advanced by plaintiffs either at the time they file a statement of claim, after they have received a response by the defendants or after discovery and inspection has occurred.

If a summary judgment application is advanced by a plaintiff at the time a simple High Court claim is filed, then the costs to hear and determine that application could be $12,380. Of these, $9,120 would be recoverable if ‘1A’ costs and all disbursements except D13 were awarded.

That is on the basis that the proceeding is of a straightforward nature able, to be conducted by counsel considered junior, and involving only a comparatively small amount of time for each step. So the proceeding would be regarded as a ‘category 1, band A’ proceeding.

The estimate assumes a one day hearing conducted by one counsel, and printing and binding costs of $300 for the necessary bundle of documents.

The estimate accounts for the following steps and disbursements: 1; D1; D2; 22; 24; 25; D13 ($300); 26 (1 day); D14 (1 day); 29; D15. Any costs to enforce judgment are not accounted for.

Estimate for a ‘2B’ High Court trial

An average High Court claim that progresses to trial could cost a plaintiff $117,453. Of these, $83,582 would be recoverable if ‘2B’ costs and all disbursements were awarded except D10 and D16.

That is on the basis that the proceeding is of an average nature, able to be conducted by counsel considered average, and involving a normal amount of time for each step. So the proceeding would be regarded as a ‘category 2, band B’ proceeding.

The estimate assumes two rounds of case management conferences, no interlocutory applications, discovery and document bundle disbursements of $600 a piece, a five day trial conducted by two counsel and a one day judicial settlement conference conducted by one counsel.

The estimate accounts for the following steps and disbursements: 1; D1; D2; 3; 10; 11 (x2); 12; 13 (x2); 14; 15; 16; 18; 20; D10 ($600); 21; 30; 31; D16 ($600); 33; D18; 34 (5 days); D19 (5 days); 35; 36 (1 day judicial settlement conference); D20; 29; D15. Any costs to enforce judgment are not accounted for.

Estimate for a ‘2B’ High Court summary judgment

As with ‘1A’ proceedings, the estimated costs to complete a trial provide incentive to settle or otherwise resolve the claim early. Summary judgment can resolve appropriate cases without the full expense of a trial. For plaintiffs, an appropriate case for a summary judgment application is where the defendant has no defence to a claim. Where a defendant makes a summary judgment application it must show that the plaintiff cannot succeed with a claim. This is as provided by rule 12.2 of the High Court Rules 2016.

Summary judgment applications are typically advanced by plaintiffs either at the time they file a statement of claim, after they have received a response by the defendants or after discovery and inspection has occurred.

If a summary judgment application is advanced by a plaintiff at the time an average High Court claim is filed, then the costs to hear and determine that application could be $25,081. Of these, $17,520 would be recoverable if ‘2B’ costs and all disbursements were awarded except D13.

That is on the basis that the proceeding is of an average nature, able to be conducted by counsel considered average, and involving a normal amount of time for each step. So the proceeding would be regarded as a ‘category 2, band B’ proceeding.

The estimate assumes a one day hearing conducted by one counsel, and printing and binding costs of $400 for a bundle of documents.

The estimate accounts for the following steps and disbursements: 1; D1; D2; 22; 24; 25; D13 ($400); 26 (1 day); D14 (1 day); 29; D15. Any costs to enforce judgment are not accounted for.

Estimate for a ‘3C’ High Court trial

A complex High Court claim that progresses to trial could cost a plaintiff $348,885. $239,470 of these costs would be recoverable if ‘3C’ costs and all disbursements were awarded except D10 and D16.

This estimate is made on the basis that the proceeding is complex, conducted by counsel of special skill or experience, and involving a large amount of time for each step. So the proceeding would be regarded as a ‘category 3, band C’ proceeding.

The estimate assumes two rounds of case management conferences, no interlocutory applications, discovery and document bundle disbursements of $1,000 a piece, a seven day trial conducted by two counsel and a one day judicial settlement conference conducted by one counsel.

The estimate accounts for the following steps and disbursements: 1; D1; D2; 3; 10; 11 (x2); 12; 13 (x2); 14; 15; 16; 18; 20; D10 ($1,000); 21; 30; 31; D16 ($1,000); 33; D18; 34 (7 days); D19 (7 days); 35; 36 (1 day judicial settlement conference); D20; 29; D15. Any costs to enforce judgment are not accounted for.

High Court insolvency proceedings

Obtaining a judgment is one thing, having it honoured is another thing entirely.

This part considers a situation where you have a judgment entitling you to payment of money but payment is not made. It looks at insolvency proceedings, which are one of the more common ways to attempt to achieve payment.

An insolvency proceeding against a corporation is an application to liquidate that corporation. An insolvency proceeding against a person is an application to adjudicate that person bankrupt.

Neither of these kinds of proceedings guarantee payment if liquidation or bankruptcy orders are made. They are insolvency proceedings after all. Other kinds of proceedings to enforce a judgment may be available, but the costs involved in these are perhaps not as predictable as they are for insolvency proceedings.

Straightforward insolvency proceedings are likely to be regarded as ‘1A’ proceedings. It may be arguable that a particular insolvency proceeding should be regarded as a ‘2B’ proceeding in some cases, but ‘3C’ categorisation will rarely be appropriate.

A bankruptcy proceeding involves the following steps and disbursements: 44; D27; D28; 45; D29; D30; D31; 46; 29; D32. The costs of these would total $3,566 if a proceeding was regarded as ‘1A’, and $6,473 if the proceeding was regarded as ‘2B’.

$2,974 would be recoverable if ‘1A’ costs and disbursements were awarded for the items described. $4,912 would be recoverable if ‘2B’ costs and disbursements were awarded. Note the step 29 cost to prepare orders for sealing may not be awarded because that is a cost that is not specifically provided for under the ‘bankruptcy’ heading in the cost schedule. It is, however, a necessary step and it has been included for that reason. Also, note that the costs estimates assume bankruptcy is ordered at the first hearing, although this is often not the case.

A liquidation proceeding involves the following steps and disbursements: 48; D33; 49; D34; D35; D36; 50; 29; D37. The costs of these would total $3,566 if a proceeding was regarded as ‘1A’, and $6,473 if the proceeding was regarded as ‘2B’.

Of these, $2,974 would be recoverable if ‘1A’ costs and disbursements were awarded for the items described. $4,912 would be recoverable if ‘2B’ costs and disbursements were awarded.

Note the step 29 cost to prepare orders for sealing may not be awarded because that is a cost that is not specifically provided for under the ‘company liquidation’ heading in the cost schedule. It is, however, a necessary step and it has been included for that reason. There is also no specific step for arranging the necessary advertisements for a liquidation application and issuing a ‘statement as to advertising’. A fee for such attendances could properly be expected although no corresponding costs award is likely. Finally, note that the costs estimates assume liquidation is ordered at the first hearing, although this is often not the case.

District Court costs

The appropriate District Court daily recovery rate depends on how a particular case is categorised. There are three categories of cases set out in rule 14.3 of the District Court Rules 2014. They are as follows.

Category 1: Proceedings of a straightforward nature able to be conducted by counsel considered junior.

Category 2: Proceedings of average complexity requiring counsel of skill and experience considered average.

Category 3: Proceedings that because of their complexity or significance require counsel to have special skill and experience.

The daily recovery rates provided for by schedule 5 of the District Court Rules 2014 are set out in the column titled ‘Rate (2/3)’ of the following table. Remembering that those rates are only intended to amount to two thirds of what is considered reasonable, the full rate is set out in the column titled ‘Rate (3/3)’.

CategoryRate (2/3)Rate (3/3)
1: Straightforward proceedings / junior counsel$1,180$1,770
2: Average proceedings / average counsel$1,780$2,670
3: Significant or complex proceedings / special counsel$2,640$3,960

Various steps that may be taken by parties to a court case are described at schedule 3 of the District Court Rules 2014. That schedule also sets out how long it may take to complete each step. Three different time estimates are given for each step. They are ranked ‘A’ for the least through to ‘C’ for the greatest amount of time considered reasonable. The rankings are described as ‘bands’ by rule 14.5(2) of the District Court Rules 2014 as follows:

(2) A determination of what is a reasonable time for a step under subclause (1) must be made by reference—

(a)        to band A, if a comparatively small amount of time for the particular step is considered reasonable; or

(b)        to band B, if a normal amount of time for the particular step is considered reasonable; or

(c)        to band C, if a comparatively large amount of time is considered reasonable.

The table that follows sets out:

Columns 1 and 2: some of the steps described in schedule 4 of the District Court Rules 2014; and

Columns 3 to 5: a range for legal fees calculated by reference to daily recovery rate 1, time estimate band A, rate 2 band B and rate 3 band C. The daily recovery rates used are the full “(3/3)” rates referred to above.

Estimated disbursements involved in particular steps are also set out in the row immediately below the relevant step. Disbursements are indicated by the letter ‘D’ in the column titled ‘Step’. Fees payable to the District Court are provided for by the District Court Fees Regulations 2009.

District Court Costs Schedule
StepDescriptionEstimate
 Commencement1A2B3C
1Preparing notice of claim or statement of claim (receiving instructions, researching facts and law, and filing and serving those documents)$1,328$4,005$11,880
D1District Court filing fee$200
D2Process service fee$200
2Response or defence by defendant (receiving instructions, researching facts and law, and preparing and serving response or statement of defence)$1,328$4,005$7,920
D3District Court filing fee$75
3Preparing and serving information capsule by plaintiff and defendant$1,770$5,340$11,880
4Filing notice of proceeding, filing response and information capsules under rule 2.15, and preparing, filing, and serving notice of pursuit of claim under rule 2.15$443$668$990
5Preparing, filing, and serving originating application$1,770$5,340$15,840
D4District Court filing fee$200
D5Process service fee$200
6Preparing and serving notice of opposition$1,770$4,005$11,880
7Other pleadings and notices:1A2B3C
7.1Counterclaim$885$1,335$3,960
D6District Court filing fee$200
D7Process service fee$200
7.2Claims between defendants$885$2,670$7,920
D8District Court filing fee$200
D9Process service fee$200
7.3Commencement of proceedings against third parties, including notice of claim$1,328$4,005$11,880
D10District Court filing fee$200
D11Process service fee$200
7.4Pleading in response to other party’s amended pleading (payable regardless of outcome except where formal or consented to)$531$1,068$2,970
D12District Court filing fee$75
8Judicial settlement conference:1A2B3C
8.1Preparation for judicial settlement conference$443$668$990
D13District Court scheduling fee$900
8.2Appearance at judicial settlement conferenceThe time occupied by the judicial settlement conference measured in quarter days
9Interlocutory proceedings and related steps:1A2B3C
9.1Notice to answer interrogatories$531$2,670$7,920
9.2Answer to interrogatories$531$2,670$7,920
9.3Notice to admit facts$531$1,335$3,960
9.4Admission of facts$531$1,335$3,960
9.5List of documents on discovery$885$2,670$15,840
9.6Production of documents for inspection$885$2,003$7,920
D14Copying/scanning/indexing/(digital) storage costs
9.7Inspection of documents$708$2,670$15,840
9.8Filing and serving memorandum in anticipation of judicial conference$354$668$2,970
9.9Appearance at judicial conference$531$801$1,188
9.10Preparing and filing interlocutory application (excluding summary judgment application) and supporting affidavits$443$1,068$3,960
D15District Court filing fee$250
9.11Preparing and filing opposition to interlocutory application (excluding summary judgment application) and supporting affidavits$443$1,068$3,960
D16District Court filing fee$90
9.12Preparing written submissions$885$2,670$7,920
9.13Preparation of bundle for hearing$443$1,068$3,960
D17Printing/binding costs
9.14Appearance at hearing of defended interlocutory application (excluding summary judgment application) for sole or principal counselAppearance in court measured in quarter days
D18District Court hearing fee for each half-day or part half-day after the first half-day$900
9.15Second and subsequent counsel if allowed by courtFifty percent of allowance for appearance for principal counsel
9.16Sealing order or judgment$354$534$792
D19District Court sealing fee$50
10Summary judgment application (additional to costs in items 1 to 5):1A2B3C
10.1Preparing and filing summary judgment application and supporting affidavits$443$1,068$5,940
D20District Court filing fee$250
10.2Preparing and filing opposition and supporting affidavits$443$1,068$5,940
D21District Court filing fee$90
10.3Preparing for hearing of defended summary judgment applicationThe time occupied by the hearing measured in quarter days
10.4Arguing defended summary judgment application for sole or principal counselAppearance in court measured in quarter days
D22District Court hearing fee for each half-day or part half-day after the first half-day$900
10.5Second and subsequent counsel if allowed by courtFifty percent of allowance for appearance for principal counsel
11Obtaining judgment without appearance (additional to costs in items 1 to 7):1A2B3C
11.1By default/admission$354$534$1,188
D23District Court filing and sealing fee$90
D24Process service fee$200
11.2By formal proof (including affidavit preparations)$531$801$1,584
D25District Court scheduling fee$900
D26District Court hearing fee for each half-day or part half-day after the first half-day$900
D27District Court sealing fee$50
D28Process service fee$200
 Short trial1A2B3C
12Preparation$885$1,335$1,980
D29District Court scheduling fee$900
13Appearance at hearing$1,770$4,005$5,940
D30District Court hearing fee for each half-day or part half-day after the first half-day$900
 Simplified trial1A2B3C
14Preparation$1,770$3,338$9,900
D31District Court scheduling fee$900
15Appearance at hearingTwice the time occupied by the hearing measured in half days
D32District Court hearing fee for each half-day or part half-day after the first half-day$900
 Full trial1A2B3C
16Preparation for hearing following setting down or direction for trial if trial does not eventuate:1A2B3C
16.1Plaintiff’s preparation of affidavits or written or oral statements of evidence to be used at hearing$2,213$6,008$13,860
16.2Plaintiff’s preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation$2,213$6,008$13,860
16.3Defendant’s preparation of affidavits or written or oral statements of evidence to be used at hearing$1,770$5,340$11,880
16.4Defendant’s preparation of lists of issues and authorities, selecting documents for common bundle of documents, and all other preparation$1,770$5,340$11,880
17Preparation:1A2B3C
17.1Where case proceeds to hearingTwice the time occupied by the hearing measured in half days
D33District Court scheduling fee$900
17.2Where case proceeds by formal proof$1,770$2,670$3,960
18Appearance at hearing:1A2B3C
18.1For sole or principal counselAppearance in court measured in half days
D34District Court hearing fee for each half-day or part half-day after the first half-day$900
18.2Second and subsequent counsel if allowed for by courtFifty percent of allowance for principal counsel
18.3Appearance for formal proofAppearance in court measured in quarter days
D35District Court hearing fee for each half-day or part half-day after the first half-day$900
 Enforcement and other steps1A2B3C
19Enforcement of judgment or order:$708$1,068$1,584
19.1Application for charging order$708$1,068$1,584
D36District Court filing fee$250
D37Process service fee$200
19.2Completion of financial statement under section 84A of Act$177$267$396
D38District Court filing fee$65
19.3Application for assessment of financial means under section 84C of Act$177$267$396
D39District Court filing fee$80
19.4Application for financial assessment hearing$177$267$396
D40District Court filing fee$130
D41District Court process service fee$50
19.5Each attendance at financial assessment hearing (if the judgment debtor attends)$177$267$396
19.6Application for arrest warrant if debtor fails to appear at financial assessment hearing or contempt of enforcement proceedings hearing$177$267$396
19.7Application for contempt of enforcement proceedings$354$534$792
D42District Court filing fee$200
D43District Court process service fee$50
19.8Each attendance at contempt of enforcement proceedings hearing (if the judgment debtor attends)$177$267$396
19.9Application for attachment order under section 84G(1)(c) of Act (excluding application to vary, discharge, or suspend attachment order and filing agreed attachment order in accordance with section 79(5C) of Act)$177$267$396
D44District Court filing fee$50
D45Process service fee$200
19.10Application to vary, discharge, or suspend attachment order$177$267$396
D46Process service fee$200
19.11Agreeing terms of attachment order and filing agreed attachment order in accordance with section 79(5C) of Act$89$134$198
19.12Application for warrant of enforcement: recovery of chattels/seizure of property/recovery of land$354$534$792
D47District Court filing fee$200
D48Process service fee$200
19.13Preparing and filing interlocutory application (excluding an application to vary, discharge, or suspend attachment order) and supporting affidavits$443$1,068$3,960
D49District Court filing fee$250
D50Process service fee$200
19.14Application for warrant of committal$354$534$792
D51District Court expenses
19.15Application for writ of arrest$354$534$792
D52District Court expenses
19.16Garnishee proceedings$708$1,068$1,584
D53District Court filing fee$250
D54Process service fee$200
19.17Third party claim proceedings (including service)$708$1,068$1,584
19.18Other enforcement process$708$1,068$1,584
20Other steps in the proceeding not specifically mentionedAs allowed by court
21Commencement of appeal (including assessing original decision, noting appealable points, and filing and serving notice of appeal and points of appeal)$354$1,335$7,920
D55District Court filing fee$200
D56Process service fee$200
22Commencement of response to appeal$354$534$1,980
23Case management (as for ordinary proceeding)$177$534$1,584
24Preparing of case on appeal$885$1,335$3,960
24APreparation of written submissions$885$4,005$11,880
25Appearance at hearing as principal counselThe time occupied by the hearing measured in quarter days
D57District Court hearing fee for each half-day or part half-day after the first half-day$900
26Second and subsequent counsel, if allowed by courtFifty percent of allowance for appearance by principal counsel

As with the High Court costs estimates set out above, costs schedules referred to on this page cannot be regarded as perfectly accurate. Sometimes steps take less time than indicated by the schedules and sometimes they take more time. Steps that are not accounted for by the schedules may need to be taken and, as shown above, estimates are not provided for every single step that is accounted for. Keep the variable factors affecting costs in mind. Those are as described at the beginning of this page. Reference to the costs schedules can, however, be useful to provide a general idea of the kinds of costs that could be involved in a court case.

Estimate for a ‘1A’ District Court short trial

With reference to the District Court costs schedule, a straightforward District Court claim that progresses to a short trial could cost a plaintiff $7,915. Of these, $6,026 would be recoverable if ‘1A’ costs and disbursements were awarded for the items described.

That is on the basis that the proceeding is straightforward, conducted by counsel considered junior, and involving a small amount of time for each step. So the proceeding would be regarded as a ‘category 1, band A’ proceeding.

The estimate assumes one case management conference, no interlocutory applications and a one day trial conducted by a single counsel.

The estimate accounts for the following steps and disbursements:1; D1; D2; 4; 9.8; 9.9; 12; D29; 13; D30 (1 day); 9.16; D19. Any costs to enforce judgment are not accounted for.

Estimate for a ‘2B’ District Court simplified trial

An average District Court claim that progresses to a simplified trial could cost a plaintiff $42,299. Of these, $29,516 would be recoverable if ‘2B’ costs and all disbursements were awarded except D14.

This estimate is made on the basis that the proceeding is average, conducted by counsel considered average, and involving a normal amount of time for each step. So the proceeding would be regarded as a ‘category 2, band B’ proceeding.

The estimate assumes two case management conferences, a one day judicial settlement conference, no interlocutory applications, document discovery costs of $500 and a two day trial. It accounts for the following steps and disbursements: 1; D1; D2; 4; 8.1; D13; 8.2 (1 day); 9.1; 9.3; 9.5; 9.6; D14 ($500); 9.7; 9.8 (x2); 9.9 (x2); 14; D31; 15 (2 day trial); D32; 9.16; D19. Any costs to enforce judgment are not accounted for.

Estimate for a ‘2B’ District Court full trial

An average District Court claim that progresses to a full trial could cost a plaintiff $73,931. Of these, $52,270 would be recoverable if ‘2B’ costs and all disbursements were awarded except D14.

The estimate is on the basis that the proceeding is average, conducted by counsel considered average, and involving a normal amount of time for each step. So the proceeding would be regarded as a ‘category 2, band B’ proceeding.

The estimate assumes two case management conferences, a one day judicial settlement conference, no interlocutory applications, document discovery costs of $700 and a five day trial. It accounts for the following steps and disbursements: 1; D1; D2; 4; 8.1; D13; 8.2 (1 day); 9.1; 9.3; 9.5; 9.6; D14 ($700); 9.7; 9.8 (x2); 9.9 (x2); 17.1 (5 day trial); D33; 18.1 (5 days); D34; 9.16; D19. Any costs to enforce judgment are not accounted for.

Estimate for a ‘2B’ District Court summary judgment

The estimated costs to complete a simplified or full trial provide incentive to settle or otherwise resolve claims early. Summary judgment can resolve appropriate cases without the full expense of a trial. For plaintiffs, an appropriate case for a summary judgment application is where the defendant has no defence to a claim. Where a defendant makes a summary judgment application it must show that the plaintiff cannot succeed with a claim. This is as provided by rule 12.2 of the District Court Rules 2014.

Summary judgment applications are typically advanced by plaintiffs either at the time they file a statement of claim, after they have received a response by the defendants or after discovery and inspection has occurred.

If a summary judgment application is advanced by a plaintiff at the time an average District Court claim is filed, then the costs to hear and determine that application could be $12,547. Of these, $8,898 would be recoverable if ‘2B’ costs and disbursements were awarded for the items described below.

The estimate is on the basis that the proceeding is of an average nature able, to be conducted by counsel considered average, and involving a normal amount of time for each step. So the proceeding would be regarded as a ‘category 2, band B’ proceeding.

The estimate assumes a one day hearing conducted by one counsel, and accounts for the following steps and disbursements: 1; D1; D2; 10.1; D20; 10.3 (1 day); 10.4 (1 day); D22; 9.16; D19. Any costs to enforce judgment are not accounted for.

Estimate for a ‘3C’ District Court full trial

With reference to the District Court costs schedule, a complex District Court claim that progresses to a full trial could cost a plaintiff $157,968. $108,162 of these costs would be recoverable if ‘2B’ costs and all disbursements except D14 were awarded.

The estimate is made on the basis that the proceeding is complex, conducted by counsel of special skill and involving a large amount of time for each step. So the proceeding would be regarded as a ‘category 3, band C’ proceeding.

The estimate assumes two case management conferences, a one day judicial settlement conference, no interlocutory applications, document discovery costs of $900 and a five day trial conducted by two counsel. It accounts for the following steps and disbursements: 1; D1; D2; 4; 8.1; D13; 8.2 (1 day); 9.1; 9.3; 9.5; 9.6; D14 ($900); 9.7; 9.8 (x2); 9.9 (x2); 17.1 (5 day trial); D33; 18.1 (5 days); D34; 9.16; D19. Any costs to enforce judgment are not accounted for.

Estimate for a ‘3C’ District Court summary judgment

The estimated costs to complete a full ‘3C’ trial provide incentive to settle or otherwise resolve claims early. Summary judgment can resolve appropriate cases without the full expense of a trial. For plaintiffs, an appropriate case for a summary judgment application is where the defendant has no defence to a claim. Where a defendant makes a summary judgment application it must show that the plaintiff cannot succeed with a claim. This is as provided by rule 12.2 of the District Court Rules 2016.

Summary judgment applications are typically advanced by plaintiffs either at the time they file a statement of claim, after they have received a response by the defendants or after discovery and inspection has occurred.

If a summary judgment application is advanced by a plaintiff at the time a complex District Court claim is filed, then the costs to hear and determine that application could be $28,132. Of these, $19,288 would be recoverable if ‘3C’ costs and disbursements were awarded for the items described below.

This estimate is made on the basis that the proceeding is complex, conducted by counsel of special skill, and involving a large amount of time for each step. So the proceeding would be regarded as a ‘category 3, band C’ proceeding.

The estimate assumes a one day hearing conducted by one counsel, and accounts for the following steps and disbursements: 1; D1; D2; 10.1; D20; 10.3 (1 day); 10.4 (1 day); D22; 9.16; D19. Any costs to enforce judgment are not accounted for.

Note: This content was originally published by CourtKeys.com in 2017. Disclaimer