Civil Litigation Costs - Martin Dillon - Estimated legal costs for Court Cases

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 It is now out of date.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

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
Action	Classification	Duration	Cost	Recoverable
Trial	Straightforward	2 days	35,018	25,078
Trial	Average	5 days	117,453	83,582
Trial	Complex	7 days	348,885	239,470
Summary	Straightforward	1 day	12,380	9,120
Summary	Average	1 day	25,081	17,500
Insolvency	Straightforward	–	3,566	2,974
Insolvency	Average	–	6,473	4,912
District Court
Action	Classification	Duration	Cost	Recoverable
Short Trial	Straightforward	1 day	7,915	6,026
Simplified Trial	Average	2 days	42,299	29,516
Full Trial	Average	5 days	73,931	52,270
Full Trial	Complex	5 days	157,968	108,162
Summary	Average	1 day	12,547	8,898
Summary	Complex	1 day	28,132	19,288

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)’.

Category	Rate (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
Step	Description	Estimate
	*Commencement*	1A	2B	3C
1	Commencement of proceeding by plaintiff	3,552	10,035	49,500
D1	High Court filing fee	1,350
D2	Process service fee	200
2	Commencement of defence by defendant	2,220	6,690	29,700
D3	High Court filing fee	110
	*Other pleadings and notices*	1A	2B	3C
3	Reply	444	2,676	11,880
4	Counterclaim	1,776	5,352	23,760
D4	High Court filing fee	1,350
5	Cross-notice between defendants	1,332	4,014	19,800
6	Third party notice and statement of claim	2,664	8,028	34,650
D5	High Court filing fee	1,460
D6	Process service fee	200
7	Notice of appearance	444	669	990
D7	High Court filing fee	110
D8	Process service	400
8	Notice of appearance with protest to jurisdiction	666	2,007	9,900
D9	High Court filing fee	110
9	Pleading in response to amended pleading	666	2,007	9,900
	*Case management*	1A	2B	3C
10	Preparation for first case management conference (including discussion about discovery)	444	1,338	4,950
11	Filing memorandum for first or subsequent case management conference or mentions hearing	444	1,338	4,950
12	Appearance at mentions hearing or callover	444	669	990
13	Appearance at first or subsequent case management conference	666	1,004	3,465
14	Preparation for and appearance at issues conference	–	1,673	4,950
15	Preparation for and appearance at pre-trial conference	–	1,673	4,950
	*Interrogatories, discovery and inspection*	1A	2B	3C
16	Notice to answer interrogatories	888	3,345	19,800
17	Answer to interrogatories	888	3,345	19,800
18	Notice to admit facts	888	2,676	11,880
19	Admissions of facts	888	2,676	11,880
20	List of documents on discovery	1,554	8,363	34,650
D10	Copying/scanning/indexing/(digital) storage costs	–
21	Inspection of documents	1,110	5,018	29,700
	*Interlocutory applications*	1A	2B	3C
22	Filing interlocutory application	666	2,007	9,900
D11	High Court filing fee	500
23	Filing opposition to interlocutory application	666	2,007	9,900
D12	High Court filing fee	110
24	Preparation of written submissions	1,110	5,018	14,850
25	Preparation by applicant of bundle for hearing	888	2,007	4,950
D13	Printing/binding costs	–
26	Appearance at hearing of defended application for sole or principal counsel	The time occupied by the hearing measured in quarter days
D14	High Court hearing fee for each half-day or part half-day after the first half-day	1,600
27	Second and subsequent counsel if allowed by court	50% of allowance for appearance for principal counsel
28	Obtaining judgment without appearance	666	1,004	2,475
29	Sealing order or judgment	444	669	990
D15	High Court sealing fee	50
	*Trial preparation and appearance*	1A	2B	3C
30	Plaintiff’s or defendant’s preparation of briefs or affidavits	3,330	8,363	24,750
31	Plaintiff’s preparation of list of issues, authorities, and common bundle	3,330	8,363	24,750
D16	Printing/binding costs	–
32	Defendant’s preparation of list of issues, authorities, and common bundle	2,220	6,690	19,800
D17	Printing/binding costs	–
33	Preparation for hearing	4,440	10,035	24,750
D18	High Court scheduling fee	1,600
34	Appearance at hearing for sole or principal counsel	The time occupied by the hearing measured in quarter days
D19	High Court hearing fee for each half-day or part half-day after the first half-day	1,600
35	Second and subsequent counsel if allowed by court	50% of allowance for appearance for principal counsel
36	Other steps in proceeding not specifically mentioned	As allowed by the court
D20	High Court fee for judicial settlement conference	640
	*Originating applications*	1A	2B	3C
37	Filing application and supporting affidavits	2,220	6,690	29,700
D21	High Court filing fee	540
D22	Process service fee	200
38	Filing notice of opposition and supporting affidavits	2,220	6,690	29,700
D23	High Court filing fee	110
39	Case management (as for ordinary proceeding)	–
40	Preparation of written submissions	1,110	5,018	14,850
D24	High Court scheduling fee	640
41	Preparation by applicant of bundle for hearing	888	2,007	4,950
D25	Printing/binding costs	–
42	Appearance at hearing for sole or principal counsel	The time occupied by the hearing measured in quarter days
D26	High Court hearing fee for each half-day or part half-day after the first half-day	640
43	Second and subsequent counsel if allowed by court	50% of allowance for appearance for principal counsel
	*Bankruptcy proceedings*	1A	2B	3C
44	Filing and serving bankruptcy notice	222	669	2,970
D27	High Court filing fee	200
D28	Process service fee	200
45	Filing application for adjudication by creditor	666	2,007	8,910
D29	High Court filing fee	500
D30	High Court scheduling fee	640
D31	Process service	200
46	Appearance at hearing	444	1,338	5,940
47	Supporting party on bankruptcy	444	1,338	5,940
D32	High Court fee for sealing order for bankruptcy	50
	*Company liquidation proceedings*	1A	2B	3C
48	Issuing statutory demand	222	669	2,970
D33	Process service fee	200
49	Filing statement of claim and other documents	666	2,007	8,910
D34	High Court filing fee	540
D35	Process service fee	200
D36	Advertising fees	800
50	Appearance at hearing	444	1,338	5,940
51	Supporting party on liquidation	444	1,338	5,940
D37	High Court sealing fee	50
	*Appeals*	1A	2B	3C
52	Commencement of appeal or cross-appeal	1,110	3,345	14,850
D38	High Court filing fee	540
53	Commencement of response to appeal or cross-appeal	666	1,673	4,950
D39	High Court filing fee	110
54	Case management (as for ordinary proceeding)	Refer above
55	Preparation of Case on Appeal	1,110	3,345	9,900
D40	High Court scheduling fee	1,600
56	Preparation of written submissions	2,220	10,035	29,700
57	Appearance at hearing for sole or principal counsel	The time occupied by the hearing measured in quarter days
D41	High Court hearing fee for each half-day or part half-day after the first half-day	1,600
58	Second and subsequent counsel if allowed by court	50% of allowance for appearance for principal counsel
	*Australian judgment proceedings*	1A	2B	3C
58A	Preparing and filing an application under section 56 of the Trans-Tasman Proceedings Act 2010 to register in the court an Australian judgment	666	1,004	1,485
D42	High Court filing fee	100
D43	Process service fee	200
	*Enforcement of judgment or order*	1A	2B	3C
59	Charging order without application	666	1,004	4,950
D44	High Court issuing fee	200
D45	Process service	200
60	Charging order with application, including any unopposed order	1,110	1,673	6,930
D46	High Court issuing fee	200
D47	Process service	200
61	Sale order, including sale of seized property	1,110	1,673	3,465
D48	High Court issuing fee	1,500
D49	High Court sale fee	500
D50	Process service fee	200
D51	Advertising fee	600
62	Other enforcement process	1,110	1,673	3,465

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.

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.

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)’.

Category	Rate (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

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
Step	Description	Estimate
	*Commencement*	1A	2B	3C
1	Preparing 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
D1	District Court filing fee	$200
D2	Process service fee	$200
2	Response 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
D3	District Court filing fee	$75
3	Preparing and serving information capsule by plaintiff and defendant	$1,770	$5,340	$11,880
4	Filing 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
5	Preparing, filing, and serving originating application	$1,770	$5,340	$15,840
D4	District Court filing fee	$200
D5	Process service fee	$200
6	Preparing and serving notice of opposition	$1,770	$4,005	$11,880
7	*Other pleadings and notices:*	1A	2B	3C
7.1	Counterclaim	$885	$1,335	$3,960
D6	District Court filing fee	$200
D7	Process service fee	$200
7.2	Claims between defendants	$885	$2,670	$7,920
D8	District Court filing fee	$200
D9	Process service fee	$200
7.3	Commencement of proceedings against third parties, including notice of claim	$1,328	$4,005	$11,880
D10	District Court filing fee	$200
D11	Process service fee	$200
7.4	Pleading in response to other party’s amended pleading (payable regardless of outcome except where formal or consented to)	$531	$1,068	$2,970
D12	District Court filing fee	$75
8	*Judicial settlement conference:*	1A	2B	3C
8.1	Preparation for judicial settlement conference	$443	$668	$990
D13	District Court scheduling fee	$900
8.2	Appearance at judicial settlement conference	The time occupied by the judicial settlement conference measured in quarter days
9	*Interlocutory proceedings and related steps:*	1A	2B	3C
9.1	Notice to answer interrogatories	$531	$2,670	$7,920
9.2	Answer to interrogatories	$531	$2,670	$7,920
9.3	Notice to admit facts	$531	$1,335	$3,960
9.4	Admission of facts	$531	$1,335	$3,960
9.5	List of documents on discovery	$885	$2,670	$15,840
9.6	Production of documents for inspection	$885	$2,003	$7,920
D14	Copying/scanning/indexing/(digital) storage costs	–
9.7	Inspection of documents	$708	$2,670	$15,840
9.8	Filing and serving memorandum in anticipation of judicial conference	$354	$668	$2,970
9.9	Appearance at judicial conference	$531	$801	$1,188
9.10	Preparing and filing interlocutory application (excluding summary judgment application) and supporting affidavits	$443	$1,068	$3,960
D15	District Court filing fee	$250
9.11	Preparing and filing opposition to interlocutory application (excluding summary judgment application) and supporting affidavits	$443	$1,068	$3,960
D16	District Court filing fee	$90
9.12	Preparing written submissions	$885	$2,670	$7,920
9.13	Preparation of bundle for hearing	$443	$1,068	$3,960
D17	Printing/binding costs	–
9.14	Appearance at hearing of defended interlocutory application (excluding summary judgment application) for sole or principal counsel	Appearance in court measured in quarter days
D18	District Court hearing fee for each half-day or part half-day after the first half-day	$900
9.15	Second and subsequent counsel if allowed by court	Fifty percent of allowance for appearance for principal counsel
9.16	Sealing order or judgment	$354	$534	$792
D19	District Court sealing fee	$50
10	*Summary judgment application (additional to costs in items 1 to 5):*	1A	2B	3C
10.1	Preparing and filing summary judgment application and supporting affidavits	$443	$1,068	$5,940
D20	District Court filing fee	$250
10.2	Preparing and filing opposition and supporting affidavits	$443	$1,068	$5,940
D21	District Court filing fee	$90
10.3	Preparing for hearing of defended summary judgment application	The time occupied by the hearing measured in quarter days
10.4	Arguing defended summary judgment application for sole or principal counsel	Appearance in court measured in quarter days
D22	District Court hearing fee for each half-day or part half-day after the first half-day	$900
10.5	Second and subsequent counsel if allowed by court	Fifty percent of allowance for appearance for principal counsel
11	*Obtaining judgment without appearance (additional to costs in items 1 to 7):*	1A	2B	3C
11.1	By default/admission	$354	$534	$1,188
D23	District Court filing and sealing fee	$90
D24	Process service fee	$200
11.2	By formal proof (including affidavit preparations)	$531	$801	$1,584
D25	District Court scheduling fee	$900
D26	District Court hearing fee for each half-day or part half-day after the first half-day	$900
D27	District Court sealing fee	$50
D28	Process service fee	$200
	*Short trial*	1A	2B	3C
12	Preparation	$885	$1,335	$1,980
D29	District Court scheduling fee	$900
13	Appearance at hearing	$1,770	$4,005	$5,940
D30	District Court hearing fee for each half-day or part half-day after the first half-day	$900
	*Simplified trial*	1A	2B	3C
14	Preparation	$1,770	$3,338	$9,900
D31	District Court scheduling fee	$900
15	Appearance at hearing	Twice the time occupied by the hearing measured in half days
D32	District Court hearing fee for each half-day or part half-day after the first half-day	$900
	*Full trial*	1A	2B	3C
16	*Preparation for hearing following setting down or direction for trial if trial does not eventuate:*	1A	2B	3C
16.1	Plaintiff’s preparation of affidavits or written or oral statements of evidence to be used at hearing	$2,213	$6,008	$13,860
16.2	Plaintiff’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
16.3	Defendant’s preparation of affidavits or written or oral statements of evidence to be used at hearing	$1,770	$5,340	$11,880
16.4	Defendant’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
17	*Preparation:*	1A	2B	3C
17.1	Where case proceeds to hearing	Twice the time occupied by the hearing measured in half days
D33	District Court scheduling fee	$900
17.2	Where case proceeds by formal proof	$1,770	$2,670	$3,960
18	*Appearance at hearing:*	1A	2B	3C
18.1	For sole or principal counsel	Appearance in court measured in half days
D34	District Court hearing fee for each half-day or part half-day after the first half-day	$900
18.2	Second and subsequent counsel if allowed for by court	Fifty percent of allowance for principal counsel
18.3	Appearance for formal proof	Appearance in court measured in quarter days
D35	District Court hearing fee for each half-day or part half-day after the first half-day	$900
	*Enforcement and other steps*	1A	2B	3C
19	Enforcement of judgment or order:	$708	$1,068	$1,584
19.1	Application for charging order	$708	$1,068	$1,584
D36	District Court filing fee	$250
D37	Process service fee	$200
19.2	Completion of financial statement under section 84A of Act	$177	$267	$396
D38	District Court filing fee	$65
19.3	Application for assessment of financial means under section 84C of Act	$177	$267	$396
D39	District Court filing fee	$80
19.4	Application for financial assessment hearing	$177	$267	$396
D40	District Court filing fee	$130
D41	District Court process service fee	$50
19.5	Each attendance at financial assessment hearing (if the judgment debtor attends)	$177	$267	$396
19.6	Application for arrest warrant if debtor fails to appear at financial assessment hearing or contempt of enforcement proceedings hearing	$177	$267	$396
19.7	Application for contempt of enforcement proceedings	$354	$534	$792
D42	District Court filing fee	$200
D43	District Court process service fee	$50
19.8	Each attendance at contempt of enforcement proceedings hearing (if the judgment debtor attends)	$177	$267	$396
19.9	Application 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
D44	District Court filing fee	$50
D45	Process service fee	$200
19.10	Application to vary, discharge, or suspend attachment order	$177	$267	$396
D46	Process service fee	$200
19.11	Agreeing terms of attachment order and filing agreed attachment order in accordance with section 79(5C) of Act	$89	$134	$198
19.12	Application for warrant of enforcement: recovery of chattels/seizure of property/recovery of land	$354	$534	$792
D47	District Court filing fee	$200
D48	Process service fee	$200
19.13	Preparing and filing interlocutory application (excluding an application to vary, discharge, or suspend attachment order) and supporting affidavits	$443	$1,068	$3,960
D49	District Court filing fee	$250
D50	Process service fee	$200
19.14	Application for warrant of committal	$354	$534	$792
D51	District Court expenses	–
19.15	Application for writ of arrest	$354	$534	$792
D52	District Court expenses	–
19.16	Garnishee proceedings	$708	$1,068	$1,584
D53	District Court filing fee	$250
D54	Process service fee	$200
19.17	Third party claim proceedings (including service)	$708	$1,068	$1,584
19.18	Other enforcement process	$708	$1,068	$1,584
20	Other steps in the proceeding not specifically mentioned	As allowed by court
21	Commencement 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
D55	District Court filing fee	$200
D56	Process service fee	$200
22	Commencement of response to appeal	$354	$534	$1,980
23	Case management (as for ordinary proceeding)	$177	$534	$1,584
24	Preparing of case on appeal	$885	$1,335	$3,960
24A	Preparation of written submissions	$885	$4,005	$11,880
25	Appearance at hearing as principal counsel	The time occupied by the hearing measured in quarter days
D57	District Court hearing fee for each half-day or part half-day after the first half-day	$900
26	Second and subsequent counsel, if allowed by court	Fifty 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.

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.

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.

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

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