Warning
“Queensland Statute Reprints”
QUT Digital Collections
This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).
This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.
©State of Queensland
QUEENSLAND
31 Vic. No. 28
[Reprinted as at 1 March, 19811
As amended by
An Act to Consolidate and Amend the Laws relating to Costs at Common Law and to Taxation in General
[Assented to 28 December 18671 IT ENACTED by the ueen’s Most Excellent Majesty, by and with e advice and consent of th Legishtive Council and Legislative Assembly ueensland in Parliament assembled, and by the authority af the same, as follows:-
Preamble repealed by Act of 1908, 8 Edw. 7, No. 18, s. 2 .
COSTS AGAINST EXECUTORS
Qf ions
testator or intestate such executors or administrators (unless tlhe court or a judge shall otherwise order) shall be liable !to pay costs to the defendant in case of being nonsuited or a verdict passing against them and in all other cases in which they would be liable to costs if suing upon a cause of action accruing to themselves in their own right and the defendant shall have judgment for such costs accordingly.
Repealed by Act of 1908, 8 E h . 7, No. 18, s. 2.
211. (Repealed).
Repealed by the Criminal Code Aot, 1899, s. 3.
ATTORNEY’S BILLS OF COSTS
s. 3’7. No attorney nor any executor administrator or assignee ‘of any attorney or the trustee of his estate shall commence or maintain any action or suit for the recovery of any fees charges or disbursements for any business done by such attorney until the expiration of one month after such attorney or executor administrator or assignee of such attorney shall have delivered unto the party to be charged therewith o r sent by the post to or left
foT him at (his counting-house office of business dwelling-house or last known place of abode a bill of such fees charges and disbursements and which bill shall be subscribed by such attorney in his proper handwriting
2 ss. 23,24 COSTS ACT O F 1867
(or in the case of partnership by any of the partners either with his own name or with the name and style of such partnership) o r by the executor administrator or assignee of such attorney or the trustee of his estate.
23. ~v~~~~~~ of ~ e of bill. 6 ~ & ~7 Vie. vc. 73 s. ~ 37. It shall not ~ in any case be necessary in the first instance for such attorney o r the executor administrator or assignee of such attorney or trustee of his estate in proving a compliance with this Act to prove the contents of the bill he may have delivered sent or left but it shall be suffcient 'to prove that a bill of fees charges or disbursements subscribed in the manner aforesaid was delivered sent o r left in manner aforesaid
but nevertheless it shall be competent for the other party t o show that the bill so delivered sent or left was not such a bill as constituted a bona fide compliance with this Act
O ~ Y . Providcd always that it shall be lawful for any judge ~f (the Supreme Court to authorize an attorney to commence an action or suit for the recovery of his fees charges or disbursements against the party chargeable therewith although one month shall not have expired from the delivery of a bill as aforesaid on proof to the satisfaction of (the said judge that there is probable cause for believing that such party is about to quit the colony.
T k A T I O N OF COSTS
ont
the application of (the party chargeable by such bill within sucih month an appointment for taxation of the same may be obtained as of course and without order of a judge
from the master in equity in case the whole of the business contained in such bill shall have been transacted in the Supreme Court in its equitable jurisdiction or in any matter of lunacy or shall relate to conveyancing business
from the judge in insolvency in case of the whole of such business contained in such bill shall have been transacted in the Supreme Court in its insolvency jurisdiction and from the prothonotary of the Supreme Court in every other case
including criminal business and though the business o r part of the business contained in such bill shall not have been transacted in the Supreme Court
and thereupon such bill and the demand of such attorney executor administrator trustee or assignee shall be taxed and settled by such officer without any money being brought into court
and the Supreme Court or a judge thereof shall restrain such attorney o r executor administrator or assignee of such attorney or the trustee of his estate from commencing any action or suit touchiiig such demand pending such 'taxation and the costs of such taxation shall as hereinafter provided be paid according to the event of such taxation.
COSTS ACT O F 1867 ss. 25, 26 3
25. Taxation after o w 7 Vic. cc. 73 s. 37. In case no such application as afores made within such month as aforesaid then it shall be lawful for the Supreme Court or a judge thereof either upon the application of the attorney or the executor administrator or assignee of the attorney or the trustee of his estate whose bill may have been so delivered sent o r left as aforesaid or upon the application of the party chargeable by such bjll with such directions and subjeot 20 such conditions as the court o r judge making such rcference shall think proper t o refer such bill and the demand of such attorney or executor administrator or assignee of such attorney o r the trustee of his estate thereupon ,to be settled and taxed by such officer of the court as aforesaid and in case any such reference as aforesaid shaIl be made on the application of $he party chargeable by such bill then without any money being brought into the court
and such court or judge may restrain such attorney or the executor administrator or assignee of such attorney or the trustee of his estate from commencing or prosecuting any action o r suit touching such demand pending such reference upon such terms as shall be thought fit.
axation rafter twelve ~ ~ Provided always that no such t ~ s ~ reference as aforesaid shall be directed upon an applicatisn made by the party chargeable with such bill after a verdict shall have been o'btained judgment signed o r a writ of inquiry executed in any action for the recovery of the demand of such attorney or executor adminis- trator or assignee of such attorney or the trustee of his estate o r after the expiration of twelve rnonbbs after such bill shall have been delivered sent or left as aforesaid except under special circumstances to be proved to the satisfaction of the Supreme Court or a judge thereof to whom the application for such reference shaIl be made.
COSTS OF TAXATION
a y ~ e ~ t of costs of 8 Isr 7 Vic. c. 73 s.
every such appointment or reference if either the attorney or executor administrator or assignee of the at'torney or (trustee of his estate whose bill shall have been delivered sent or left or the party chargeable with such bill having due notice shall refuse or neglect t o attend such taxation the officer to whom such appointment or reference shall be made may proceed to tax and settle such bill and demand ex parte
and in case any appointment or reference as aforesaid shall be obtained or made upon the application of the party chargeable with such bill or upon the application of such attorney o r the executor adminis- trator or assignee of such attorney or trustee of his estate and the party chargeable with suclh bill shall attend upon such taxation the costs of such appointment o r reference shall except as hereinafter provided for be paid for according to the event .of such taxation that is to say
if such bill when taxed be less by a sixth part than the bill delivered sent or left then such attorney or executor adminis- trator or assignee of such attorney or trustee of his estate shall pay such costs and
4 ss. 27,28 COSTS AaCT OF 1867
if such bill when taxed shall not be less by a sixth part (than the bill delivered sent or left then the party chargeable with such bill making such application or so attending shall pay such costs
and every order to be made for obtaining such appointment or such reference as aforesaid shall direct the officer to whom such rekrence shall be made to tax such costs of such appointment o r reference to be so paid as aforesaid and to certify what upon such taxation shall be found to be due to or from such attorney or executor administrator or assignee of such attorney or trustee of his estate in respect of such bill o r dcniand and of the costs of such appointment or reference (if payable)
Provided always that such ofPicer shall in all cases be at liberty to certify specially any circumstances relating to such bill or taxation and the court or judge shall in all cases be at liberty to make thereupon such order as such court o r judge may think right respecting the payment of the costs of such taxation
rovided also that where such reference as aforesaid shall be rnadc as hereinbefore provided then the said court or judge shall be at liberty if it shall be thought fit qto give any special directions relative to the costs oE such reference
er of ive
provided further that it shall be lawful for the said court or judge in any case to make such order for the delivery by any attorney or the executor administrator or assignee of any attorney or trustee of his estate oii such bill as aforesaid and for the delivery up of deeds documents or papers in his custody possession or power or otherwise touching the same in the same manner as has heretofore been done as regards such attorney by such court or judge where any such business had been transacted in Ithe court.
MODE AND CONSEQUENCES OF TAXATION
In taxing any bill for preparing or drawing any dead contract case or other document it shall be lawful for the taxing officer and h e is hereby required in estimating the proper sum to be charged for such transaction to consider the skill ail$ labour properly employed and the expense and responsibility incurred in the preparation thereof.
in which such bill shall have been referred to be taxed and settled by the prothonotary of the Suprome Court such officer shall be at liberty to request the master In equity to assist him in taxing and settling any bill or any part of such bill
and such officer so requested shall therespon proceed to ,tax and settle the same and shall have the same powers in respect thereof as upon a reference to him and shall return the same with his opinion thereon to the prothonotary.
COSTS ACT OF 1867 SS. 29-31 5
of ~ ~ ~for taxing. ~ i 6 e 7 vie. ~ c. ~ 73 js. 43. ~ All ~ such bill as aforesaid to be taxed and settled and for the delivery of such bill and for the delivery up of deeds documents and papers shall be made in the matter of such
cere and upon the taxation or re-taxation and settlement of any such bill the certificate of the officer by whom such bill shall have been taxed shall (unless set aside or altered by order decree o r rule of court) be final and conclusive as to the amount thereof
ade under this Act to refer a
and payment of the amount certified ,to be due and directed ‘to be paid may be enforced according to the course and practice of the Supreme Court
~ y and it shall be lawful for such court or ~ e ~ ~ ~ a judge thereof to order judgment to be entered up for such amount with costs unless Ithe retainer shall be disputed o r to make such other order thereon as suoh judge shall deem proper.
TAXATION ON BEHALF OF THIRD PARTIES
0. Tbir ‘9 Vi@. cc, 73 s,
Vdhcre any person not the party chargeable with any such bill within the meaning of the provisions hereinbefoire contained shall be liable to pay o r shall have paid such bill either ‘to the attorney his executor administrator or assignee or the trustee of his estate or to the party chargeable with such bill as aforesaid
it shall be lawful for such person his executor administrator or assignee or the trustee of his estate to make such application for a reference for the taxation and settlement of such bill as the party chargeable therewith might himself make
and the same reference and order shall be made thereupon and the same course pursued in d l respects as if such application was made by the panty so chargeable with such bill as aforesaid
Provided always that in case such application is made when under the provision herein contained a refereme is not authorized t o be made except under special circumstances it shall be lawful for the court o r judge (to whom such application shall be made to take into consideration any additional special circumstances applicable to the person making suah application allthough such circumstances might not be applicable to the party SQ chargeable with the said bill as aforesaid if he was the party making the application.
As amended by Act olf 1903, 3 Edw. 7, No. 10, s. 10.
assignee executor or adrninistratolr has become chargeable with any such bill as aforesaid for a judge of the Supreme Court if in his discretion he shall think fit upon Ithe application of a party interested in the property out of which such trustee assignee executor or administrator may have k e n paid o r
t x
entitled to pay such bill to refer the same and such attorney’s or exwutor’s administrator’s or assignee’s demandor the demand of the trustee of his estate thereupon to be taxed and settled by the proper officer aforesaid with such directions and subject to such conditions as such judge shall think fit for the payment of what may be found due and of the costs of suah reference to or by such attorney or the executor administrator o r assignee of such attornley or the trustee of his estate by or to the party making the application having regard to the provisions herein contained relative to applications for the like purpose by the party chargeable with such bill so far as the same shall be applicable to such cases
and in exercising such discretion as aforesaid the said judge may take into consideration the extent and nature Q € the interest of the party making such application
ed always that where any money shall be so directed to be paid by such attorney or the executor a ~ m i ~ ~ s t r a ~ o r or as
attorney or the trustee of his estate it shall be lawful for shall think fit io order the same or any part thereof t o
executor or administrator so chargeablc with such bill paid to the party m a ~ ~ n ~ such application
and when the party making such a p ~ ~shall pay any money to ~ ~ a ~ ~ o ~ such attorney or executor administrator or assignee of such attorney o r the, trustee of his estate in respect of such bill In@ shall have the same right to be paid by such trustee assignee cxccntor or a d ~ ~ f l ~ ~ ~ r a t o r so chargeable with such bill as such attorney or executor a d ~ ~ ~ ~ s ~ x a t o r or assignee of such attorney or the (trustee of his estate had.
or e of any such refere
he party ~ h ~ ~ r ~ e ~ b l e
on the a ~ ~ ~of ithe c person a ~ ~ ~ ~ the meaning of the provisions of
aforesaid or of a party interested as aforesaid it shall be ourt ox a judge thereof to order any such attorney or the executor a d ~ ~ ~ i s ~ ~ ~ t o ~ or assignee of any such attorney or the trustee of his estate to deliver to the party making such application a copy of such bill upon payment of the costs of such copy.
LIMITATION
vis. c.
payment of any such bill as aforesaid shall in DO case preclude the court or judge from referring such bill for taxatjon if the special circum- stances of the case shall in the opinion of such court or judge appear to require the same upon such terms and conditions and subject to such directions as to such court o r judge shall seem right
Provided always that the application for such reference be niade within twelve calendar rnonahs after payment.
RETAXATION
~~~~~* e No bill which shall have
been previously taxed and settled either under an appointment or order of reference shall be again referred unless under special circumstances the court or judge to whom such application is made shall think fit to direct a retaxation
COSTS ACT OF 1867 ss. 3537 7
ion. Provided nevertheless that where a bill taxed an order for review of the taxation may made aEter rule or surnmsns to show cause by the Supreme CQUI? 01 a judge thereof and it shall be lawful for such court OF judge in case they
01" he shall think fit thereupon #to direct Ibhe proper QEGF aforesaid to review and correct such taxation instanter
application shall be in all cases in the discre(tion of the court or judge and on an order for a review of taxation it may be made part of Ithe order that the registrar do OK may e x ~ witnesses viva ~ ~ n ~ voce touching any m;atier in question.
Repealed by the Criminal Code Act 1899, s. 3.
rad for fixing the costs to be allowed for and in respect of the matters lierein contained and the p@rformance thereof and for apportio g the Costs Qf issues and also for altcring the ~~~~~~~ of days by this t ~~~~~e~~ for the return of any writ or for the doing of ~ r ~by I ~ tAct ~prescribed or ~ ~ i authorizcd ~ to be done arid. substituting other day$ for the sanae as in ihcir jemcigrnerit shall be necessary or proper
sts. and if they shall see fit so to do to cstabtisli scpa I actjons havi regard severally to the amount sued for or the value of the rnaiter SO t to be TecQVered.
Provided that nothing herein contained shall bc construcd to restrain the authority or limit the jurisdicition of the said court or the judges thereof to makc rulcs or orders or otherwise to regulate and dispose of the business therein.
C O M M E N C E M E N T A N D SHORT wrm
le. This Act shall comnience
011 the thirty-first day of December one thousand eight hundred and sixty- seven and may be referred to as the Costs Act of 3867.
TO
_ _ . .. _ _ _ _ _ ._--__ _
1
~ .................1
PageA
I
costs, liable for, when suing i n right of intestate . . . . s. 1 . . . , ~ 1 taxation of' costs against . . . 31 . . . . . . i
,4diiiinktrdtors-
5 Application-
taxing, for . . . ss. 24, 25, 29 third parties, by . . . 30, 31 Assignees, tiixation of' costs against . . . s. 31 ..
I
~ 2, 3, 5 5
i
5I
Attorney- I
action for costs brought before proper time i n certain cases 2 3 . . . . . . I
action lor costs not to commence pcnding taxation . . . . 24 . . . . . . /
bill of costs, niuy be ordered to deliver to third party 3 2 . . . .
" 1 bill of costs, to deliver one month before action to recover . .
hill on deeds, may be ordered t o deliver u p . . . 2 6 . . . . . .
I
1 3 interested !
. . . . 12.
R
2 2 6
..
Bill of costs-
attorney to deliver, one inontli beforc action to recover . . '2 . . . ~ 1
. . . 23 . . . . . . / 2 2 , .: delivery of, evidence 0 1
taxation of . . . ss. 2 4 , 2 5 . . . . ~
third parties, against . . . 30-33 . . ; . ! 5, 6
I i
e
Commenceincnt of Act . . . i 37 . . . 7
Deeds may be ordered to be delivcrcd u p to attorney . . . . 26 . . . ; 3 Delivery-
bills of. to third parties interested . . .
bill or deeds, of' by attorney pending taxation . . .. 3 ?,
. . 26 . . 1
. . I
5 3
E
E\idence of deliver) 01' bill of costs . . . 2 3 . . . . . . / 2 Executors--
liable for costs, when suing i n right of testator
taxation of costs against . . . . . 3 1 1
.. i
. . , 5 1 L
Limitation for application for taxation aftcr. payment . . . . 33 . . . . . . i !
I I
6
Payment of costs, taxation for special reasons after . . . . 33 . . . I
Prothonotary may require assistance of Master in Equity for . . .
taxation
Registrar, o n orders to review taxation, may examine witnesses 34 . .
Re-taxation and review of taxation when ordered . . . 34 . ,
Rules may be made by judges . . . 36 . . . . . .
6 4
6 6
I
10 INDEX
_. ~ -. .... . . . . . .
s
Scale of costs. judge may establish . . . s. 36 . . . 1 7
Short titles . . .
Skill and responsibility h h e n considcred in t a x i n g costs . . . .
T
‘Taxation-
. . .
costs of 26 . . .
mode and consequences ol’ . . . SS. 27-29 . . . .
of costs 24.25 . . . .
payment, after . . . . . . . . . . . . . . 5 , ;3 . . .
review of, and re-taxation . . . 3 4 . . . . . .
third parties, on bchalf . . . . . . . . . . . . SS. 30-32 . . . .
. . . . . . . . . . . . . . . .
7 4
3 4, 5 2, 3 6 6 5 , 6 I
5
Tr ti:, tees-.
taxaticn of‘costs asainst . . . s. 31 . . .
‘
6
~
Witnesses, examination of, on order to rcview taxatioii . . , , 34 . . . .
. . I
. . . ... ._ ...
. _ -
4989-By Authority: S . R, HAMPSON, Government Ptinter, Queensland-1981
