Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 62.33

Absence of counsel
33. (1) Where counsel is briefed to appear on a trial or hearing and costs are
taxed on a party and party basis, counsel's fee on the brief shall not be
allowed unless-

   (a)  he is present at the trial or hearing for a substantial amount of the
        relevant period;

   (b)  he gives substantial assistance during the relevant period in the
        conduct of the proceedings; or

   (c)  the Court otherwise orders.

(2) In sub-rule (1) " relevant period " means the period of the trial or
hearing or if the trial or hearing lasts more than 4 1/2 hours, the first 4
1/2 hours.



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