Legal Practice Act 2003

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008

 

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008

Contents

Part 1 — Preliminary

1.Citation1

Part 2 — Notice and inquiries

2.Notice under section 213 of the Act1

3.Inquiries and submissions under section 213 of the Act1

Part 3 — Report of Committee’s conclusions

4.Maximum hourly and daily rates charged—scale of costs amended2

5.2

Schedule

1.Citation3

2.Commencement3

3.Scale of costs3

4.Maximum Hourly and Daily Rates4

Notes

Compilation table7

 

Legal Practice Act 2003

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008

Part 1 — Preliminary

1.Citation

(1)This Report may be cited as the Legal Practitioners (District Court Appeals) (Contentious Business) Report 2008.

(2)The Determination set out in the Schedule to this Report is referred to in this Report as the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008.

Part 2 — Notice and inquiries

2.Notice under section 213 of the Act

The Legal Costs Committee has complied with the notice provisions of section 213 of the Act.

3.Inquiries and submissions under section 213 of the Act

Before making the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008, the Legal Costs Committee—

(a)reviewed all submissions received as a result of the notice given under section 213 of the Act; and

(b)reviewed the impact of movements in the Consumer Price and Labour Price Indices for the financial year ending June 2007, and for the September 2007, December 2007 and March 2008 quarters.

Part 3 — Report of Committee’s conclusions

4.Maximum hourly and daily rates charged—scale of costs amended

The information gained as a result of the inquiries and submissions described in clause 3 satisfied the Legal Costs Committee that the manner in which legal services are provided made it appropriate to continue to adopt the hourly and daily rates charged by practitioners as the basis for rates used in the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008. There were no other appropriate methodologies put to the Committee as an alternative to hourly and daily rates.

5.

(1)As a result of the information gained from the inquiries and submissions described in clause 3 it is the recommendation of the Legal Costs Committee that the scale of costs as set out in the Table to clause 3 of the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008 be adopted for appeals in the District Court.

(2)The recommendation of the Legal Costs Committee is not intended to override the entitlement of a practitioner to make a written agreement as to costs with a client under the Legal Practice Act 2003 or any successor legislation.

 

Schedule

Legal Practice Act 2003

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008

Made by the Legal Costs Committee under section 210 of the Act.

1.Citation

This Determination may be cited as the Legal Practitioners District Court Appeals (Contentious Business) Determination 2008.

2.Commencement

This Determination comes into operation on 1 July 2008.

3.Scale of costs

Subject to the provisions of the Legal Practice Act 2003 or any successor legislation permitting a legal practitioner to make a written agreement as to costs with a client, the costs of or in relation to a party to an appeal to the District Court (inclusive of GST and counsel fees, but exclusive of other disbursements)—

(a)recoverable by one party from another party; or

(b)payable by a party to that party’s own legal practitioner,

shall not exceed the amount set out in the Table to this clause.

Table

Fee Earner

Maximum allowable hourly and daily rates

Senior Practitioner (admitted for more than 5 years)

(SP)ahourly rate

 

$396

Junior Practitioner (admitted for less than 5 years)

(JP)ahourly rate

 

$275

Clerk/Paralegal (C/PL)hourly rate

$198

Counsel fees charged as a disbursement to practitioners or charged by in‑house counsel—

 

Counsel (C)*hourly rate

daily rate

$319

$3,190

Senior Counsel (SC)†hourly rate

daily rate

$561

$5,610

aThe reference to Junior Practitioner or to Senior Practitioner in this Determination includes all legal practitioners even if the services were rendered in another State or Territory. Where a local practitioner has held an interstate practice certificate, the length of admission in that other jurisdiction is to be counted in assessing that practitioner’s years of admission for the purposes of this Determination.

*The reference to Counsel in this Determination means a practitioner acting as a barrister other than as Senior Counsel.

†The reference to Senior Counsel in this Determination includes reference to Queens Counsel or Senior Counsel appointed in Western Australia, or appointed in any State or Territory in Australia and whose appointment is afforded recognition by the Chief Justice of the Supreme Court of Western Australia.

4.Maximum Hourly and Daily Rates

(1)The hourly and daily rates set out in the Table to clause 3 are the maximum hourly and daily rates, inclusive of GST, which the Legal Costs Committee determines shall be used to calculate the dollar amounts in the scale of costs set out in the Table to clause 3.

(2)The Legal Costs Committee is aware that in the past, under a previous scale, some appeals conducted in the District Court have attracted a lower scale of costs than the same matter at first instance would have attracted if a Legal Practitioners (Supreme Court) (Contentious Business) Determination applied. This anomaly has been corrected in this Determination by a one off increase of a rate that is higher than it would have been if a straight 10% increase were applied.

Table

DISTRICT COURT APPEALS SCALE OF COSTS 2008

Item

Description

Amount

1.

Notice of appeal

 957

2.

Proceedings in Chambers

3,190

3.

Getting up appeal for hearing

3,190

4.

Counsel fee on hearing including preparation (see Notes 1 and 2)

6,380

5.

Counsel fee for second and each successive day of hearing (see Notes 1 and 2)

3,190

6.

Attending on reserved decision

 363

7.

Settling and extracting order disposing of appeal—

(a)With appointment

(b)Without appointment

 

 550

 209

8.

Drawing bills of costs, copies and service

 429

9.

Attending taxation (including time spent in preparing for the taxation)—per hour

 275

10.

Disbursements—

In addition to the fees and charges allowed under this Determination—

(a)As between practitioner and client, a practitioner may charge and be allowed disbursements necessarily or reasonably incurred; and

(b)As between party and party, a party may be allowed disbursements necessarily or reasonably incurred.

 

Note 1In cases for which the Taxing Officer considers that the briefing of Senior Counsel or of two or more counsel was reasonably necessary the allowance is the amount shown increased by 50%.

Note 2The reference to Senior Counsel in this Determination includes reference to Queens Counsel or Senior Counsel appointed in Western Australia, or appointed in any State or Territory in Australia and whose appointment is afforded recognition by the Chief Justice of the Supreme Court of Western Australia.

[Correction to Schedule: Gazette 27 Mar 2009 p. 923‑4.]

 

Notes

1This is a compilation of the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2008. The following table contains information about that determination.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (District Court Appeals) (Contentious Business) Report 2008

26 Jun 2008 p. 2959‑63 (correction 27 Mar 2009 p. 923‑4)

1 Jul 2008 (see cl. 2)