Legal Practice Act 2003

Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012

 

Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012

Contents

Part 1 — Preliminary

1.Citation1

Part 2 — Notice and Enquiries

2.Notice under section 278 of the Act2

3.Inquiries and submissions under section 277 of the Act2

Part 3 — Report of Committee’s Conclusions

4.Hourly rates and scale of costs established3

Schedule

1.Citation5

2.Commencement5

3.Application5

4.No minimum charge5

5.Hourly rates5

6.Costs6

Notes

Compilation table8

 

Legal Practice Act 2003

Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012

Part 1 — Preliminary

1.Citation

(1)This Report may be cited as the Legal Practitioners (Supreme Court and District Court) (Criminal) Report 2012.

(2)The Determination set out in the Schedule to this Report is referred to in this Report as the Legal Practitioners (Supreme Court) (Criminal) Determination 2012.

Part 2 — Notice and Enquiries

2.Notice under section 278 of the Act

The Legal Costs Committee has complied with the notice provisions of section 278 of the Act.

3.Inquiries and submissions under section 277 of the Act

Before making the Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012, the Legal Costs Committee —

(a)reviewed all submissions received as a result of the notice given under section 278 of the Act;

(b)reviewed the impact of increases in the Consumer Price and Labour Price Indices for the financial year ending June 2011, and for the September 2011, December 2011 and March 2012 quarters as they impacted on the hourly rates for legal practitioners set out in the Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2010[1];

(c)reviewed a submission received from The Law Society of Western Australia (Inc) and comments by the Principal Registrar of the District Court of Western Australia; and

(d)conferred with other legal practitioners

Part 3 — Report of Committee’s Conclusions

4.Hourly rates and scale of costs established

(a)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 law practices as the basis for the rates used in the Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012. No other appropriate methodologies were put to the Committee as an alternative to hourly and daily rates.

(b)It is the recommendation of the Legal Costs Committee that—

(1)as a result of the inquiries and submissions described in clause 3;

(2)having considered the impact of relevant Australian Bureau of Statistics data;

(3)taking into account the incidental administrative implications of the calculation of the Goods and Services Tax; and

(4)to be consistent with the hourly and daily rates referred to in the Legal Practitioners (Supreme Court) (Contentious Business) Determination 2012 to be gazetted at or about the same time as this Report,

the hourly and daily rates referred to in sub‑clause 4(a) be varied from the hourly and daily rates used in the Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 20101 as the basis for the recommended scale of costs which have been generally rounded up or down to represent various increases of between 5.13% and 7.41% inclusive of the Goods and Services Tax and for administrative convenience, divisible by 11. Those rates are set out in Table A of the Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012.

(c)The recommendations of the Legal Costs Committee are not intended to override the entitlement of a law practice to make a written agreement as to costs with a client under the Act or any successor legislation.

 

 

Schedule

Legal Profession Act 2008

Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012

1.Citation

This Determination may be cited as the Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012.

2.Commencement

This Determination comes into operation on 1 November 2012.

3.Application

This Determination applies to the remuneration of law practices, clerks and paralegals in respect of advice given by law practices in or for the purposes of criminal proceedings or potential criminal proceedings which are ultimately dealt with in the Supreme Court of Western Australia and the District Court of Western Australia.

4.No minimum charge

In no respect is this Determination to be seen as providing a minimum charge for any work.

5.Hourly rates

The hourly and daily rates set out in Table A are the maximum hourly and daily rates, inclusive of GST which the Legal Costs Committee determines shall be used to calculate the dollar amounts chargeable by a law practice in providing advice and services to clients in respect of criminal proceedings and potential criminal proceedings which are ultimately dealt with in the Supreme Court of Western Australia and the District Court of Western Australia.

Table A

Fee Earner

Maximum allowable rates

Senior Practitioner (admitted for 5 years or more) (SP)ªhourly rate

$451

Junior Practitioner (admitted for less than 5 years) (JP)ªhourly rate

$319

Clerk/Paralegal (C/PL)hourly rate

$220

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

Counsel (C)*hourly rate
daily rate

$363
$3,630

Senior Counsel (SC)†hourly rate
daily rate

$638
$6,380

ªWhere a local legal practitioner has held an interstate practising 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 Western Australia.

6.Costs

(a)Unless a law practice has made a written agreement as to costs with a client under the provisions of section 282 of the Act, the costs of or in relation to a party to an action or other proceeding (inclusive of GST and Counsel fees but exclusive of other disbursements) in the relevant Court are payable by a party to that party’s own law practice and must not exceed an amount calculated at the hourly rates in Table A.

(b)In respect of any appeals to the Supreme Court from any decision of a lower Court or single Judge exercising the relevant Court’s criminal jurisdiction, item 23 of the Legal Practitioners (Supreme Court) (Contentious Business) Determination 2012 will apply to law practice/client costs on such appeals.

 

Notes

1This is a compilation of the Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012. The following table contains information about that determination.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Supreme Court and District Court) (Criminal) Determination 2012

29 Oct 2012 p. 5171‑2

1 Nov 2012 (see cl. 2)

 

 

 


[1]

Published in Gazette 29 June 2010