Legal Practice Act 2003

Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006

 

Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006

Contents

Part 1 — Preliminary

1.Citation2

Part 2 — Notice and inquiries

2.Notice under section 213 of the Act3

3.Inquiries and submissions under section 213 of the Act3

Part 3 — Report of the Committee’s conclusions

Maximum Hourly Rates and Scale of Fees4

Schedule

1.Citation6

2.Commencement6

3.Interpretation6

4.Application6

5.Rates6

6.Scale of costs7

7.Complex matters, and matters involving a high degree of skill or urgency8

Notes

Compilation table9

 

Legal Practice Act 2003

Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006

Part 1  Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Report 2006.

(2)The determination set out in the Schedule to this report is referred to in this report as the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006.

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

(1)Before making the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006, the Legal Costs Committee —

(a)consulted with the Chief Justice of Western Australia, the President of the Court of Appeal, the Chief Judge of the District Court of Western Australia, the Chief Magistrate, the State Solicitor, Director of Legal Aid Western Australia and the Western Australian Bar Association; and

(b)reviewed a submission from the Law Society of Western Australia.

(2)When making the Legal Practitioners (Official Prosecutions) (Defendant’s Costs) Determination 2004* the Committee took into account the significant procedural and jurisdictional changes that were taking place in the Magistrates Court (then called Summary Courts). The Committee notes that no evidence has been received that the procedural and jurisdictional changes in the Magistrates Court have had any impact on the scale of costs applicable in the Magistrates Court.

*Published in the Government Gazette on 29 December 2004 (pp 6271-6275)

Part 3 — Report of the Committee’s conclusions

Maximum Hourly Rates and Scale of Fees

(1)It is the recommendation of the Legal Costs Committee, after reviewing the information gained as a result of the inquiries and the submission described in clause 3, that the hourly and daily rates set out in the Tables to clause 5 of the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006 be adopted for the supply of legal services covered by the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006.

(2)The hourly rates referred to in subclause (1) are set out in the Table to clause 5(1) of the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006.

(3)The daily rates referred to in subclause (1) are set out in clause 5 (2) of the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006.

(4)It is the recommendation of the Legal Costs Committee as a result of inquiries and submissions described in clause 3 that the scale of costs set out in the Table to clause 6 of the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006 be adopted.

(5)It is the further recommendation of the Committee that given the amendments to the hourly and daily rates set out in the Tables to clause 5 and the scale of fees set out in the Table to clause 6 of the Legal Practitioners (Official Prosecutions) (Defendant’s Costs) Determination 2002 were inclusive of any provision for the Goods and Services Tax (GST), the daily and hourly rates and scale of costs continue to be inclusive of GST.

(6)The Legal Costs Committee considers that it is impossible to include an item for witness fees because of the wide range of occupations of witnesses who are called to give evidence. Witness fees should be allowed as a disbursement and at the discretion of the Court or the taxing officer but loss of earnings foregone of a witness or the accused are not intended to be recoverable.

(7)The recommendation of the Legal Costs Committee under subclause (6) is not intended to affect the generality of item 9 of the scale of costs set out in the Table to clause 6 of the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006.

 

Schedule

Legal Practice Act 2003

Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006

1.Citation

This determination may be cited as the Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006.

2.Commencement

This determination comes into operation on 1 January 2007.

3.Interpretation

Words and phrases used in this determination have the same meaning as in the Official Prosecutions (Accused’s Costs) Act 1973.

4.Application

(1)This determination applies to the remuneration of practitioners in respect of an official prosecution carried out by practitioners in or for the purposes of proceedings before a Magistrates Court or an Appeal Court.

(2)This determination does not apply to the remuneration of practitioners based on costs incurred in respect of business carried out before the commencement of this determination.

5.Rates

(1)The hourly rates set out in the table to this subclause are the hourly rates which the Legal Costs Committee determines shall apply to the remuneration of practitioners in respect of an official prosecution in or for the purposes of proceedings before a Magistrates Court and shall be used to calculate the dollar amounts in the scale of costs set out in the Table to clause 6 except for item 8 (Appeals).

Table

Fee Earner

 

Rates

Senior Practitionera (admitted
for 5 years or more)
(SP)


– hourly rate


$286

Junior Practitionera (admitted for
less than 5 years)
(JP)


– hourly rate


$209

Clerk/Paralegal(CPL)

– hourly rate

$77

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.

(2)The daily rates set out in the table to this subclause are the daily rates which the Legal Costs Committee determines shall apply to the remuneration of practitioners in respect of an official prosecution in or for the purposes of proceedings before a Magistrates Court

Table

Fee Earner

 

Rates

Counsel§

– daily rate

$2772

Senior Counsel*

– daily rate

$4224

§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 Queen’s 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.

6.Scale of costs

Subject to clause 7, the costs recoverable by a successful accused in an official prosecution (inclusive of counsel fees but exclusive of other disbursements) shall not exceed the amounts set out in the Table to this clause.

Table

LEGAL PRACTITIONERS (OFFICIAL PROSECUTIONS)
(ACCUSED’S COSTS) SCALE OF COSTS

Item No.

Item

Maximum
Time

Maximum
Amount

1

Adjournment

1 hour

$286

2

Bail application, including preparation

5 hours

$1430

3

Directions hearing, including preparation

4 hours

$1144

4

First day of trial including preparation of case for trial and counsel fee

12 hours

$3432

5

Second or subsequent day of trial

5 hours

$1430

6

A reasonable allowance for preparation where the trial does not proceed or the prosecution offers no evidence

8 hours

$2288

7

Counsel fee for attending court for remand appearance, directions hearing, status conference, mention, callover, reserved decision or other appearance not otherwise accounted for

2 hours

$576

8

Appeals

As per the rates specified
in item 22 of the
Legal Practitioners (Supreme Court) (Contentious Business) Determination 2006*

9

Disbursements:

Photocopying

In addition to the fees allowed under this Determination disbursements (for example transport, accommodation, meals and travelling costs of an accused, solicitor, counsel or witness actually incurred by an accused as a necessary incident to defending an official prosecution) may be allowed as are necessarily or reasonably incurred.

1.00 per page

*Published in the Government Gazette on 27 June 2006 (pp 2331-2342).

7.Complex matters, and matters involving a high degree of skill or urgency

Where a matter is complex, or involves a high degree of skill or urgency, notwithstanding the rates or scale set out in the Tables to this Determination, the accused is entitled to recover a fee that is greater than the one that is set out in this Determination, if it is reasonable in the circumstances.

 

Notes

1This is a compilation Legal Practitioners (Official Prosecutions) (Defendants’ Costs) Determination 2006 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Determination

Gazettal

Commencement

Legal Practitioners (Official Prosecutions) (Accused’s Costs) Determination 2006 2

1 Mar 2007 p. 679-85

1 Jan 2007 (see cl. 2)

2Errors occurred in the notice published under the Legal Practitioners (Official Prosecutions) (Defendants’ Costs) Report and Determination 2006 on page 5609 ‑ 5613 of the Government Gazette dated 14 December 2006. References to the term “defendant” in the title to the Official Prosecutions (Accused’s Costs) Act 1973, in the title to the Report and Determination, and in the body of the Report and Determination are required to be references to the accused, [the short title to the Official Prosecutions (Accused’s Costs) Act 1973 changed by No. 84 of 2004 s. 82]. These references are corrected in the Report and Determination re‑published in full