Legal Practitioners Act 1893

Legal Practitioners (Disbursements) Determination 1997

 

Legal Practitioners (Disbursements) Determination 1997

Contents

Part 1 — Preliminary

1.Citation2

2.Application2

3.Reasons for amendments2

Part 2 — Workers’ Compensation

4.Principal determination3

5.Clause 9 deleted3

6.Schedule 1 amended3

8Disbursements3

7.Schedule 2 amended3

9Disbursements4

Part 3 — Local Court

8.Principal determination5

9.Clause 17 deleted5

10.Schedule amended5

32.Disbursements5

Part 4 — District Court Appeals

11.Schedule amended6

10.Disbursements6

Part 5 — Supreme Court

12.Schedule amended7

29.Disbursements7

Notes

Compilation table8

 

Legal Practitioners Act 1893

Legal Practitioners (Disbursements) Determination 1997

Made by the Legal Costs Committee under section 58W of the Act..

Part 1 — Preliminary

1.Citation

This determination may be cited as the Legal Practitioners (Disbursements) Determination 1997.

2.Application

This determination applies to disbursements prescribed under the determinations referred to in Parts 2 — 5 of this determination.

3.Reasons for amendments

(1)The decision of the Full Court of the Supreme Court of Western Australia in Klahn v Talbot (unreported, 12 September 1996) questioned the power of the Committee to prescribe costs with respect to disbursements.

(2)The Committee considers that the amendment of section 58W of the Act by section 3(2) of the Acts Amendment (Legal Costs) Act 1997 gives the Committee power to make a determination with respect to —

“

........expenses properly incurred in the course of, or in connection with, business carried out by a practitioner for a client, whether incurred —

(a)by the practitioner on behalf of the client; or

(b)by the client.

”.

Part 2 — Workers’ Compensation

4.Principal determination

In this Part the Legal Practitioners (Workers' Compensation) (Review Proceedings and Compensation Magistrate's Court) Determination 1997* is referred to as the principal determination.

*[Published in the Government Gazette on 23 June 1997 at pp.2063‑9]

5.Clause 9 deleted

Clause 9 of the principal determination is deleted.

6.Schedule 1 amended

Schedule 1 of the principal determination is amended by inserting after item 7 the following item  —

“

8Disbursements

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.

”.

7.Schedule 2 amended

Schedule 2 of the principal determination is amended by inserting after item 8 the following item  —

“

9Disbursements

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.

”.

Part 3 — Local Court

8.Principal determination

In this Part the Legal Practitioners (Local Court) (Contentious Business) Determination 1997* is referred to as the principal determination.

*[Published in the Government Gazette on 25 March 1997 at pp. 1607-16]

9.Clause 17 deleted

Clause 17 of the principal determination is deleted.

10.Schedule amended

The Schedule to the principal determination is amended by inserting after item 31. the following item  —

“

32.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.

”.

Part 4 — District Court Appeals

11.Schedule amended

The Schedule to the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 1996* is amended by inserting after item 9. the following item  —

“

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.

”.

* [Published in the Government Gazette on 20 December 1996 at pp. 7077-80]

Part 5 — Supreme Court

12.Schedule amended

The Schedule to the Legal Practitioners (Supreme Court) (Contentious Business) Determination 1996* is amended by deleting item 29. and substituting the following item —

“

29.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.

”.

* [Published in the Government Gazette on 20 December 1996 at pp. 7081-87]

 

Notes

1This is a compilation of the Legal Practitioners (Disbursements) Determination 1997 as set out in the following Table.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Disbursements) Determination 1997

16 Dec 1997 p. 7333-4

16 Dec 1997