Legal Practitioners Act 1893

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 1999

 

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 1999

Contents

Part 1 — Preliminary

1.Citation2

Part 2 — Notice and Inquiries

2.Notice under section 58Y of the Act3

3.Inquiries and submissions under section 58Y of the Act3

Part 3 — Report of Committee’s Conclusions

4.Scale of costs4

Schedule

1.Citation5

2.Commencement5

3.Scale of costs5

Notes

Compilation table7

 

Legal Practitioners Act 1893

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 1999

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

LEGAL PRACTITIONERS ACT 1893

LEGAL PRACTITIONERS (DISTRICT COURT APPEALS) (CONTENTIOUS BUSINESS) REPORT 1999

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

Part 1  Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (District Court Appeals) (Contentious Business) Report 1999.

(2)The determination set out in the Schedule to this report is referred to in this report as the District Court Appeals (Contentious Business) Determination 1999.

Part 2  Notice and Inquiries

2.Notice under section 58Y of the Act

The Legal Costs Committee has complied with the notice provisions of section 58Y of the Act.

3.Inquiries and submissions under section 58Y of the Act

Before making the District Court Appeals (Contentious Business) Determination 1999, the Legal Costs Committee -

(a)reviewed all submissions received as a result of the notice given under section 58Y of the Act; and

(b)conducted oral hearings with interested parties.

Part 3  Report of Committee’s Conclusions

4.Scale of costs

(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 District Court Appeals (Contentious Business) Determination 1999 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 solicitor to make a written agreement as to costs with a client under the Legal Practitioners Act 1893.

 

Schedule

LEGAL PRACTITIONERS ACT 1893

DISTRICT COURT APPEALS (CONTENTIOUS BUSINESS) DETERMINATION 1999

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

1.Citation

This determination may be cited as the District Court Appeals (Contentious Business) Determination 1999.

2.Commencement

This determination comes into operation on 1 July 1999.

3.Scale of costs

Subject to the provisions of the Legal Practitioners Act 1893 permitting a solicitor 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 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 solicitor,

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

TABLE

DISTRICT COURT APPEALS SCALE OF COSTS

 

Item

 

Description

Amount

$

1.

Notice of appeal .................................................................

500

2.

Proceedings in Chambers ..................................................

1000

3.

Getting up appeal for hearing ............................................

1000

4.

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

3500

5.

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

 

1500

6.

Attending on reserved decision ..........................................

200

7.

Settling and extracting order disposing of appeal —

 

 

(a)with appointment ........................................

200

 

(b)without appointment ...................................

100

8.

Drawing bills of costs, copies and service .........................

300

9.

Attending taxation — per hour ..........................................

175

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 1The Judge may in a proper case certify for second counsel.

In cases for which two counsel are certified the allowance for Queen’s Counsel is the amount shown increased by 50%.

Note 2The reference to a Queen’s Counsel in this determination includes reference to Senior Counsel 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.

 

Notes

1This is a compilation of the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 1999.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (District Court Appeals) (Contentious Business) Determination 1999

11 May 1999 p. 1101-2

1 Jul 1999 (see cl. 2)