Legal Practice Act 2003

Legal Practitioners District Court Appeals (Contentious Business) Determination 2006

 

Legal Practitioners District Court Appeals (Contentious Business) Determination 2006

Contents

Part 1 — Preliminary

1.Citation1

Part 2 — Notice and Inquiries

2.Notice under section 213 of the Act2

3.Inquiries and submissions under section 213 of the Act2

4.2

Part 3 — Report of Committee’s Conclusions

5.3

6.3

Schedule

1.Citation4

2.Commencement4

3.Scale of costs4

Notes

Compilation table6

 

Legal Practice Act 2003

Legal Practitioners District Court Appeals (Contentious Business) Determination 2006

Part 1  Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (District Court Appeals) (Contentious Business) Report 2006.

(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 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

Before making the Legal Practitioners (District Court Appeals) (Contentious Business) Determination 2006, the Legal Costs Committee —

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

(b)reviewed the operation of the time based system of calculating costs; and

(c)reviewed the impact of movements in the Consumer Price and Labour Price Indices for the financial years ending June 2005, and for the September 2005, December 2006 and March 2006 quarters.

4.

In addition to the matters described in clause 3, the Committee —

(a)collated and reviewed the information gained from an electronic questionnaire distributed to legal practitioners in Western Australia; and

(b)distributed a questionnaire amongst a number of users of legal services and made that questionnaire available to the public electronically on the Committee’s website.

Part 3  Report of Committee’s Conclusions

5.

The information gained as a result from the inquiries and submissions described in clause 3 and 4 satisfied the Legal Costs Committee that the existence of competition for the supply of legal services made it appropriate to adopt the hourly and daily rates used in the Legal Practitioners (District Court) (Contentious Business) Determination 2005 [published in the Government Gazette 25 June 2005 pp 2313-2314] as the basis for the recommended scale of costs which have been generally rounded up or down to represent an increase of 7.3% inclusive of the Goods and Services Tax and for administrative convenience divisible by 11.

6.

(1)As a result of the information gained from the inquiries and submissions described in clauses 3 and 4 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 2006 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 2006

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 2006.

2.Commencement

This determination comes into operation on 1 June 2006.

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 or 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

DISTRICT COURT APPEALS SCALE OF COSTS

Item

Description

Amount
$

1.

Notice of appeal

627

2.

Proceedings in Chambers

1,243

3.

Getting up appeal for hearing

1,243

4.

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


4,356

5.

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


1,870

6.

Attending on reserved decision

253

7.

Settling and extracting order disposing of appeal

(a)with appointment

(b)without appointment

 

253

132

8.

Drawing bills of costs, copies and service

385

9.

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

253

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.

 

Notes

1This is a compilation of Legal Practitioners District Court Appeals (Contentious Business) Determination 2006 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners District Court Appeals (Contentious Business) Determination 2006

27 Jun 2006 p. 2343-5

1 Jul 2006 (see determination 2)