Legal Practice Act 2003

Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005

 

Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005

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

4.Hourly Rates established4

Schedule

1.Citation6

2.Commencement6

3.Application6

4.Maximum Hourly Rates6

5.Costs7

Notes

Compilation table9

 

Legal Practice Act 2003

Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005

Part 1  Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Report 2005.

(2)The determination set out in the Schedule to this report is referred to in this report as the Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005.

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 (Magistrates Court) (Criminal Jurisdiction) Determination 2005 the Legal Costs Committee —

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

(b)consulted with the Court;

(c)consulted with the Magistrates Association of Western Australia, Law Society of Western Australia (Inc.), the Western Australian Bar Associations Inc, the Criminal Lawyers Association of Western Australia and the Legal Aid Commission of Western Australia;

(d)reviewed the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005; and

(e)had regard to relevant provisions of the Magistrates Court Act 2004 which is proclaimed to commence 1 May 2005.

[Published in Gazette 1 Mar 2005 p. 874-5].

[see s. 2 and Gazette 31 Dec 2004 p. 7127].

Part 3  Report of the Committee’s conclusions

4.Hourly Rates established

(1)The Legal Costs Committee noted that the criminal jurisdiction of the Magistrates Court covers a wide range of summary criminal matters.

(2)As a consequence of the position stated in subclause 4(1), the Legal Costs Committee considers it is appropriate for a general scale of fees based on hourly rates to be applied to the time reasonably taken to perform the services provided by a practitioner in, or for the purposes of contentious business in the criminal jurisdiction of the Magistrates Court.

(3)It is the recommendation of the Legal Costs Committee as a result of the inquiries and submissions described in clause 3, having assessed market conditions and having considered submissions and data provided by the Law Society of Western Australia and the incidental administrative implications of the calculation of the GST, that the appropriate hourly rates referred to in subclause 4(2) are the rates set out in the Table to clause 4 of the Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005.

(4)It is further the recommendation of the Legal Costs Committee that the hourly rates charged by practitioners under the Legal Practitioners (Magistrates Court) (Civil Jurisdiction) Determination 2005 should be adopted as the basis for costs for the supply of legal services covered under the Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005.

(5)The hourly rates referred to in subclause 4(4) are set out in the Table to clause 4 of the Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005.

(6)It is further the recommendation of the Legal Costs Committee that the Table to clause 5 of the Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005 should be adopted as the basis for costs for the supply of those legal services itemised in that Table. The Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005 sets out the Scale of Costs which should be applicable to particular items of work referred to in that Scale.

(7)The recommendations of the Legal Costs Committee are not intended to override the entitlements of a practitioner to make a written agreement as to costs with a client under the Legal Practice Act 2003.

 

Schedule

Legal Practice Act 2003

Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005

Made by the Legal Costs Committee under section 210 of the Act.

1.Citation

This determination may be cited as the Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005.

2.Commencement

This determination comes into operation on 2 May 2005.

3.Application

(1)This determination applies to the remuneration of practitioners in respect of contentious business carried out by practitioners in or for the purposes of criminal proceedings in the Magistrates 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.

4.Maximum Hourly Rates

The hourly rates set out in the Table to this clause are the maximum hourly rates, inclusive of GST, which the Legal Costs Committee determines shall be used to calculate the remuneration of practitioners in respect of time reasonably taken to perform services in or for the purposes of contentious business carried out by practitioners in or for the purposes of criminal proceedings before the Magistrates Court.

Table to Clause 4

Fee Earner

 

Maximum allowable hourly rates
$

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

 

—hourly rate

 

$286

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

 

—hourly rate

 

$198

Clerk/Paralegal(CPL)

—hourly rate

$88

Counsel fees charge as a disbursement to practitioners or charge by in-house Counsel:

Counsel(C)*

hourly rate
daily rate

$220

$1540

Senior Counsel(SC)†

hourly rate
daily rate

$363

$2541

αThe 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.

*The reference to Counsel in this Determination means a practitioner acting as a barrister other than as a 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 the Supreme Court of Western Australia.

5.Costs

(1)Subject to section 221 of the Legal Practice Act 2003 permitting a practitioner to make a written agreement as to costs with a client, the costs of or in relation to a prosecution or an accused (inclusive of 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 practitioner,

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

(2)Each item of the Scale of Costs specifies a dollar amount. The purpose is to indicate the maximum amount for the work indicated in the item, but on assessment, less might be allowed. In no respect is the Scale to be seen as providing a minimum charge for any work. The reason for stating the number of hours estimated to be necessary to perform each of the items of work described in the Scale is to provide guidance to the Assessing Officer when dealing with the question of costs so that the Assessing Officer has some idea how much time is reasonably necessary to perform the work in most cases.

(3)Work undertaken by Senior Counsel, when certified for, shall be allowable in accordance with the rates in the Table to clause 4 of this Determination.

Table to Clause 5

Magistrates Court Criminal Jurisdiction Scale of Costs 2005

Item No

Item

Time

Maximum Amount
$

1.

Adjournment

1 hour

286

2.

Bail applicable

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 and each successive day of trial

 

1540

6.

Allowance for preparation where the trial does not proceed or the prosecution offers no evidence

8 hours

2288

7.

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

 

 

 

 

2 hours

 

 

 

 

572

8.

Photocopies where necessary

per page

1.00

 

Notes

1This is a compilation Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Magistrates Court) (Criminal Jurisdiction) Determination 2005

29 Apr 2005 p. 1975-9

2 May 2005 (see r. 2)