Legal Practice Act 2003

Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005

 

Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005

Contents

Part 1 ¾ Preliminary

1.Citation2

Part 2 ¾ Notice and Inquiries

2.Notice under section 213 of the Act3

3.Inquiries and submissions under section 58Yof the Act3

Part 3 ¾ Report of the Committee’s conclusions

4.Hourly Rates4

Schedule

1.Citation6

2.Commencement6

3.Application6

4.Hourly Rates6

Notes

Compilation table8

 

Legal Practice Act 2003

Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005

Part 1 ¾ Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (Petty Sessions) (Contentious Business) Report 2005.

(2)The determination set out in the Schedule to this report is referred to in this report as the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005.

Part 2 ¾ 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 58Yof the Act

Before making the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005 the Legal Costs Committee ¾ 

(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 Law Society of Western Australia (Inc.);

(d)reviewed the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2002; and

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

[Published: Gazette 24 Sept 2002 p. 4749-57].

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

Part 3 ¾ Report of the Committee’s conclusions

4.Hourly Rates

(1)The Legal Costs Committee noted that the jurisdiction of the Court of Petty Sessions covers a wide range of civil and criminal matters from the consideration of dividing fence disputes between land owners to offences against the provisions of Acts of Parliament, by-laws and regulations made pursuant to them.

(2)As a consequence of this position stated in sub-clause (1), the Legal Costs Committee considers it remains 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 Court of Petty Sessions.

(3)It is the recommendation of the Legal Costs Committee, after reviewing the information gained as a result of the inquiries and submissions described in clause 3 and having regard to the impending commencement of the Magistrates Court Act 2004, amendment to the rates used in the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2002 is not warranted.

(4)It is further the recommendation of the Legal Costs Committee that the hourly rates charged by practitioners under the Legal Practitioners (Local Court) (Contentious Business) Determination 2002 should be adopted as the basis for costs for the supply of legal services covered under the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005.

(5)The hourly rates referred to in subclause (4) are set out in the Table to clause 4 of the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005.

(6)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 (Official Prosecutions) (Defendants Costs) Determination 2004

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

1.Citation

This determination may be cited as the Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005.

2.Commencement

This determination comes into operation on 1 March 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 proceedings in the Court of Petty Sessions.

(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.Hourly Rates

The hourly rates set out in the Table to this clause are the maximum hourly rates 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 proceedings before a Court of Petty Sessions.

Table

Fee Earner

 

Maximum Hourly Rates

Practitioner (admitted for more than 5 years)(SP)

 

¾hourly rate

 

$250

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

 

¾hourly rate

 

$175

Clerk/Paralegal(CPL)

¾hourly rate

$75

 

Notes

1This is a compilation Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Determination

Gazettal

Commencement

Legal Practitioners (Petty Sessions) (Contentious Business) Determination 2005

1 Mar 2005 p. 874-5

1 Mar 2005 (see cl. 2)