Legal Practitioners Act 1893

Legal Practitioners (Solicitors Non-Contentious Probate Costs) Determination 2000

 

Legal Practitioners (Solicitors Non-Contentious Probate Costs) Determination 2000

Contents

Part 1 — Preliminary

1.Citation1

Part 2 — Notice and Enquiries

2.Notice under section 58Y of the Act2

3.Enquiries and submissions under section 58Y of the Act2

Part 3 — Report of committee’s conclusions

4.Basis for fixing costs3

Schedule

1.Citation4

2.Commencement4

3.The Solicitor’s Non-Contentious Probate Costs Determination 19984

4.Application4

5.Costs5

6.Legal Practitioners (Effect on Costs of New Tax System (Goods and Services Tax)) Determination 2000 Gazette 15 September 2000 pp.5411-54156

Notes

Compilation table7

 

Legal Practitioners Act 1893

Legal Practitioners (Solicitors Non‑Contentious Probate Costs) Determination 2000

Part 1  Preliminary

1.Citation

(1)This report may be cited as the Legal Practitioners (Solicitors Non-Contentious Probate Costs) Report 2000.

(2)The determination set out in the Schedule to this report is referred to in this report as the Solicitors Non-Contentious Probate Costs Determination 2000.

Part 2  Notice and Enquiries

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.Enquiries and submissions under section 58Y of the Act

Before making the Solicitors Non-Contentious Probate Costs Determination 2000, the Legal Costs Committee reviewed all submissions received as a result of the notice given under section 58Y of the Act.

Part 3  Report of committee’s conclusions

4.Basis for fixing costs

(1)The information obtained as a result of —

(a)notice given under section 58Y of the Act;

(b)submissions described in clause 3; and

(c)having regard to the provisions of the Legal Practitioners (Effect on Costs of a New Tax System (Goods and Services)) Determination 2000 published in the Gazette 15 September 2000 pp 5411-5415;

has satisfied the Legal Costs Committee that in respect of the supply of legal services to be covered by the Solicitors Non‑Contentious Costs Determination 2000, there is no need to amend the rates used in the Legal Practitioners Solicitors Non‑Contentious Probate Costs Determination 1998.

(2)It is the recommendation of the Legal Costs Committee that the basis used for fixing costs in the manner set out in the Solicitors Non-Contentious Probate Costs Determination 1998 be adopted as the basis for fixing costs in the Solicitors Non-Conentious Probate Costs Determination 2000.

(3)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

Solicitors Non-Contentious Probate Costs Determination 2000

1.Citation

This determination may be cited as the Solicitors Non-Contentious Probae Costs Determination 2000

2.Commencement

This determination comes into operation on 1 January 2001.

3.The Solicitor’s Non-Contentious Probate Costs Determination 1998

The determination cited as the Solicitors Non-Contentious Probate Costs Determination 1998 published in the Government Gazette 12 August 1998 pp 4384 does not apply to business carried out by practitioners after the commencement of this determination.

4.Application

(1)This determination applies to the remuneration of practitiouers in respect of —

(a)applications for grants of probate and letters of administration within Western Australia or reseals of grants and letters of administration made outside Western Australia; and

(b)agency allowances where the solicitor for the applicant for a grant of probate or letters of administration or to reseal a grant does not carry on practice in the Perth metropolitan area and employs a practitioner in Perth as agent in connnection with the application.

(2)This determination does not apply to the remuneration of practitioners based on a written agreement as to costs under section 59 of the Legal Practitioners Act 1893.

(3)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)This determination does not apply to those areas of business performed by practitoners in connection with the administration of winding up of deceased persons' estates which can be properly chargeable under the provisions of the Solicitors Costs Determination 1998 or any subsequent determination in substitution for or by way of variation to the same.

5.Costs

Unless a solicitor has made a written agreement as to costs with a client under the provisions of section 59 of the Legal Practitioners Act 1893, the costs payable by the client to the client's solicitor shall be such amount as is reasonable in the circumstances calculated on the basis of the time reasonably taken to perform the work described in clause 4 above and charged at an hourly rate which does not exceed the hourly rates set out below.

(a)General

 

Junior Clerk

$65.00 per hour

Senior Clerk

$150.00 per hour

Articled Clerk

$130.00 per hour

Restricted Year Practitioner

$175.00 per hour

Practitioner (less than 5 years)

$200.00 per hour

Practitioner (5 years or more)

$280.00 per hour

Travel is to be calculated in the same manner as above, with a maximum of 8 hours in any one day.

(b)Specific

Complex matters, and matters involving a high degree of skill or urgency

Where a practitioner acts on instructions or performs a service in respect of a matter that is complex, or involves a high degree of skill or urgency, the practitioner is entitled to charge a fee or charge (as the case requires) that is reasonable in the circumstances.

6.Legal Practitioners (Effect on Costs of New Tax System (Goods and Services Tax)) Determination 2000 Gazette 15 September 2000 pp.5411-5415

For the avoidance of doubt, the Committee confirms that the Legal Practitioners (Effect on Costs of New Tax System (Goods and Services Tax)) Determination 2000 Gazette 15 September 2000 pp.5411-5415 applies to the Solicitors Non-Contentious Probate Costs Determination 2000.

 

Notes

1This is a compilation of the Legal Practitioners (Solicitors Non-Contentious Probate Costs) Determination 2000.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Solicitors Non‑Contentious Probate Costs) Determination 2000

6 Dec 2000 p. 6851-53

1 Jan 2001