Legal Practitioners Act 1893

Legal Practitioners (Supreme Court) (Contentious Business) Determination 1999

 

Legal Practitioners (Supreme Court) (Contentious Business) Determination 1999

Contents

Part 1 — Preliminary

1.Citation1

Part 2 — Notice and Inquiries

2.Notice under section 58Y of the Act2

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

Part 3 — Report of Committee’s conclusions

4.Hourly and daily rates unchanged — scale of costs amended3

Schedule

1.Citation4

2.Commencement4

3.Application4

4.Application of O.66, 4.11(3), r.12, r.18, 4.19, r.20(3) and r.23 of the Rules of the Supreme Court4

5.Hourly and daily rates5

6.Costs5

Notes

Compilation table10

 

Legal Practitioners Act 1893

Legal Practitioners (Supreme Court) (Contentious Business) Determination 1999

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

LEGAL PRACTITIONERS ACT 1893

LEGAL PRACTITIONERS (SUPREME COURT) (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 (Supreme Court) (Contentious Business) Report 1999.

(2)The determination set out in the Schedule to this report is referred to in this report as the Supreme Court (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 Supreme 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 including Registrars from the Supreme Court and District Court; and

(c)reviewed the operation of the time based system of calculating costs.

Part 3  Report of Committee’s conclusions

4.Hourly and daily rates unchanged — scale of costs amended

(1)The information gained as a result of the inquiries and submissions described in clause 3 satisfied the Legal Costs Committee that the existence of competition for the supply of legal services made if appropriate to continue to adopt the hourly and daily rates charged by practitioners as the basis for the rates used in the Supreme Court (Contentious Business) Determination 1999.

(2)It is the recommendation of the Legal Costs Committee as a result of the inquiries and submissions described in clause 3 that the hourly and daily rates referred to in subclause (1) are not varied from the hourly and daily rates used in the Legal Practitioners (Supreme Court) (Contentious Business) Determination 1996*. Those rates are set out in the Table to clause 5 of the Supreme Court (Contentious Business) Determination 1999.

(3)It is the recommendation of the Legal Costs Committee as a result of the inquiries and submissions described in clause 3 that the scale of costs be varied in the manner set out in the Table to clause 6 of the Supreme Court (Contentious Business) Determination 1999.

(4)The recommendation of the Legal Costs Committee are not intended to override the entitlement of a practitioner to make a written agreement as to costs with a client under the Legal Practitioners Act 1893.

*[Published: Gazette 20 Dec 1996 p. 7077-87.]

 

Schedule

LEGAL PRACTITIONERS ACT 1893

SUPREME COURT (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 Supreme Court Appeals (Contentious Business) Determination 1999.

2.Commencement

This determination comes into operation on 1 July 1999.

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 before —

(a)the Supreme Court; and

(b)the District Court other than contentious business to which the District Court Appeals (Contentious Business) Determination 1999 applies.

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

(3)This determination does not apply to the remuneration of practitioners based on costs incurred before 1 July 1999.

4.Application of O.66, 4.11(3), r.12, r.18, 4.19, r.20(3) and r.23 of the Rules of the Supreme Court

In the circumstances set out in Order 66, rules 11(3), 12, 13, 18, 19, 20(3), 21 and 23 of the Rules of the Supreme Court, the Committee determines to make the orders and allowances referred to in those rules.

5.Hourly and daily rates

(1)The hourly and daily rates set out in the Table to this clause are the maximum hourly and daily rates which the Legal Costs Committee determines shall be used to calculate the scale of costs species a dollar amount with reference to the fee earner.

(2)The rates referred to in subclause (1) were ascertained in the manner set out in clause 7 of the Legal Practitioners (Supreme Court) (Contentious Business) Determination 1996*.

Table

Fee earner

Senior Practitioner (admitted for more than 5 years)

SP — hourly rate

$270

Junior Practitioner (admitted for less than 5 years)

(JP) — hourly rate

$180

Clerk/Paralegal

(C/PL) — hourly rate

$130

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

Junior Counsel

(JC) — hourly rate

$210

 

 — daily rate

$2300

Queen’s Counsel

(QC)† — hourly rate

$370

 

 — daily rate

$3500

† The reference to a Queen’s Counsel is 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.

*[Published: Gazette 20 Dec 1996 p. 7077-87.]

6.Costs

(1)Subject to the provisions of subclause (2) and of the Legal Practitioners Act 1893 permitting a practitioner to make a written agreement as to costs with a client, the costs of or in relation to a party to an action or other proceeding (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 practitioner,

shall not exceed the amounts set out in the Table to this clause (except as otherwise provided in item 13A of the Table).

(2)Allowances made under item 13A of the Table to this clause are only to be awarded as between practitioner and client, or if costs are awarded on an indemnity basis and not between party and party unless the Court otherwise orders.

TABLE

SUPREME COURT SCALE OF COSTS

Item

 

Time

Fee Earner

 

$

1.

(a)Writ of summons, generally endorsed , including instructions; or

 

 

 

 

400

 

(b)Writ of summons with Statement of Claim indorsed, including instructions; and

 

 

 

 

670

 

(c)For each additional defendant

 

 

50

2.

Next friend or guardian ad litem

3 hours

JP

540

3.

Entry of judgment without trial

 

 

130

4.

(a)Payment into or out of Court

2 hours

JP

360

 

(b)Offer of compromise under O.24A

 

2 hours

 

SP

 

540

 

(c)Acknowledgment of offer under O.24A

 

 

 

30

 

(d)Acceptance of offer of compromise under O.24A

 

2 hours

 

SP

 

540

 

(e)Notice of offer to consent to judgment

 

2 hours

 

SP

 

540

 

(f)Other notices referred to or required by the Rules or procedures of the Court (including practice directions)

 

 

 

 

 

30

5.

Memorandum of Appearance

0.5 hours

C/PL

60

6.

Pleadings

 

 

 

 

(a)Statement of Claim

10 hours

SP

2,700

 

(b)Defence

10 hours

SP

2,700

 

(c)Counterclaim

10 hours

SP

2,700

 

(d)Reply (if necessary), defence to counterclaim, or any other pleading

 

 

10 hours

 

 

SP

 

 

2,700

7.

(a)Third party notice

2 hour

SP

540

 

(b)Pleadings in third party proceedings

 

6 hours

 

SP

 

1,620

8.

(a)Requesting particulars of a pleading (where and to the extent necessary)

 

 

3 hours

 

 

JP

 

 

540

 

(b)Giving particulars of a pleading

 

5 hours

 

JP

 

900

9.

(a)Notice requiring discovery

0.33 hours

C/PL

30

 

(b)Giving discovery of documents

 

10 hours

 

JP

 

1,800

 

(c)Inspection and giving inspection — per hour

 

 

JP

 

180

10.

(a)Delivery of interrogatories

5 hours

SP

1,350

 

(b)Answers to interrogatories

10 hours

JP

1,800

11.

Examination of witness before trial by counsel or practitioner, pursuant to order

 

 

An allowance in accordance with item 14(c) or (d)

12.

Application for and striking jury

1 hour

JP

180

13.

Getting up case for trial (subject to item 14(h)) (includes work reasonably and necessarily undertaken prior to commencement of proceedings)

100 hours

SP

27,000

13A

(a)Time reasonably spent by a practitioner on work requiring the skill of a practitioner (of the standing indicated) but not covered by any other item - per hour

 

SP/QC

JC

JP

270

201

180

 

(b)Time reasonably spent by a practitioner, or by a clerk or paralegal of a practitioner, on work not covered by any other item or by paragraph (a) - per hour

 

C/PL

130

14.

Counsel fees:

 

 

 

 

(a)Fee on brief, i.e. first day of trial and preparation

3 days preparation;

1st day of trial

JC

9,200

 

(b)Fee on brief for Queen=s Counsel, i.e. first day of trial and preparation (where two or more counsel are certified for)

3 days preparation;

1st day of trial

QC

14,000

 

(c)Counsel fee for the second and each successive day of hearing

 

JC

2,300

 

(d)Counsel fee for Queen=s Counsel for second and each successive day of hearing (where two or more counsel are certified for)

 

QC

3,500

 

(e)Solicitor attending trial - per hour

 

SP

270

 

(f)Clerk attending trial - per hour

 

C/PL

130

 

(g)Attending on a reserved judgment or at a callover — per hour

 

SP

270

 

(h)Where the only issue tried is the assessment of damages, three quarters of the amounts prescribed by items 13, 14(a), 14(b), 14(c) and 14(d) shall be allowable, unless otherwise directed by the Court

 

 

 

15.

Settling and extracting judgment or order

 

 

 

 

(a)With appointment

2 hours

JP

360

 

(b)Without appointment

0.75 hours

JP

135

16.

Drawing bill of costs, copies and service

 

SP

Such amounts as are reasonable in the circumstances

17.

Taking accounts; inquiries; taxation of costs; including the time spent in preparing for the taxation

 

SP

Such amounts as are reasonable in the circumstances

18.

Re-trial or Re-hearing

 

 

 

 

(a)Getting up case for re-trial or re-hearing

 

 

Such amounts as are reasonable in the circumstances

 

(b)Re-trial or re-hearing

 

 

 

19.

(a)Special case, case stated (otherwise than by way of appeal) or trial of an issue (not covered by item 14(h))

 

 

Such amounts as are reasonable in the circumstances

 

(b)For the second and each successive day of the trial or hearing

 

 

 

20.

Appeals to a member of the Court or to the Full Court (including appeals by way of case stated):

 

 

 

 

(a)Notice of appeal, motion for order nisi to review, and the like

15 hours

SP

4,050

 

(b)Drawing and settling index

8 hours

JP

1,440

 

(c)Getting up appeal for hearing

10 hours

SP

2,700

 

(d)Counsel fee on hearing including preparation

2 days preparation; 1 day hearing

JC

6,900

 

(e)Counsel fee for Queen=s Counsel including preparation (where two or more counsel are certified for)

2 days preparation; 1 day hearing

QC

10,500

 

(f)Counsel fee for the second and each successive day of hearing

 

JC

2,300

 

(g)Counsel fee for Queen=s Counsel for second and each successive day of hearing (where two or more counsel are certified for)

 

QC

3,500

 

(h)Attending on reserved decision

2 hours

JP

360

21.

Originating motion, originating summons or originating application

2 days preparation;

1 day hearing;

and

Getting up – 30 hours

JC

 

 

 

SP

 

 

 

 

15,000

22.

Motions in Court not otherwise provided for

1 day preparation

½ day hearing

JC

3,450

23.

Proceedings in Chambers other than proceedings to which item 21 applies

2 days preparation;

1 day hearing

JC

6,900

24.

Pretrial, mediation or other conferences —required by order of the Court, by the Rules of the Supreme Court or by practice direction — per hour

 

SP

270

25.

Arbitration proceedings

 

 

The same costs as in an action.

26.

Proceedings, whether by action or otherwise, for the recovery of compensation for the taking or resumption of land or any other property by the Crown in right of the State or of the Commonwealth or by any other person, body or instrumentality pursuant to any statutory power

 

 

Such sum as is reasonable in the circumstances

27.

Proceedings by way of prerogative writ

 

 

Allowances calculated in accordance with item 20

28.

(a)Execution

 

 

200

 

(b)If against land, an additional

 

 

200

29.

Photocopies where necessary - per page

 

 

0.80

30.

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.

[Schedule amended: Gazette 12 Sep 2000 p. 5347.]

 

Notes

1This is a compilation of the Legal Practitioners (Supreme Court) (Contentious Business) Determination 1999 as set out in the following Table.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Supreme Court) (Contentious Business) Determination 1999

15 Jun 1999 p. 2563-9 (Correction in Gazette 12 Sep 2000 p. 5347)

1 July 1999 (see cl. 2)