Legal Practitioners Act 1893

Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003

 

Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003

Contents

Part 1 — Preliminary

1.Citation2

Part 2 — Notice and Inquiries

2.Notice under section 58Y of the Act3

3.Review under section 58X of the Act3

4.Inquiries and submissions under Section 58Y of the Act3

5.4

Part 3 — Report of the Committee’s conclusions

6.Hourly and daily rates changed—scale of costs amended5

Schedule

Part 1 — Preliminary

1.Citation7

2.Commencement7

3.Application7

Part 2 — Determination By Committee

4.Hourly rates8

5.Time based Scales of Costs8

6.Legal Practitioners (Effect on Costs of a New Tax System) (Goods and Services Tax) Determination 2000 (GST Determination)9

7.Schedule 19

8.Schedule 29

9.Schedule 39

1.Maximum amounts9

2.Provision for complex matters10

1.Maximum amounts11

2.Provision for complex matters11

1.Maximum amounts13

2.Provision for complex matters13

Notes

Compilation table16

 

Legal Practitioners Act 1893

Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003

LEGAL PRACTITIONERS (WORKERS’ COMPENSATION) (CONCILIATION PROCEEDINGS, REVIEW PROCEEDINGS AND COMPENSATION MAGISTRATE’S COURT) REPORT 2003

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 (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Report 2003.

(2)The determination set out in the Schedule to this report is referred to in this report as the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003.

Part 2  Notice and Inquiries

2.Notice under section 58Y of the Act

The Legal Costs Committee has complied with section 58Y of the Act.

3.Review under section 58X of the Act

The Legal Costs Committee has reviewed the previous determination 1 made on 13 June 2000.

4.Inquiries and submissions under Section 58Y of the Act

(1)Before making the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003 the Legal Costs Committee —

(a)reviewed all submissions received as a result of the notices given under section 58Y of the Act;

(b)consulted with the Chief Magistrate of the Local Court;

(c)consulted with the Conciliation and Review Directorate, established in accordance with Division 1A of Part V of the Workers’ Compensation and Rehabilitation Act 1981;

(d)consulted with the Law Society of Western Australia (Inc.);

(e)considered the Legal Practitioners (Local Court) (Contentious Business) Determination 2002 2;

(f)reviewed the impact of movements in the Consumer Price Index for the financial years ending 30 June 1997 to 30 June 2002 (inclusive); and

(g)had regard to the impact of the Goods and Services Tax on the level of fees charged by Practitioners.

5.

The Committee noted that there has been no increase in the maximum hourly and daily rates chargeable by Practitioners for over 5 years.

1 [Published: Gazette 23 Jun 2000 p. 3237-47]

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

Part 3  Report of the Committee’s conclusions

6.Hourly and daily rates changed—scale of costs amended

(1)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 4, 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 (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003.

(2)The hourly rates referred to in subclause (1) are set out in the Table to clause 4 of the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003.

(3)It is the recommendation of the Legal Costs Committee as a result of inquiries and submissions described in clause 4 that the scale of costs be as set out in the Table to clause 4 of the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003.

(4)It is the further recommendation of the Committee, given the amendments to the hourly rates and scale of costs in the manner set out in the Table to clause 4 and in the Schedules to clauses 7, 8 and 9 of the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003 are inclusive of any provision for the Goods and Services Tax, that from and including the date of that determination coming into operation, the Legal Practitioners (Effect on Costs of a New Tax System) (Goods and Services Tax) Determination 2000 as published in the Gazette on 15 September 2000 p5411 will no longer apply to the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings and Compensation Magistrate's Court) hourly rates and scale of costs from that date.

 

Schedule

LEGAL PRACTITIONERS ACT 1893

LEGAL PRACTITIONERS (WORKERS’ COMPENSATION) (CONCILIATION PROCEEDINGS, REVIEW PROCEEDINGS AND COMPENSATION MAGISTRATE’S COURT) DETERMINATION 2003

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

Part 1 — Preliminary

1.Citation

This determination may be cited as the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003.

2.Commencement

This determination comes into operation on 1 March 2003.

3.Application

(1)Subject to subclause (2) this determination applies to contentious business carried out by practitioners in or for the purposes of proceedings before —

(a)a conciliation officer; or

(b)a review officer; or

(c)a compensation magistrate’s court,

within the meaning of the Workers’ Compensation and Rehabilitation Act 1981.

(2)This determination does not apply to costs incurred with respect to the matters referred to in subclause (1) before the commencement of this determination.

Part 2 — Determination By Committee

4.Hourly rates

(1)The Committee reviewed the information referred to in clause 4 of the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Report 2003 and determined that

(a)in view of the flexibility afforded by the estimated times described in the Schedules; and

(b)the provision in each Schedule allowing a practitioner to charge costs which do not exceed the maximum amounts set out in the Scales,

the appropriate hourly rates are comparable with those of the Local Court.

(2)The rates set out in the Table to this subclause are identical to those set out in the Legal Practitioners (Local Court) (Contentious Business) Determination 2002.

Table to Clause 4

Fee Earner

Maximum allowable hourly rates

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

$250 per hour

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

$175 per hour

Clerk or para legal (supervised by a practitioner) (“CPL”)

$75 per hour

5.Time based Scales of Costs

(1)In 1997 the Committee determined that time based Scales of Costs should continue to be adopted with respect to proceedings before —

(a)a review officer; and

(b)a compensation magistrate’s court.

(2)The Committee determines that the Scales of Costs for the above proceedings and those before a conciliation officer shall continue to be time based.

6.Legal Practitioners (Effect on Costs of a New Tax System) (Goods and Services Tax) Determination 2000 (GST Determination)

From and including the date of commencement of this determination, the GST Determination insofar as it affects the hourly rates described in clause 4 and the calculation of fees under each of the items in the Schedules to clauses 7, 8 and 9, will cease to be of any further force or effect.

The Schedules

7.Schedule 1

Schedule 1 has effect with respect to proceedings before a conciliation officer.

8.Schedule 2

Schedule 2 has effect with respect to proceedings before a review officer.

9.Schedule 3

Schedule 3 has effect with respect to proceedings before a compensation magistrate’s court.

Schedule 1

CONCILIATION PROCEEDINGS COSTS SCALE

1.Maximum amounts

Subject to clause 2 of this Schedule 1, the costs payable to a practitioner for each item described in column 2 of this Schedule 1 must not exceed the maximum amount opposite and corresponding to that item set out in column 5 of this Schedule 1.

2.Provision for complex matters

Where any matter in relation to which remuneration is prescribed under items 1-6 of this Schedule 1 is unusually complex, a practitioner is entitled to charge the remuneration which is reasonable in the circumstances.

Column
1

Column
2

Column
3

Column
4

Column
5

ITEM

DESCRIPTION

TIME
HOURS

FEE
EARNER

$

1

Preparing and lodging application for conciliation (Form 1) including instructions.

1-2

CPL—SP

75-500

2

Preparing for conference which includes getting up case for conference and consists of all aspects not otherwise specified associated with preparing for the conference.

1-2

CPL—SP

75-500

3

Attendance at conciliation conference by practitioner, clerk or paralegal—per hour.

 

SP
JP

CPL

250
175

75

4

Any other time necessarily spent not included in any item in this scale—per hour.

 

SP

JP

CPL

250

175

75

5

Electronic communications and copying

(a)For each communication electronically transmitted or received—

irrespective of number of pages.

(b)Photocopies where necessary—per page.

 

 

5.00


0.50

6

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 2

REVIEW PROCEEDINGS COSTS SCALE

1.Maximum amounts

Subject to clause 2 of this Schedule 2, the costs payable to a practitioner for each item described in column 2 of this Schedule 2 must not exceed the maximum amount opposite and corresponding to that item set out in column 5 of this Schedule 2.

2.Provision for complex matters

Where any matter in relation to which remuneration is prescribed under items 1-9 of this Schedule 2 is unusually complex, a practitioner is entitled to charge the remuneration which is reasonable in the circumstances.

 

Column
1

Column
2

Column
3

Column
4

Column
5

ITEM

DESCRIPTION

TIME
HOURS

FEE
EARNER

$

1

Preparing and lodging application (Form 3) including instructions.

 

0.5-1

 

CPL—SP

 

38-250

2

Preliminary hearing in review including preparation for hearing.

 

1-3

 

CPL—SP

 

75-750

3

Particulars and discovery

(a)Providing particulars (where ordered).

(b)Giving discovery of documents (where ordered).

 

 

0.5-2

 

0.5-2

 

 

CPL—SP

 

CPL—SP

 

 

38-500

 

38-500

4

Preparing for review hearing which includes getting up case for review hearing and consists of all aspects not otherwise specified associated with preparing for the review hearing, including taking statements from and proofing witnesses.

 

 

 

 

 

 

2-12

 

 

 

 

 

 

CPL—SP

 

 

 

 

 

 

150-3,000

5

Review hearing

(a)Counsel fee on review hearing (includes preparation and first day of review hearing).

(b)Counsel fee for second and each successive day of review hearing.

 

 

 

 

3-12

 

2-8

 

 

 

 

CPL—SP

 

CPL—SP

 

 

 

 

225-3,000

 

150-2,000

 

Note: In relation to item (a) and item (b), if the review hearing—

(1)lasts less than 2 hours; or

(2)does not commence and is settled or adjourned on the day of the hearing,

 

 

 

 

then the amount which is applicable under items (a) and (b) will be the amount which is reasonable in the circumstances.

(c)Paralegal, clerk or practitioner attending review hearing—per hour.

 

 

 

 

 

 

CPL

JP

 

 

 

 

 

75

175

6

Any other time necessarily spent not included in any item in this Scale—per hour.

 

CPL

JP

SP

75

175

250

7

Taxation and costs

(a)Preparing bill of costs, including filing, service and copies.

(b)Attending taxation—per hour.

 

 

 

0.5-1

 

 

CPL—JP

CPL

JP

 

 

38-175

75

175

8

Electronic communications and copying

(a)For each communication electronically transmitted or received—

irrespective of number of pages.

(b)For each photocopy—per page.

 

 

 

 

 

 

 

 

5.00

0.50

9

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 3

COMPENSATION MAGISTRATE’S COURT COSTS SCALE

1.Maximum amounts

Subject to clause 2 of this Schedule 3, the costs payable to a practitioner for each item described in column 2 of this Schedule 3 must not exceed the maximum amount opposite and corresponding to that item set out in column 5 of this Schedule 3.

2.Provision for complex matters

Where any matter in relation to which remuneration is prescribed under items 1-10 of this Schedule 3 is unusually complex, a practitioner is entitled to charge the remuneration which is reasonable in the circumstances.

Column
1

Column
2

Column
3

Column
4

Column
5

ITEM

DESCRIPTION

TIME
HOURS

FEE
EARNER

$

1

Initial attendance to take instructions including, where applicable, reviewing transcripts and preparation and lodgement of any Notice of Appeal or preparation of a response to an appeal (as the case may be).

 

 

 

 

 

2-8

 

 

 

 

 

CPL—SP

 

 

 

 

 

150-2,000

2

Attendance at court prior to hearing (including pre-trial conference, directions hearing or preliminary hearing) and including preparation for the conference.

 

 

 

 

1-3

 

 

 

 

CPL—SP

 

 

 

 

75-750

3

Appearances in Chambers not otherwise dealt with—per hour.

 

CPL

JP

SP

75

175

250

4

Particulars and discovery

(a)Providing discovery (where ordered).

(b)Providing particulars (where ordered).

 

 

0.5-2

 

0.5-2

 

 

CPL—SP

 

CPL—SP

 

 

38-500

 

38-500

 

(c)Preparing agreed statement of facts.

In respect of items (b) and (c), the fee includes filing, service and all copies.

 

0.5-2

 

CPL—SP

 

38-500

5

Preparing for hearing which involves getting up case for hearing and consists of all aspects not otherwise specified associated with preparing for the hearing, including, where applicable, taking statements from and proofing witnesses, advice on evidence and law and delivering brief to counsel, and includes Chambers applications to strike out an appeal, for a stay, for an extension of time in which to appeal, for an expedited hearing date or to enforce orders of the Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

2-10

 

 

 

 

 

 

 

 

 

 

 

 

 

CPL—SP

 

 

 

 

 

 

 

 

 

 

 

 

 

150-2,500

6

Hearing

(a)Counsel fee on hearing (includes preparation and first day of hearing).

(b)Counsel fee for second and each successive day of hearing.

 

 

 

3-12

 

2-8

 

 

 

CPL—SP

 

CPL—SP

 

 

 

225-3,000

 

150-2,000

 

(c)Counsel fee on hearing for second counsel (if certified for)—an allowance not exceeding two-thirds of the amounts that would have been allowed under items (a) and (b) if counsel had appeared alone.

Note: In relation to items (a), (b) and

 

 

 

 

(c), if the hearing—

(1) lasts less than 2 hours; or

(2)does not commence and is settled or adjourned on the day of hearing,

then the amount which is applicable under items (a), (b) and (c), will be the amount which is reasonable in the circumstances.

 

 

 

 

(d)Paralegal, clerk or practitioner attending hearing—per hour.

 

(e)Attending on a reserved judgment.

 

 

 

 

1-2

CPL

JP

SP

 

CPL—SP

75

175

250

 

75-500

7

Any other time necessarily spent not included in any item in this Scale—per hour.

 

CPL
JP

SP

75
175

250

8

Issuing and arranging service of witness summons including copies.

 

0.5-1

 

CPL

 

38-75

9

Taxation of costs

(a)Preparing bill of costs, including filing, service and copies.

(b)Attending on taxation—per hour.

 

 

 

0.5-1

 

 

CPL—JP

 

JP

 

 

38-175

 

175

10

Electronic communications and copying

(a)For each communication electronically transmitted or received—

irrespective of number of pages.

(b)For each photocopy—per page.

 

 

 

 

 

 

 

5.00

 

0.50

11

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.

 

 

Notes

1This is a compilation of Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003 as set out in the following Table.

Compilation table

Citation

Gazettal

Commencement

Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003

19 Feb 2003 p. 537-47

1 Mar 2003 (see cl. 2)