Regulations 1977 No. 6
Rules under the Court of Petty Sessions Ordinance 1930.*
| I, | R O B E R T | J A M E S | E L L I C O T T , | the | Attorney-General | of | the | Commonwea l th |
| of Australia, hereby make the following Rules under the Court of Petty | Sessions |
| Ordinance | 1930. |
Da ted this thirtieth day of March 1977.
Attorney-General .
| A M E N D M E N T | OF THE COURT | OF P E T T Y | SESSIONS |
| (SOLICITORS' | C O S T S ) | R U L E S T |
1. (1) T h e Cour t of Petty Sessions (Solicitors' Costs) Rules, as amended by
these Rules, apply to and in relation to complaints filed on or after 28 March
1977.
( 2 ) Notwithstanding the amendment effected by these Rules, the Court of Petty Sessions (Solicitors' Costs) Rules, as in force immediately before the com mencement of these Rules, continue to apply to and in relation to complaints filed before 28 March 1977.
2 . T h e Schedule to the Court of Petty Sessions (Solicitors' Costs) Rules is
repealed and the following Schedule substi tuted:—
THE SCHEDULE
SCALE OF SOLICITORS' COSTS
Where subject
| Where | matter |
| subject | |
| matter | |
| Item | exceed | exceed | exceeds |
| No . | Matter | $500 | $1,000 | $1,000 |
| I. | Letter before action | 2 .50 | 2 .50 | 3.75 |
| 2. | Preparing and filing complaint, including instructions |
| 3. | Request for particulars | 3.75 | 3.75 | 5.00 |
| 4. | Preparing further particulars where they are required | 5.00 | 7.50 | 10.00 |
| 5. | Notice to produce or admit and any other necessary or proper notice not otherwise provided for, including copies and service for each notice | 2 .50 | 5.00 | 7.50 |
| 6. | Summons for witness, including attending to issue | . . | 5.00 | 7.50 | 10.00 |
| 7. | Preparing, filing and serving notice of intention to |
* Notified in the Australian Government Gazette on 31 March 1977.
t For reference to the original Rules and amendments made before 1960 see footnote on p. 258 of Vol. I l l of
" Laws of the Australian Capital Territory 1911-1959". For later amendments see Regulations 1965, No . 10: and
THE SCHEDULE—continued
SCALE O F SOLICITORS' COSTS
Where subject
| Where | matter |
| subject | |
| matter | |
| Item | exceed | exceed | exceeds |
| N o . | Matter | $500 | $1,000 | 51,000 |
| 8. | Preparing defence to a default summons or notice of
special defence to an ordinary summons, including |
| filing and serving defence | . . | . . | 15.00 | 25.00 | 30.00 |
| 9. | Preparing case for complainant or defendant | 37.50 | 75.00 | 150,00 |
| 10. | Attending Court and conducting case or motion, if not |
contested—
| (a) | if the hearing does not last more than three |
| hours , per hour | . . | . . | 10.00 | 15.00 | 20.00 | |
(b) if the hearing exceeds three hours—
| (i) for each of the first three hours | . . | 10.00 | 15.00 | 20 .00 |
| (ii) for each hour after the first three hours | 7.50 | 15.00 | 15.00 |
11. Attending Court and conducting case or motion, if
contested—
| (a) | if the hearing does not last more than three |
| hours, per | hour | . . | . . | . . | 15.00 | 20.00 | 25 .00 | |
(b) if the hearing exceeds three hours—
| (i) for each of the first three hours | . . | 15.00 | 20,00 | 25.00 |
| (ii) for each hour after the first three hours | 7.50 | 15,00 | 15.00 |
| 12. | Attending to hear judgment if not contested | . . | 12,50 | 25.00 | 25.00 |
| 13. | Arranging settlement of action settled out of Court ,
including, in an appropriate case, attending Court to |
| obtain approval of the Court to settlement | , . | 12.50 | 25.00 | 25.00 |
| 14. | Attending Court to hear reserved judgment | . . | 7 .50 | 10.00 | 15.00 |
| 15. | Costs (to be included in amount of costs endorsed on
Warrant) of obtaining a Warrant of Execution, |
| including documents and attendances | . . | . . | 5.00 | 10.00 | 15.00 |
| 16. | Examination of judgment debtor as to debts owing to
him and as to his property, including application for |
| summons and preparing necessary documents | . . | 7 .50 | 15.00 | 20 .00 |
| 17. | Application for order under section 171 of the Ordi nance for attachment of debt including necessary notices and documents and obtaining Warrants | 10.00 | 20.00 | 25.00 |
| 18. | Application to the Court for order under Division 5 of
Part IX of the Ordinance, including all necessary
documents preparation of case and attendance at |
| Court | . . | . . | . . | . . | . . | 15.00 | 25.00 | 30.00 |
| 19. | Preparing and making any application to a Magistrate
or Clerk not otherwise provided for, including copies |
| of documents, filing and service | . . | . . | 7 .50 | 15.00 | 25.00 |