County Court (Chapter I Amendment No. 12) Rules 2003 (Vic)

County Court (Chapter I Amendment No. 12) Rules

2003

ts	S.R. No. 138/2003
n
e
m
u	TABLE OF PROVISIONS
c

o Rule Page

D	1.	Object	1
ry	2.	Authorising provisions	1
3.	Commencement	1
ta	4.	Principal Rules	1
5.	Substitution of Appendix A	2

n ═══════════════

e	ENDNOTES	34
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STATUTORY RULES 2003

ts	S.R. No. 138/2003
n
e	County Court Act 1958
m
u	County Court (Chapter I Amendment No. 12) Rules
c	2003
o
D	A majority of the Judges of the County Court makes the
ry	following Rules:
ta
n	1. Object
e	The object of these Rules is to substitute an
m	increased scale of costs to the Principal Rules.
ia
rl	2. Authorising provisions
a	These Rules are made under section 78 of the
P	County Court Act 1958 and all other enabling
d	powers.
n	3. Commencement
a
n	These Rules come into operation on 1 January
o
ti
2004.

4. Principal Rules

la

is In these Rules, the County Court Rules of

1

g	Procedure in Civil Proceedings 1999	are called
e	the Principal Rules.
L
n
a
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

5. Substitution of Appendix A

For Appendix A to the Principal Rules

ts	substitute—
n
e	'APPENDIX A
m
u	SCALE OF COSTS
c	Scale of Fees and costs to be paid to Counsel and Practitioners between party
o	and party and between Practitioner and Client.
D	The Judge, Registrar or other taxing officer shall have full discretion to allow
ry	any fee, cost or disbursement in full, or in part.
ta	In appropriate cases should the Judge, Registrar or other taxing officer
consider the fee, cost or disbursement provided by the scale to be inadequate
n	to compensate for the work actually done, the Judge, Registrar or other taxing
e	officer may allow an appropriate fee which in the circumstances is considered
m	to be fair and reasonable.

ia A B C D

rl	Over	Over
a	$7500	$20 000

P	Up to and	up to and	up to and
including	including	including Over

d	$7500	$20 000	$50 000	$50 000
n	$	$	$	$
a

Institution of proceedings

n

1.     Instructions to sue

o
ti

including letter before

la	action, preparation of
brief to and attendance
is	on counsel, preparation
g	of originating process,
e	statement of claim,
L	notice of defence and
copies, filing, attending
n	to service, and affidavit
a
ri	of service 357.00 466.00 511.00 564.00
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	Consent of litigation
c	guardian including,
o	preparation of
D	memorandum copies
and obtaining signature
ry	of litigation guardian 105.00 139.00 142.00 151.00

ta	2.	Instructions to defend,
n	including perusal of
e	statement of claim, and
filing of appearance 170.00 228.00 235.00 263.00
m	3.	Instructions to institute
ia
rl	or defend any original
proceeding or to appeal
a	or oppose an appeal
P	where not elsewhere
provided for 273.00 341.00 377.00 415.00
d
n	4.	Instructions to institute
a	or oppose any
interlocutory
n	proceeding, or
o
ti	instructions for special
affidavit where not
la	elsewhere provided for 47.00 72.00 72.00 72.00

is	Issues and Particulars
g	5. (a) Counterclaim or
e	third party notice
L	including
n	preparation of brief
to and attendance
a
ri	on counsel, copies,
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	If counterclaim or
c	third party notice
o	exceeds 10 folios
D	for each additional folio, such
ry	additional fees pursuant to item 26
ta	as appropriate
n	(b) Perusal of counterclaim or
e
m	third party notice
ia	and making copies 34.00 47.00 47.00 47.00
rl	Defence
a	6. (a) Any necessary
P	further pleading,
d	notice claiming
n	contribution or
a	indemnity,
including
n	preparation of brief
o
ti	to and attendance
on counsel, copies,
la	filing and service 114.00 157.00 170.00 191.00
is	If defence, any
necessary further
g	pleading or any
e	Notice claiming
L	contribution or
n	indemnity exceeds
a	8 folios, for each
ri	additional folio
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(b) Perusal of
c	Defence, any
o	necessary further
D	pleading, notice
claiming
ry	contribution or
ta	indemnity and
making copies 34.00 47.00 47.00 47.00

n	7.	Request for further
e	particulars including
m	special damages or
ia	preparation of further
rl	particulars or special
damages including
a	preparation of brief
P	attendance on counsel,
d	copies, filing, service,
n	perusal of further
a	particulars, or special
damages, or request,
n	and making copies
o
ti	thereof 156.00 191.00 201.00 226.00

la	Discovery
is	8. (a) Notice for

discovery including

g	copies, filing,
e	service, perusal of
L	affidavit of
documents, and
n
a	making copies
ri	thereof 84.00 114.00 140.00 151.00
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(b) Affidavit of
c	documents
o	including
D	instructions for
affidavit, copies,
ry	swearing, filing and
ta	service 235.00 303.00 341.00 377.00
If affidavit exceeds
n	10 folios for each
e	additional folio
m	such additional fees
ia	pursuant to item 26
rl	as appropriate
provided that the
a	Judge, Registrar or
P	other taxing officer
d	is satisfied in all the
n	circumstances that
a	it is fair and
reasonable to do so.
n	Interrogatories
o
ti	9. (a) Interrogatories for
la	examination of one
is	party including
instructions for
g	interrogatories,
e	preparation of brief
L	to and attendance
on counsel, copies,
n
a	filing, service,
ri	perusal of answers
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(b) Answers to interrogatories of
c
o	one party including
D	perusal of
interrogatories,
ry	instructions for
ta	answers,
preparation of brief
n	to and attendance
e	on counsel,
swearing, copies,
m	filing and service 477.00 613.00 679.00 751.00
ia
rl	Setting Down
a	10. (a) Certificate of
P	readiness including
letter requesting
d	certification, setting
n	down and service
a	of sealed copy 84.00 114.00 140.00 151.00
n	(b) Perusal of
o
ti	certificate of
readiness,
la	certification and
is	letter returning
certificate 38.00 64.00 73.00 77.00
g
e	11. (a) Notice of Trial,
L	copies, service and
filing 47.00 72.00 72.00 72.00
n	(b) Affidavit in support of setting down,
a
ri
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	Notices
c
o	12. (a) Notice to Admit

including preparing

D	of brief to and
ry	attendance on
counsel, copies,
ta	filing, service,
n	perusal of
e	admissions and
making copies
m	thereof 84.00 114.00 140.00 151.00
ia
rl	(b) Admissions (including perusal
a	of notice to admit
P	and making copies
thereof),
d	preparation of brief
n	to and attendance
a	on counsel, copies,
n	filing and service 170.00 225.00 235.00 263.00

o	13.	Notice of payment into
ti	Court, offer of
la	Compromise, or notice
is	of acceptance including
copies, filing and
g	service 72.00 105.00 105.00 105.00
e	14.	Any necessary notice
L	(including notices
n	before proceeding,
a	notice to Transport
ri	Accident Commission,
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	memorandum or
c	undertaking including
copies, filing or service,
o	where not elsewhere
D	provided for 72.00 105.00 105.00 105.00
ry	Preparation and Trial
ta	15. Callover—

n	Solicitor's attendance	72.00	84.00	105.00	105.00
e	Clerk's attendance	46.00	72.00	72.00	72.00
m

ia	Subpoena
rl	16. (a) Including filing,

copy for service

a attending to service 46.00 72.00 72.00 70.00

P (b) Each additional copy for service

d	2.90	2.90	2.90	2.90
n

a Expert Witnesses

17. (a) Arranging

n	examination or
o
ti	inspection by an
expert witness and
la	notifying party 46.00 72.00 72.00 72.00
is	(b) Notifying party of
g	examination or
e	inspection arranged
L	by opposite party 13.00 34.00 34.00 34.00
n	Advice of Counsel
a

ri	18.	Including brief,
attendance on counsel,
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u Conference with Counsel

c	19.	Appointing and
o	attending—
D	(a) Solicitor's attendance—

ry per hour 114.00 156.00 170.00 191.00

ta	(b) Clerk's
n	attendance—
e	per hour 72.00 84.00 105.00 105.00
m	Brief to View
ia

rl	20.	Including arranging
view, attendance on
a	counsel and attendance
P	at view 114.00 156.00 170.00 191.00
d	If attendance on view
n	exceeds half an hour for
a	each quarter hour
thereafter 13.00 34.00 34.00 34.00
n

o	Mediation and Case Conference
ti	20A. Counsel or solicitor
la	appearing at mediation
is	or case conference—
g	(a) Half day (3 hours

e or part thereof) 491.00 716.00 825.00 872.00

L (b) Hourly rate beyond

n	half-day	126.00	160.00	179.00	210.00
a

ri	(c) Daily maximum or if case settles
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	Solicitor appearing to
c	instruct at mediation or
o	case conference—
D	(d) Half day (3 hours

ry or part thereof) 236.00 303.00 341.00 377.00

ta (e) Hourly rate beyond

half-day 112.00 138.00 158.00 184.00

n	(f) Daily maximum	566.00	739.00	822.00	914.00
e
m	Notes

ia	(i) Sub-items (a),
rl	(b) and (c) are all inclusive and
a	include
P	preparation,
d	conference and
n	appearance
a	(ii) Despite anything
n	to the contrary in
o	item 29, the
ti	Registrar may allow a higher
la	fee for counsel
is	or solicitor
g	appearing at
e	mediation or
L	case conference
n	(iii) In circuit cases
a	a circuit fee
ri	may be allowed
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	opinion, having
c	regard to all the
o	circumstances,
D	the fees in item 20A are
ry	insufficient
ta	Directions hearing
n	20B. Counsel or solicitor
e	appearing at directions
m	hearing 136.00 227.00 227.00 227.00
ia	Instructions for Brief

rl	21.	For work necessarily
a	and properly done in
P	preparing for trial or hearing and not
d	otherwise provided for,
n	including—
a
(a) taking instructions

n	for examination of
o
ti	any party or
witness;
la	(b) considering the
is	facts and the law;
g	(c) attending on and
e	corresponding with
L	client;
n	(d) interviewing and
a	corresponding with
ri	witnesses and
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(e) arranging to obtain
c	reports or advice
o	from experts and
D	maps, plans, photographs and
ry	models;
ta	(f) making search in any public office
n	and elsewhere for
e	relevant
m	documents; (g) inspecting any
ia
rl	property or place
a	material to the
P	proceeding; (h) perusing relevant
d	documents;
n
a	(i) the general care and conduct of the
n	proceeding—not
o
ti	exceeding 1872.00 3745.00 5340.00 7633.00
la	Notes

is	A.	This item should begin
with a short statement
g	of—
e
L	(i) the main issues;
n	(ii) any particular

a	difficulties of fact
ri	or law;
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	B.	This should be followed
c	not by a chronological
o	narrative, but by an
D	analysis of the work done separated on the
ry	main headings appropriate to the
ta	subject matter. Under a
n	heading, for example,
e	"Attendances on and correspondence with
m	client" there should be
ia	included a statement of
rl	the number of
a	attendances on the
P	client, the total time occupied and the
d	number of letters sent,
n	but not the details of
a	every attendance or of
n	every letter.
o	However, where
ti	objection is lodged to
la	the stated number of letters or attendances,
is	the practitioner lodging
g	the bill for taxation
e	must remove from his
L	file the attendance notes and copy letters
n	claimed, and be in a
a
ri	position to produce same in chronological
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	If a Judge or Registrar
c	in respect of a party-
o	party bill of costs or the
D	Taxing Master on the taxation of a solicitor-
ry	client bill of costs considers that the
ta	maximum amount
n	provided for in this
e	item is not sufficient remuneration for the
m	care and conduct
ia	including skill and
rl	responsibility involved
a	throughout the course
P	of proceedings and in obtaining instructions
d	for brief or briefnotes
n	then the Judge,
a	Registrar or Taxing
n	Master may allow such
o	amount in excess of the
ti	scale or give such directions that in all the
la	circumstances are fair
is	and reasonable
g	Brief to counsel to appear

e	22.	Including attendance on
L	counsel 72.00 84.00 105.00 105.00

n	Attending court
a
ri	23. (a) (i) Solicitor or
to
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County Court (Chapter I Amendment No. 12) Rules 2003

r. 5

S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(ii) Clerk with
c	counsel—per
o	half day 180.00 228.00 253.00 279.00
D	(iii) Solicitor
ry	without
counsel—per

ta	day (iv) If proceeding	711.00	915.00	1009.00	1117.00
n

e	in list for
m	hearing but
not reached 84.00 114.00 140.00 151.00
ia

rl	(v)	Additional
Solicitor or
a	managing
P	clerk (if
d	certified by
n	trial Judge)—
a	discretionary fee

n	(b) Pre-Trial Conference—
o
ti
la	(i) solicitor or
is	managing
clerk with
g	counsel 235.00 303.00 341.00 377.00
e	(ii) solicitor
L	without
n	counsel 357.00 461.00 510.00 562.00
a
ri	Solicitor or managing
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m	each day of absence
u	from office—
c	discretionary additional
o	fee
D

Brief to hear judgment

ry	24. (a) Including receiving
ta	advice of date
n	fixed, attendance
e	on counsel and
attendance to hear
m	judgment 114.00 156.00 170.00 191.00
ia	(b) Brief (or brief notes for solicitor) for
rl
a	any unopposed
P	application or
adjournment
d	(where not
n	otherwise provided
a	for) including
n	attendance to apply 114.00 156.00 170.00 191.00
o
ti	Costs of the Day
la	25. Including—
is	(a) Practitioner for attending Court
g	where no counsel
e	employed 289.00 377.00 414.00 452.00
L	(b) Attending with
n	counsel—
a
ri	(i) Clerk 140.00 191.00 201.00 226.00
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u (c) Counsel's fees 497.00 746.00 835.00 918.00

c	Note: These allowances shall be in
o	addition to other items thrown away
D
Documents
ry	26. (a) Drawing any
ta	necessary
n	documents where
e	not otherwise
provided for—per
m	folio 9.20 9.20 9.20 9.20
ia
rl	(b) Engrossing or

typing any

a	necessary
P	document where
not otherwise
d	provided for—per
n	folio 7.20 7.20 7.20 7.20
a

(c) Copies—any necessary carbon,

n
o

ti	photo or machine
made copy—where
la	not otherwise
is	provided for—per
page 1.80 1.80 1.80 1.80
g
e	(d) Perusals of any
L	necessary letter,
document or part of
n	a document (not
a
ri	otherwise provided
for)—per folio 3.70 3.70 3.70 3.70
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(e) Examination or scanning any
c
o	document which it
D	is not necessary to
peruse (not
ry	otherwise provided
ta	for)—per page 2.80 2.80 2.80 2.80
n	(f) Applications
e	including copies,
issuing and filing 84.00 105.00 105.00 105.00
m	(g) Affidavit of service including swearing,
ia

rl copies and filing 34.00 34.00 34.00 34.00

a	(h) Any necessary affidavit (not
P
d	otherwise provided
n	for) including
a	preparation, copies,
swearing, filing and
n	service 235.00 303.00 341.00 377.00
o
ti	(i) Fax or e-mail
la	transmission or
receipt if urgent
is	and necessary in
g	the discretion of the
Registrar 9.70 9.70 9.70 9.70
e
L	Letters
n	27. (a) Any necessary
a	letter (including
ri	agency letters) 22.00 28.00 32.00 34.00
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u Attendances

c	28.	Any necessary
o	attendance not
D	otherwise provided for
ry	(including attendance on witness to arrange
ta	appearance without
n	subpoena, or to cancel
e	such appearance)—
(a) Which is capable of being made by a
m

ia	clerk—per quarter
rl	hour 15.00 26.00 28.00 30.00
a	(b) Which requires the personal attention
P
d	of the solicitor or
n	managing clerk and
a	involves the
exercise of skill or
n	legal knowledge—
o
ti	per quarter hour 32.00 34.00 34.00 40.00

(c) Service by post 15.00 34.00 34.00 34.00

la

is (d) Personal service 53.00 53.00 53.00 53.00

Service of any

g

e	document where
necessary, and not
L	able to be served by
n	post.
a
ri	Where it is judged
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	regard to the time
c	taken, the distance
o	travelled and any
D	other necessary expense incurred
ry	(e) Attempted service
ta	Where more than
n	one attendance is
e	necessary to effect
m	service, or to
ia	ground an
rl	application for
substituted service,
a	for each necessary
P	attendance 32.00 32.00 32.00 32.00
d	(f) Service by leaving
n	Service of a
a	document on party
n	by filing or leaving
o	at the office of his
ti	solicitor or other
address for service,
la	where that mode of
is	service is necessary 24.00 24.00 24.00 24.00
g	Fees to Counsel

e	29.	(Note: No fee to
L	counsel is to be allowed
n	unless vouched by the
a	signature of counsel or
ri	his clerk)—
to
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(a) For drawing
c	pleadings or
o	settling any
D	necessary
document including
ry	Statement of
Claim, Defence,
ta	Interrogatories, etc. 129.00 160.00 179.00 210.00
n	(b) (i) To advise on
e	evidence or for
m	opinion 129.00 195.00 210.00 235.00
ia	(ii) Advice on
rl	Pre-Trial
a	Conference 195.00 288.00 313.00 355.00
P	(c) Conference on

d view—per hour 129.00 160.00 179.00 210.00

n	(d) Pre-Trial Conference with
a
n	Registrar (e) Brief to hear 363.00 472.00 525.00 579.00
o
ti	Judgment or for
la	any application in a
is	proceeding 275.00 314.00 345.00 345.00
g	(f) Brief on Trial—
e	(i) Property,
L	Personal

n	Injuries (ii) Commercial	893.00	1324.00	1468.00	1541.00
a

ri	Causes	1541.00
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u (ii) Commercial

c Causes 1026.00

o	Any allowance for
D	a refresher fee is to be calculated in
ry	the manner set out
ta	in Rule 63A.82(3)
n	(h) (i) In circuit cases,
e	a circuit fee may be allowed and
m	the amount
ia	thereof fixed by
rl	order of the
a	Judge, in accordance with
P	the First
d	Schedule of this
n	scale, if, in his
a	opinion (having regard to all the
n	circumstances,
o
ti	including travelling
la	expenses, living
is	expenses and absence from
g	Chambers) the
e	scale fee is
L	insufficient but
n	the total amount
a	of the scale fee
ri	and the circuit
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(ii) In any case
c	where a
o	refresher is
D	certified for, a further circuit
ry	fee may be allowed in
ta	accordance with
n	the First
e	Schedule in this scale.
m
ia	(iii) Where in any
rl	such case the Judge certifies
a	for two counsel,
P	all reasonable
d	and necessary
n	attendances and
a	copies
additional to
n	those which
o	would have
ti	been necessary
la	had only one counsel been
is	employed shall
g	be allowed.
e	(iv) In any
L	proceeding or
n	matter
a	notwithstanding
ri	anything
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	trial Judge
c	ONLY may on
o	application
D	allow such higher fee for
ry	counsel (including more
ta	than one
n	counsel) as he
e	thinks fit.

m	(v)	Despite
ia	anything
rl	contained in these Rules—
a

P	(A) where a trial has
d	commenced,
n	the Judge
a	ONLY may
n	allow such
o	higher fee
ti	for counsel for the trial
la	and may
is	allow fees for more
g	than one
e	counsel as
L	the Judge
n	thinks fit,
a	save that this
ri	sub-item
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(B) where no
c	trial has
o	commenced,
D	the Registrar or other
ry	taxing officer may
ta	allow such
n	higher fee
e	for counsel and may
m	allow fees
ia	for more
rl	than one
a	counsel as
P	the Registrar or other
d	taxing
n	officer
a	thinks fit
n	(vi) Undefended
o	proceedings (see
ti	item 38)
la	Practice Court

is	30.	Application for order
g	for substituted service
e	(not including fees of
L	advertising) 414.00 492.00 544.00 599.00
n	31.	Application for Leave
a	to Proceed 156.00 191.00 223.00 243.00
ri
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	(b) Claimant—solicitor with or without
c

o counsel appearing 505.00 591.00 639.00 692.00

D	(c) Creditor—solicitor
ry	with or without
counsel appearing 505.00 591.00 639.00 692.00
ta	Other Applications in Proceedings
n
e	33. (a) Applicants costs—

solicitor with or

m	without counsel
ia	appearing 551.00 651.00 701.00 757.00
rl	(b) Respondents
a	costs—solicitor
P	with or without
counsel appearing 505.00 604.00 651.00 707.00
d
n	Summons to Debtor
a	34. (a) Judgment Creditor
n	on hearing—
o
ti
solicitor with or
without counsel
la	appearing 551.00 651.00 701.00 757.00
is	(b) costs of adjournment—
g	solicitor with or
e	without counsel
L	appearing 400.00 468.00 505.00 542.00
n	The costs in items
a	30–34 are inclusive
ri	of counsel's fees,
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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	application. These
c	costs are subject to
o	increase or
D	reduction at the discretion of the
ry	Court. Such costs include the
ta	summons,
n	affidavit in
e	support, one affidavit of
m	service,
ia	preparation,
rl	signing, service
a	and filing of the
P	order where appropriate.
d
n	Miscellaneous

a	35.	Registration of
interstate Judgment 72.00 105.00 105.00 105.00
n
o	36.	Warrant of execution 72.00 105.00 105.00 105.00
ti	37.	Upon entering default
la	judgment, including
is	instructions to sue,
g	letter before action,
e	preparation of
L	originating process and
statement of claim,
n	including copies,
a
ri	issuing, arranging for
service, affidavit of
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u Undefended proceedings

c	38.	Upon judgment in any
o	proceeding where the
D	defendant has not
ry	participated throughout
the course of the
ta	proceeding, including
n	originating process,
e	statement of claim,
issue and service fees,
m	setting down, fixing
ia	proceeding for trial,
rl	arranging attendance of
witnesses at court,
a	witnesses expenses,
P	instructions for and
d	preparing of brief,
n	attending counsel
a	therewith, appointing
and attending pre-trial
n	conference, attendance
o	at Court and fees to
ti	counsel for both trial
la	and conference 2395.00 3253.00 3589.00 3944.00
is	For the purpose of this
item the fees payable to
g	counsel which are
e	included in the above
L	amounts are:
n
a
A B C D
ri	$ $ $ $
535.00 977.00 1110.00 1176.00
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

A B C D

Over	Over
$7500	$20 000

ts	Up to and	up to and	up to and
including	including	including Over

n	$7500	$20 000	$50 000	$50 000
e

$ $ $ $

m

u	Should any unusual or
c	abnormally large
o	disbursement have
D	necessarily been made in addition to those
ry	mentioned above, the Judge may on
ta	application made to him
n	at the trial allow an
e	appropriate additional amount.
m

ia	39.	In addition to the
rl	allowance of any disbursement
a	hereinbefore provided,
P	the Registrar or other
d	taxing officer may
n	allow any
a	disbursements
necessarily or properly
n	made in the course of
o
ti	the proceeding.

la	Rating Appeals
is	1. As to all items and charges under this heading, as far as practicable Scale "A" shall apply where the annual value appealed against is up to
g	and including $1000 and Scale "B" where the annual value appealed
e	against is over $1000.
L

2.       Whenever any rating appeal case is, in the opinion of the presiding

n	Judge, of such a special important nature that the fees above specified
a
ri	would not be a fair and reasonable remuneration for the trouble, care,
skill and expense necessarily involved in the proper preparation and
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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

Witnesses' Expenses

Witnesses giving evidence in an expert or professional capacity,

$136.00–$272.00 per hour or part thereof, not exceeding $1701.00 per day.

ts	Persons not referred to in the preceding paragraph who are engaged in
n	business as principals on their own behalf $284.00 per half day or part
e	thereof but not in any event to exceed $510.00 in any one day.
m	Other witnesses—$85.00 per day, provided that a witness who receives
u	wages, salary, remuneration or fees may be allowed the amount actually lost
c	by reason of attendance not exceeding $510.00 per day.
o
Travelling expenses, if witnesses residence or place of business is more than
D	seven kilometres from place of hearing, the sum reasonably and actually paid.
ry	Witnesses attending in more than one case will be entitled to a proportionate
ta	part only in each case.
n	Professional, scientific or expert witnesses, for time necessarily occupied in
e	qualifying to give evidence, to be allowed such reasonable sum as was necessarily and properly incurred.
m
ia	Meals and Accommodation of Witnesses
rl	A reasonable sum to be fixed by the Registrar.
a	In cases in which it is considered reasonable to bring heavy or bulky articles
P	to court or the precincts of the court as exhibits or for inspection by Judge or
d	Jury, a reasonable sum may be allowed for costs of conveyance or transport.
n	Interpreter Allowances
a	(a) Attending professional scientific or expert witnesses qualifying to give
n	evidence attending conference with solicitor or counsel $58.00, or for
o
ti	each hour $39.00 but not in any event to exceed $245.00 in any one day.

(b) Attending court where the period of absence from the place of business

la	or residence is four hours or less, $141.00, and for each hour or part
is	thereof in excess of four hours, $39.00, but not in any event to exceed
g	$245.00 in any one day.
e	Travelling Accommodation and Meals
L	A reasonable sum to be fixed by the Registrar.
n
a
ri

__________________

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County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

FIRST SCHEDULE

ts	CIRCUIT FEES
n
e	Further fee for each

Circuit Town Fee for first six hours five hours thereafter

m

u $ $

c	Bairnsdale	354.00	235.00
o
Ballarat	227.00	153.00
D
Bendigo	268.00	178.00
ry	Geelong	193.00	124.00
ta	Hamilton	369.00	246.00
n
e	Horsham	369.00	246.00
m	Mildura	450.00	299.00
ia	Morwell	271.00	178.00
rl	Sale	320.00	211.00
a
P	Shepparton	308.00	207.00
d	Wangaratta	339.00	224.00
n	Warrnambool	354.00	235.00
a	Wodonga	369.00	246.00
n

o	Note: Any circuit fee allowed under item 29(h)(i) shall be in accordance
ti	with this Schedule, provided that not more than one such further
la	circuit fee will be allowed in any one day in relation to any one proceeding or matter.'.
is
g	Dated: 20 November 2003
e	MICHAEL ROZENES, Chief Judge M. HIGGINS
L
F. G. DYETT LESLIE C. ROSS
n
a	W. M. R. KELLY E. H. CURTAIN
ri	L. S. OSTROWSKI R. G. WILLIAMS
to	J. T. DUGGAN FRED DAVEY
ic	T. A. NEESHAM STUART CAMPBELL
V
J. R. HANLON M. G. McINERNEY

County Court (Chapter I Amendment No. 12) Rules 2003

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S.R. No. 138/2003

T. G. WODAK	JOHN BOWMAN
WILLIAM R. WHITE	R. LEWITAN

ts	MARILYN HARBISON	F. E. HOGAN
n
e	CAROLYN DOUGLAS	M. P. BOURKE
m	TIM WOOD	P. J. COISH
u	IAN C. ROBERTSON	K. R. HOWIE
c
o	LANSELL PILGRIM	J. A. CAMPTON
D	P. D. JENKINS	R. F. PUNSHON
ry	B. J. KING	W. A. WILMOTH

ta	═══════════════
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County Court (Chapter I Amendment No. 12) Rules 2003

Endnotes

S.R. No. 138/2003

ENDNOTES

ts	1 Rule 4: S.R. No. 20/1999. Reprint (No. 2) incorporating amendments as at
n	13 March 2003. Subsequently amended by S.R. No. 109/2003.
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