County Court (Chapter I Amendment No. 27) Rules 1996 (Vic)

County Court (Chapter I Amendment No. 27) Rules

1996

S.R. No. 56/1996

TABLE OF PROVISIONS

Regulation Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Amendment of Rule 63A.34A	1
6.	Amendment to Appendix A	2

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NOTES 7

i

STATUTORY RULES 1996

S.R. No. 56/1996

County Court Act 1958

County Court (Chapter I Amendment No. 27) Rules
1996

A majority of the Judges of the County Court makes the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 78 of the powers.

3. Commencement

These Rules come into operation on 1 July 1996.

4. Principal Rules

In these Rules, the 1County Court Rules of the Principal Rules.

5. Amendment of Rule 63A.34A

In Rule 63A.34A of the Principal Rules, for
paragraph (1)(a) substitute—

"(a) Subject to the provisions of these Rules, all

costs taxed by the Registrar shall be taxed as
follows:

County Court (Chapter I Amendment No. 27) Rules 1996

r. 6 S.R. No. 56/1996

(i)

as to all business done on or after 1 July contained in Appendix A to these Rules;

(ii)  As to all business done before 1 July 1996, according to the Scale of Costs in use in the Court at the time the costs were incurred.".

6. Amendment to Appendix A

In Appendix A to the Principal Rules—

(a) for sub-items 20A(a), (b) and (c) substitute—

"(a)	Half day (3 hours
or part thereof) 330.00 480.00 554.00 586.00
(b)	Hourly rate beyond
half-day 87.00 107.00 120.00 141.00
(c)	Daily maximum or
if case settles
within the day 598.00 888.00 984.00 1033.00";

(b) for sub-item 25(c) substitute—

"(c) Counsel's fees 335.00 501.00 560.00 615.00";

(c) for sub-items 29(a) to (g) (inclusive) substitute—

"Fees to Counsel

29.       (Note: No fee to counsel is to be allowed unless vouched by the signature of counsel or his clerk)—

(a)	For drawing
pleadings or
settling any

necessary document

including Statement
of Claim, Defence,

Interrogatories, etc.

County Court (Chapter I Amendment No. 27) Rules 1996

r. 6

S.	R. No. 56/1996
87.00 107.00 120.00 141.00

(b)	(i)	To advise
on evidence
or for
opinion 87.00 131.00 141.00 157.00
(ii)	Advice on
Pre-Trial
Conference 131.00 194.00 209.00 238.00

(c) Conference or view 87.00 107.00 120.00 141.00

(d) Pre-Trial

Conference with

Registrar 244.00 316.00 351.00 386.00

(e) Brief to hear

judgment or for any application in a proceeding 94.00 120.00 141.00 141.00

(f)	Brief on Trial:
(i) Property,

Personal

Injuries 598.00 888.00 (i) 1033.00

984.00

(ii)

1033.00

(ii)	Commercial Causes
(g)	Refresher fee:
(i) Property,

Personal

Injuries 398.00 589.00 (i) 689.00

655.00

(ii)

689.00

(ii) Commercial
Causes

County Court (Chapter I Amendment No. 27) Rules 1996

r. 6 S.R. No. 56/1996

Any allowance for a refresher fee is to be calculated in the manner set out in Rule 63A.82 (3)";

(c) for item 38 substitute—

"Undefended
proceedings

38. Upon judgment in

any	proceeding
where	the

defendant has not
participated

throughout the

course of the

proceeding,
including
originating process,
statement of claim,
issue and service

fees, setting down,

fixing proceeding

for trial, arranging

attendances of

witnesses at Court, witnesses expenses, instructions for and preparation of brief,

attending	counsel
therewith,
appointing	and

attending Pre-Trial
Conference,

attendance at Court and fees to counsel for both trial and conference 1703.00 2302.00 2538.00 2790.00

County Court (Chapter I Amendment No. 27) Rules 1996

S.R. No. 56/1996 r. 6

For the purpose of this item the fees payable to counsel, which are included

in the above

amounts are:

A	B	C	D
$	$	$	$
358.00	656.00	744.00	788.00

Should any unusual or abnormally large

disbursement	have
necessarily	been

made in addition to

those mentioned

above, the Judge may on application made to him at the trial allow an appropriate additional amount.".

Dated: 25 June 1996

G. R. D. WALDRON,CJ	J. H. BARNETT
J. R. O'SHEA	JOHN DEE
BRUCE McNAB	MURRAY KELLAM
F. G. DYETT	E. H. CURTAIN
L. S. OSTROWSKI	R. G. WILLIAMS
J. T. DUGGAN	FRED DAVEY
L. R. HART	STUART CAMPBELL
T. A. NEESHAM	DAVID MORROW
R. P. L. LEWIS	M. G. McINERNEY
B. STOTT	MARGARET RIZKALLA
A. F. SMITH	T. G. WODAK

County Court (Chapter I Amendment No. 27) Rules 1996

r. 6 S.R. No. 56/1996

F. J. SHELTON	S. P. GEBHARDT
MARILYN HARBISON

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County Court (Chapter I Amendment No. 27) Rules 1996

S.R. No. 56/1996

NOTES

1     S.R. No. 49/1989. Reprinted (No. 2) to S.R. No. 47/1995 and subsequently amended by S.R. Nos 146/1995, 169/1995 and 34/1996.