County Court (Chapter I Amendment No. 28) Rules 1996 (Vic)
County Court (Chapter I Amendment No. 28) Rules
1996
S.R. No. 165/1996
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Amendment of Rule 1.13 1 6. New Rule 1.19 inserted 2
1. 19 Continuation of address for service 2
7. New Rule 29.15 inserted 2
29. 15 Continuing obligation to make discovery 2
8. Amendment of Rule 34A.10 2 9. New Rule 34A.17.1 inserted 2
34A. 17.1 Discovery other than by affidavit 2
10. Amendment of Rule 34A.24 3 11. Amendment of Rule 34A.26 3 12. Amendment of Rule 63A.34A 3 13. Amendment of Rule 72.01 3 14. Substitution of Appendix A 4 FIRST SCHEDULE—CIRCUIT FEES 26 15. Amendment to Form 2-11C of Chapter II 27
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NOTES 28
i
STATUTORY RULES 1996
S.R. No. 165/1996
County Court Act 1958
County Court (Chapter I Amendment No. 28) 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 and to amend a form in Chapter II of the Rules of the County Court.
2. Authorising provisions
These Rules are made under section 78 of the powers.
3. Commencement
These Rules come into operation on 1 January
1997.
4. Principal Rules
In these Rules, the County Court Rules of the Principal Rules.
5. Amendment of Rule 1.13
In Rule 1.13(1) of the Principal Rules insert the
following definition—' "solicitor" means a legal practitioner within the
meaning of the Legal Practice Act 1996 not
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being a legal practitioner who practises as a
barrister only;'.
6. New Rule 1.19 inserted
After Rule 1.18 of the Principal Rules insert—
"1.19 Continuation of address for service
Subject to these Rules, where in relation to a proceeding a party has an address for service under these Rules, that is the address for
service of the party until the conclusion of
the proceeding whether at first instance or onappeal.".
7. New Rule 29.15 inserted
After Rule 29.14 of the Principal Rules insert—
"29.15 Continuing obligation to make discovery
A party who has made an affidavit of
documents is under a continuing obligation
to make discovery of documents with respect
to documents of which the party obtainspossession after making the affidavit.".
8. Amendment of Rule 34A.10
In Rule 34A.10(2) of the Principal Rules after
"Court" insert "after the commencement of thisOrder,".
9. New Rule 34A.17.1 inserted
After Rule 34.A.17 insert—
"34A.17.1 Discovery other than by affidavit
Rule 29.15 shall, with any necessary modification, apply where a party has by order of the Court, or with the consent of
County Court (Chapter I Amendment No. 28) Rules 1996
S.R. No. 165/1996 r. 10 another party, given discovery of documents
other than by making an affidavit ofdocuments.".
10. Amendment of Rule 34A.24
In Rule 34A.24(1) of the Principal Rules for "Not less than" substitute "Unless the Court or the Judge in charge of the list or division of a list otherwise orders, not less than".
11. Amendment of Rule 34A.26
In Rule 34A.26 of the Principal Rules omit "in a list".
12. Amendment of Rule 63A.34A
For 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:(i) As to all business done on or after 1 January 1997, according to the Scale of Costs contained in Appendix A to these Rules.
(ii) As to all business done before 1 January 1997, according to the Scale of Costs in use in the Court at the time the costs were incurred.".
13. Amendment of Rule 72.01
In Rule 72.01 of the Principal Rules, in the definition of "earnings", for "Commonwealth Acts known as the Social Security Act 1947 as amended from time to time, the Veterans' Entitlements Act 1920 as amended from time to time or the Seamen's War Pensions and Allowances Act 1940 as amended from time to time" substitute "Social Security Act 1991 of the
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Commonwealth or the Veterans' Entitlements Act
1986 of the Commonwealth".
14. Substitution of Appendix A
For Appendix A to the Principal Rules substitute—
'APPENDIX A Scale of Costs
Scale of Fees and costs to be paid to Counsel and Practitioners between party and party and between Practitioner and Client.
The Judge, Registrar or other taxing officer shall have full discretion to allow any fee, cost or disbursement in full, or in part.
In appropriate cases should the Judge, Registrar or other taxing officer consider the fee, cost or disbursement provided by the scale to be inadequate to compensate for the work actually done, the Judge, Registrar or other taxing officer may allow an appropriate fee which in the circumstances is considered to be fair and reasonable.
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Institution of proceedings
1. Instructions to sue including letter before
action, preparation of brief
to and attendance on
counsel, preparation of
originating process,
statement of claim, notice of
defence and copies, filing,
attending to service, and
affidavit of service 269.00 350.00 385.00 425.00
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S.R. No. 165/1996 r. 14
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
If Statement of Claim
exceeds 10 folios for each
additional folio such
additional fees pursuant to
item 26 as appropriateConsent of litigation guardian including, preparation of memorandum
copies and obtaining signature of litigation guardian
79.00
106.00
108.00
114.00
2. Instructions to defend, including perusal of
statement of claim, and filing of appearance 128.00 172.00 177.00 198.00 3. Instructions to institute or defend any
original proceeding or to appeal or oppose an appeal where not elsewhere provided for 205.00 257.00 284.00 313.00 4. Instructions to institute or oppose any
interlocutory proceeding, or instructions for special affidavit where not elsewhere provided for 35.00 53.00 53.00 53.00 Issues and Particulars 5. (a) Counterclaim or third party notice including preparation of brief to and attendance on counsel, copies, filing and service 143.00 191.00 205.00 226.00
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
If counterclaim or third party notice exceeds 10 folios for each additional
folio, such additional fees
pursuant to item 26 asappropriate
(b) Perusal of counterclaim or third party
notice and making copies 26.00 35.00 35.00 35.00 Defence 6. (a) Any necessary further pleading, notice claiming contribution or indemnity, including preparation of
brief to and attendance on counsel, copies, filing and service
87.00
117.00
128.00
143.00
If defence, any necessary
further pleading or any
Notice claiming contribution
or indemnity exceeds 8
folios, for each additional
folio such additional fees
pursuant to item 26 as
appropriate(b) Perusal of defence, any necessary further
pleading, notice claiming contribution or indemnity and making copies
26.00
35.00
35.00
35.00
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S.R. No. 165/1996 r. 14
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
7. Request for further
particulars including special
damages or preparation of
further particulars or special
damages including
preparation of brief
attendance on counsel,
copies, filing, service,
perusal of further
particulars, or special
damages, or request, and
making copies thereof116.00 143.00 152.00 170.00 Discovery 8. (a) Notice for discovery including copies, filing, service, perusal of affidavit of documents, and making copies thereof
63.00
87.00
106.00
114.00
(b) Affidavit of documents including
instructions for affidavit, copies, swearing, filing and service 177.00 228.00 257.00 284.00 If affidavit exceeds 10 folios
for each additional folio
such additional fees
pursuant to item 26 as
appropriate provided that
the Judge, Registrar or other
taxing officer is satisfied in
all the circumstances that it
is fair and reasonable to do
so.
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Interrogatories
9. (a) Interrogatories for examination of one party including instructions for interrogatories, preparation
of brief to and attendance on
counsel, copies, filing,
service, perusal of answers
to interrogatories and
making copies thereof 177.00 228.00 257.00 284.00 (b) Answers to interrogatories of one party
including perusal of interrogatories, instructions for answers, preparation of brief to and attendance on counsel, swearing, copies, filing and service
359.00
461.00
512.00
564.00
Setting Down 10. (a) Certificate of readiness including letter requesting certification, setting down and service of
sealed copy 63.00 87.00 106.00 114.00 (b) Perusal of certificate of readiness, certification
and letter returning certificate 30.00 49.00 54.00 58.00 11. (a) Notice of Trial, copies, service and filing 35.00 53.00 53.00
53. 00 (b) Affidavit in support of setting down, swearing
and filing 53.00 63.00 79.00 84.00
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S.R. No. 165/1996 r. 14
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Notices
12. (a) Notice to Admit including preparation of brief to and attendance on
counsel, copies, filing,
service, perusal of
admissions and making
copies thereof 63.00 87.00 106.00 114.00 (b) Admissions
(including perusal of notice to admit and making copies thereof), preparation of brief to and attendance on
counsel, copies, filing and
service 128.00 169.00 177.00 198.00 13. Notice of payment into Court, Offer of Compromise, or notice of acceptance including copies, filing and service 53.00 79.00 79.00 79.00 14. Any necessary notice (including notices before proceeding, notice to
Transport Accident Commission, Incorporated Nominal Defendant and any other statutory notice when required), memorandum or undertaking including
copies, filing or service, where not elsewhere provided for 53.00 79.00 79.00 79.00 Preparation and Trial
15. Callover—Solicitor's attendance 53.00 63.00 79.00 79.00 Clerk's attendance 34.00 53.00 53.00 53.00
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Subpoena
16. (a) Including filing,
copy for service attending to
service 34.00 53.00 53.00 53.00 (b) Each additional copy
for service 2.20 2.20 2.20 2.20 Expert Witnesses 17. (a) Arranging examination or inspection
by an expert witness and notifying party 34.00 53.00 53.00 53.00 (b) Notifying party of examination or inspection
arranged by opposite party 10.60 26.00 26.00 26.00 Advice of Counsel 18. Including brief, attendance on counsel,
perusal and advice 87.00 116.00 128.00 143.00 Conference with Counsel
19. Appointing and
attending—(a) Solicitor's attendance—per hour
87.00
116.00
128.00
143.00
(b) Clerk's attendance— per hour
53.00
63.00
79.00
79.00
Brief to View 20. Including arranging view, attendance on counsel and attendance at view 87.00 116.00 128.00 143.00 If attendance on view exceeds half an hour for each quarter hour thereafter 10.70 26.00 26.00 26.00
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S.R. No. 165/1996 r. 14
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Mediation
20A. Counsel or solicitor
appearing at mediation(a) Half day (3 hours or
part thereof) 335.00 488.00 563.00 595.00 (b) Hourly rate beyond half-day 88.00 109.00 122.00 143.00 (c) Daily maximum or if case settles within the day 608.00 902.00 1000.00 1050.00 Solicitor appearing to instruct at mediation
(d) Half day (3 hours or part thereof) 177.00 228.00 257.00 284.00 (e) Hourly rate beyond half-day 85.00 104.00 118.00 137.00 (f) Daily maximum 427.00 557.00 619.00 687.00 Notes
(i) Sub-items (a), (b) and
(c) are all inclusive and
include preparation,
conference and appearance
(ii) Despite item 29(h)(iv),
the Registrar may allow a
higher fee for counsel or
solicitor appearing at
mediation
(iii) In circuit cases a circuit
fee may be allowed by the
Registrar in accordance with
the First Schedule if in his
opinion, having regard to all
the circumstances, the fees
in item 20A are insufficient
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Directions hearing
20B. Counsel or solicitor
appearing at directions
hearing 92.00 156.00 156.00 156.00 Instructions for Brief
21. For work necessarily
and properly done in
preparing for trial or hearing
and not otherwise provided
for, including—(a) taking instructions for examination of any party or witness; (b) considering the facts and the law; (c) attending on and corresponding with client; (d) interviewing and corresponding with witnesses and taking proofs of their evidence; (e) arranging to obtain reports or advice from experts and maps, plans,
photographs and models; (f) making search in any public office and elsewhere
for relevant documents; (g) inspecting any property or place material to the proceeding; (h) perusing relevant documents; (i) the general care and conduct of the proceeding— not exceeding 1410.00 2818.00 4020.00 5745.00
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Notes with a short statement of—
(i) the main issues;
(ii) any particular
difficulties of fact or law;
(iii) any special skill,
knowledge or responsibilityrequired.
B. This should be followed
not by a chronological
narrative, but by an analysis
of the work done separated
on the main headings
appropriate to the subject
matter. Under a heading,
for example, "Attendances
on and correspondence with
client" there should be
included a statement of the
number of attendances on
the client, the total time
occupied and the number of
letters sent, but not the
details of every attendance
or of every letter.However where objection is lodged to the stated number of letters or attendances, the practitioner lodging the bill for taxation must remove
from his file the attendance
notes and copy letters
claimed, and be in a
position to produce same in
chronological order at the
taxation.
County Court (Chapter I Amendment No. 28) Rules 1996
S.R. No. 165/1996
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
If by reason of any special
circumstances any party
considers that the maximum
amount provided for in this
item is not sufficient
remuneration for the care
and conduct including skill
and responsibility involved
throughout the course of
proceedings and in
obtaining instructions for
brief or brief notes the party
may apply for remuneration
in excess of this item to a
Judge or Registrar in respect
of a party-party bill of costs
or to the Taxing Master on
the taxation of a solicitor-
client bill of costs and the
Judge, Registrar or Taxing
Master may allow an
amount in excess of the
scale or give such directions
as is in all the circumstances
considered fair andreasonable.
Brief to counsel to appear 22. Including attendance on counsel
53.00
63.00
79.00
79.00
Attending Court 23. (a) (i) Solicitor or managing clerk with counsel—per half day
177.00
228.00
257.00
284.00
(ii) Clerk with counsel—per half day
136.00
172.00
191.00
211.00
(iii) Solicitor without counsel—per half day
535.00
688.00
761.00
841.00
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S.R. No. 165/1996 r. 14
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
(iv) If proceeding in list for hearing but not
reached 63.00 87.00 106.00 114.00 (v) Additional
solicitor or managing clerk
(if certified by trial
Judge)—discretionary fee(b) Pre-Trial Conference— (i) solicitor or managing clerk with
counsel 177.00 228.00 257.00 284.00
(ii) solicitor without
counsel 269.00 347.00 384.00 423.00 Solicitor or managing clerk
attending trial at a Court
more than 50 kilometres
from his place of business
for each day of absence
from office—discretionary
additional fee.Brief to hear judgment 24. (a) Including receiving/advice of date fixed, attendance on counsel and attendance to hear judgment 87.00 116.00 128.00 143.00 (b) Brief (or brief notes for solicitor) for any
unopposed application or adjournment (where not otherwise provided for) including attendance to apply
87.00
116.00
128.00
143.00
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Costs of the Day 25. Including—
(a) Practitioner for attending Court where no
counsel employed 218.00 284.00 312.00 340.00 (b) Attending with
counsel—
(i) Clerk 106.00 143.00 152.00 170.00 (ii) Practitioner or managing clerk 153.00 204.00 228.00 253.00 (c) Counsel's fees.
Note: These allowances
shall be in addition to other
items thrown away.340.00 509.00 569.00 625.00 Documents 26. (a) Drawing any necessary documents where not otherwise provided for—per folio 7.00 7.00 7.00 7.00 (b) Engrossing or typing any necessary document
where not otherwise provided for—per folio 5.30 5.30 5.30 5.30 (c) Copies—any necessary carbon, photo or
machine made copy—where not otherwise provided for—per page 1.20 1.20 1.20 1.20 (d) Perusals of any
necessary letter, document or part of a document (not otherwise provided for)— per folio
2.90
2.90
2.90
2.90
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
(e) Examination or scanning any document which it is not necessary to
peruse (not otherwise
provided for)—per page 2.10 2.10 2.10 2.10 (f) Applications including copies, issuing
and filing 63.00 79.00 79.00 79.00 (g) Affidavit of service, including swearing, copies and filing
26.00
26.00
26.00
26.00
(h) Any necessary affidavit (not otherwise provided for) including preparation, copies,
swearing, filing and service 177.00 228.00 257.00 284.00 (i) Facsimile transmission or receipt if
urgent and necessary in the discretion of the Registrar 7.30 7.30 7.30 7.30 Letters 27. (a) Any necessary letter (including agency letters) 16.00 20.70 24.00 25.60 (b) For each circular letter after the first
8.40
8.40
8.70
8.40
Attendances
28. Any necessary
attendance not otherwise
provided for (including
attendance on witness to
arrange appearance without
subpoena, or to cancel such
appearance)—(a) Which is capable of being made by a clerk—per quarter hour
11.90
19.00
20.70
22.40
County Court (Chapter I Amendment No. 28) Rules 1996
S.R. No. 165/1996
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
(b) Which requires the personal attention of the
solicitor or managing clerk and involves the exercise of skill or legal knowledge— per quarter hour
23.90
25.60
25.60
30.20
(c) Service by post 12.00 25.60 25.60 25.60 (d) Personal service 39.00 39.00 39.00 39.00 Service of any document where necessary, and not able to be served by post
Where it is judged
appropriate the Registrar
may allow additional proper
costs having regard to the
time taken, the distance
travelled and any other
necessary expense incurred(e) Attempted service Where more than one
attendance is necessary to effect service, or to ground an application for
substituted service, for each
necessary attendance 24.00 24.00 24.00 24.00 (f) Service by leaving
Service of a document on a party by filing or leaving at the office of his solicitor or other address for service,
where that mode of service
is necessary 17.00 17.00 17.00 17.00
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
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. 88.00 109.00 122.00 143.00 (b) (i) To advise on evidence or for opinion
88.00
133.00
143.00
160.00
(ii) Advice on Pre- Trial Conference
133.00
197.00
212.00
242.00
(c) Conference or view— per hour
88.00
109.00
122.00
143.00
(d) Pre-Trial Conference with Registrar
248.00
321.00
357.00
392.00
(e) Brief to hear judgment or for any application in a
proceeding 96.00 122.00 143.00 143.00 (f) Brief on Trial:
(i) Property, Personal (i)
Injuries 608.00 902.00 1000.00 1050.00 (ii)
1050.00
(ii) Commercial Causes
(g) Refresher fee:
(i) Property, Personal
Injuries
(i)
404.00 598.00 665.00 700.00
(ii) Commercial Causes (ii) 700.00
County Court (Chapter I Amendment No. 28) Rules 1996
S.R. No. 165/1996
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Any allowance for a refresher fee is to be calculated in the manner set
out in Rule 63A.82(3)
(h) (i) In circuit cases, a circuit fee may be allowed and the amount thereof
fixed by order of the Judge, in accordance with the First Schedule of this scale, if, in his opinion (having regard to all the circumstances,
including travelling
expenses, living expenses
and absence from
Chambers) the scale fee is
insufficient but the total
amount of the scale fee and
the circuit fee shall not
exceed the fee marked on
the brief.(ii) In any case where a refresher is certified for, a further circuit fee may be
allowed in accordance with
the First Schedule in this
scale.(iii) Where in any such case the Judge certifies for two counsel, all reasonable and necessary attendances and copies additional to
those which would have been necessary had only one counsel been employed
shall be allowed.
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
(iv) In any proceeding or
matter notwithstanding
anything contained in the
rules or in the scale of costs,
apart from item 20A, the
trial Judge ONLY may on
application allow such
higher fee for counsel
(including more than one
counsel) as he thinks fit.
(v) Despite anything
contained in these Rules— (A) where a trial has commenced, the trial Judge ONLY may
allow such higher fee
for counsel for the
trial and may allow
fees for more than one
counsel as the Judge
thinks fit, save that
this sub-item does not
apply to the
allowances set out in
item 20A; and
(B) where no trial
has commenced, the
Registrar or other
taxing officer may
allow such higher fee
for counsel and may
allow fees for more
than one counsel as
the Registrar or other
taxing officer thinksfit
(vi) Undefended
proceeding (see item 38).
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
Practice Court
30. Application for order
for substituted service (notincluding fees of advertising
312.00 370.00 410.00 451.00
31. Application for Leave
to Proceed 116.00 143.00 168.00 183. 00 Interpleader 32. (a) Bailiff—solicitor or
counsel appearing 312.00 370.00 410.00 451.00 (b) Claimant—solicitor with or without counsel
appearing 284.00 349.00 385.00 425.00 (c) Creditor—solicitor with or without counsel appearing
284.00
349.00
385.00
425.00
Other Applications in Proceedings 33. (a) Applicants costs— solicitor with or without counsel appearing 319.00 394.00 432.00 474.00 (b) Respondents costs— solicitor with or without
counsel appearing 284.00 359.00 394.00 437.00 Summons to Debtor 34. (a) Judgment Creditor on hearing—solicitor with or without counsel
appearing 319.00 394.00 432.00 474.00 (b) costs of adjournment— solicitor with or without counsel appearing 205.00 257.00 284.00 313.00 The costs in items 30-34 are
inclusive of counsel's fees,
where applicable, and
disbursements but do not
County Court (Chapter I Amendment No. 28) Rules 1996
S.R. No. 165/1996 r. 14
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
include fees for service or
filing fees for an
application. These costs are
subject to increase or
reduction at the discretion
of the Court. Such costs
include the summons,
affidavit in
support, one affidavit of
service, preparation,
signing, service and filing
of the order whereappropriate.
Miscellaneous
35. Registration of interstate
judgment 53.00 79.00 79.00 79.00 36. Warrant of execution 53.00 79.00 79.00 79.00 37. Upon entering default judgment, including instructions to sue, letter before action, preparation of originating process and statement of claim, including copies, issuing, arranging for service, affidavit of service and entry of judgment 284.00 364.00 404.00 444.00 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
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A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
fees, setting down, fixing
proceeding for trial,
arranging attendance 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 counselfor both trial and conference
1764.00 2379.00 2623.00 2884.00
For the purpose of this item the fees payable to counsel which are included in the
above amounts are :
A B C D $ $ $ $ 364.00 666.00 756.00 801.00
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 additionalamount.
39. In addition to the
allowances of any
disbursement hereinbefore
provided, the Registrar or
other taxing officer may
County Court (Chapter I Amendment No. 28) Rules 1996
S.R. No. 165/1996
A B C D
Over Over $7500 $20 000
Up to and up to and up to and including including
including Over
$7500 $20 000 $50 000 $ 50 000 $ $ $ $
allow any disbursement necessarily or properly made in the course of the
proceeding.
Conveyancing Business
The charges prescribed by any Solicitors Remuneration Order for the time being in force.
Rating Appeals
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
and including $1000 and Scale "B" where the annual value appealedagainst is over $1000.
2. Whenever any rating appeal case is, in the opinion of the presiding
Judge, of such a special and important nature that the fees above
specified would not be a fair and reasonable remuneration for the
trouble, care, skill and expense necessarily involved in the proper
preparation and conduct of such appeal case he may allow such lump
sum, as in his opinion, would amount to such fair and reasonableremuneration.
Providing that nothing hereinstated with regard to costs of rating
appeals shall prevent the Judge from making such order as to costs of
fixing the same at such sum as he shall think fit.
Witnesses' Expenses
Witnesses giving evidence in an expert or professional capacity, $117.00-
$215.00 per hour or part thereof, not exceeding $1413.00 per day.Persons not referred to in the preceding paragraph who are engaged in business as principals on their own behalf $130.00 per half day or part thereof but not in any event to exceed $217.00 in any one day.
Other witnesses—$59.00 per day, provided that a witness who receives wages, salary, remuneration or fees may be allowed the amount actually lost by reason of attendance not exceeding $217.00 per day.
County Court (Chapter I Amendment No. 28) Rules 1996
| r. 14 | S.R. No. 165/1996 |
Travelling expenses, if witnesses residence or place of business is more than seven kilometres from place of hearing, the sum reasonable and actually paid.
Witnesses attending in more than one case will be entitled to a proportionate part only in each case.
Professional, scientific or expert witnesses, for time necessarily occupied in qualifying to give evidence, to be allowed such reasonable sum as was necessarily and properly incurred.
Meals and Accommodation of Witnesses
A reasonable sum to be fixed by the Registrar.
In cases in which it is considered reasonable to bring heavy or bulky articles to court or the precincts of the court as exhibits or for inspection by Judge or Jury, a reasonable sum may be allowed for costs of conveyance or transport.
Interpreter Allowances
(a) Attending professional, scientific or expert witnesses qualifying to give evidence attending conference with solicitor or counsel $51.00, or for
each hour $19.30 but not in any event to exceed $217.00 in any one
day.
(b) Attending court where the period of absence from the place of business or residence is four hours or less, $102.00, and for each hour or part
thereof in excess of four hours, $19.30, but not in any event to exceed
$217.00 in any one day.
Travelling Accommodation and Meals
(c) A reasonable sum to be fixed by the Registrar.
FIRST SCHEDULE—CIRCUIT FEES
Further fee for each
Circuit Town Fee for first six hours five hours thereafter Ararat 218.00 146.00 Bairnsdale 241.00 160.00 Ballarat 156.00 105.00 Bendigo 183.00 121.00 Colac 185.00 121.00 Geelong 132.00 87.00 Hamilton 251.00 167.00 Horsham 251.00 167.00 Kerang 251.00 167.00 Korumburra 156.00 105.00 Mildura 307.00 204.00
County Court (Chapter I Amendment No. 28) Rules 1996
S.R. No. 165/1996 r. 15
Morwell 185.00 121.00 Sale 218.00 144.00 Shepparton 208.00 141.00 Wangaratta 231.00 153.00 Warragul 167.00 113.00 Warrnambool 241.00 160.00 N.B. Any further circuit fee allowed under item 29(g)(i) shall be in accordance with this Schedule, provided that not more than one such further circuit fee shall be allowed in any one day in relation to any one proceeding or matter.'.
15. Amendment to Form 2-11C of Chapter II
In Form 2-11C to the County Court Miscellaneous
Rules 19892, for "the Legal Aid Commission"(wherever occurring) insert "Victoria Legal Aid".
Dated: 16 December 1996
G. R. D. WALDRON,CJ M. HIGGINS J. R. O'SHEA J. MEAGHER BRUCE McNAB A. F. SMITH F. G. DYETT J. H. BARNETT W. M. R. KELLY JOHN DEE JOHN K. NIXON E. H. CURTAIN FRANK WALSH STUART CAMPBELL J. T. HASSETT MARGARET RIZKALLA J. T. DUGGAN T. G. WODAK L. R. HART F. J. SHELTON G. R. G. CROSSLEY A. P. DUCKETT T. A. NEESHAM MARILYN HARBISON M. C. KIMM S. P. GEBHARDT
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County Court (Chapter I Amendment No. 28) Rules 1996
| Notes | S.R. No. 165/1996 |
NOTES
1 S.R. No. 49/1989. Reprinted to S.R. No. 47/1995 and subsequently
amended by S.R. Nos 146/1995, 169/1995, 34/1996 and 56/1996.
2 S.R. No. 181/1989. Reprinted to S.R. No. 145/1994 and subsequently
amended by S.R. No. 146/1995.
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