County Court (Chapter I Amendment No. 3) Rules 2000 (Vic)

County Court (Chapter I Amendment No. 3) Rules

2000

S.R. No. 119/2000

TABLE OF PROVISIONS

Rule Page

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

__________________

FIRST SCHEDULE—Circuit Fees 34

═══════════════

ENDNOTES 36

i

STATUTORY RULES 2000

S.R. No. 119/2000

County Court Act 1958

County Court (Chapter I Amendment No. 3) Rules
2000

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

1. Object

The object of these Rules is to substitute an increased scale of costs 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 January

2001.

4. Principal Rules

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

5. Substitution of Appendix A

For Appendix A to the Principal Rules substitute—

'APPENDIX A
County Court (Chapter I Amendment No. 3) Rules 2000

r. 5

S. R. No. 119/2000

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 323.00 421.00 463.00 511.00

If Statement of Claim exceeds 10 folios for each additional folio such additional fees pursuant to item 26 as

appropriate

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

Consent of litigation guardian including, preparation of

memorandum copies
and obtaining signature

of litigation guardian 95.00 126.00 129.00 137.00

2.     Instructions to defend,

including perusal of
statement of claim, and

filing of appearance 154.00 206.00 213.00 238.00

3.     Instructions to institute or defend any original proceeding or to appeal

or oppose an appeal where not elsewhere provided for 247.00 309.00 342.00 376.00

4.     Instructions to institute

or oppose any interlocutory proceeding, or
instructions for special
affidavit where not

elsewhere provided for 43.00 65.00 65.00 65.00

Issues and Particulars

5. (a) Counterclaim or third party notice including

preparation of brief
to and attendance
on counsel, copies,

filing and service 172.00 229.00 247.00 272.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
as appropriate.

(b) Perusal of counterclaim or

third party notice

and making copies 31.00 43.00 43.00 43.00

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	104.00	141.00	154.00	172.00
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.

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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) Perusal of Defence, any necessary

further pleading,
notice claiming
contribution or
indemnity and

making copies 31.00 43.00 43.00 43.00

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

thereof 140.00 172.00 182.00 204.00

Discovery

8. (a) Notice for

discovery including
copies, filing,
service, perusal of
affidavit of

documents, and making copies thereof 76.00 104.00 127.00 137.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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) Affidavit of documents including

instructions for
affidavit, copies,
swearing, filing and

service	213.00	274.00	309.00	342.00
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.

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 213.00 274.00 309.00 342.00

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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) 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 432.00 555.00 615.00 679.00

Setting Down

10. (a) Certificate of

readiness including
letter requesting
certification, setting
down and service

of sealed copy

76.00 104.00 127.00 137.00

(b) Perusal of

certificate of
readiness,
certification and
letter returning

certificate 35.00 58.00 66.00 70.00

11. (a) Notice of Trial,

copies, service and

filing 43.00 65.00 65.00 65.00

(b) Affidavit in support

of setting down,
swearing and filing

65.00 76.00 95.00 101.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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 76.00 104.00 127.00 137.00

(b) Admissions

(including perusal of notice to admit and making copies thereof),
preparation of brief
to and attendance
on counsel, copies,

filing and service 154.00 203.00 213.00 238.00

13.     Notice of payment into

Court, offer of
Compromise, or notice of acceptance including copies, filing and

service 65.00 95.00 95.00 95.00
14.	Any necessary notice (including notices before proceeding, notice to Transport Accident Commission, Incorporated Nominal Defendant and any other statutory notice when required),

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

memorandum or
undertaking including
copies, filing or service,
where not elsewhere

provided for 65.00 95.00 95.00 95.00

Preparation and Trial

15. Callover—

Solicitor's attendance	65.00	76.00	95.00	95.00
Clerk's attendance	42.00	65.00	65.00	65.00

Subpoena

16. (a) Including filing, copy for service attending to service 42.00 65.00 65.00 65.00

(b) Each additional copy for service 2.60 2.60 2.60 2.60

Expert Witnesses

17. (a) Arranging

examination on inspection by an expert witness and

notifying party (b) Notifying party of 42.00 65.00 65.00 65.00

examination or
inspection arranged

by opposite party

12.70 31.00 31.00 31.00

Advice of Counsel

18.     Including brief,

attendance on counsel,

perusal and advice 104.00 140.00 154.00 172.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

Conference with Counsel

19. Appointing and
attending—

(a) Solicitor's attendance—

per hour 104.00 140.00 154.00 172.00

(b) Clerk's

attendance—

per hour 65.00 76.00 95.00 95.00

Brief to View

20.     Including arranging view, attendance on counsel and attendance

at view	104.00	140.00	154.00	172.00
If attendance on view exceeds half an hour for each quarter hour thereafter	12.80	31.00	31.00	31.00

Mediation

20A.	Counsel or solicitor hearing at mediation—
(a) Half day (3 hours or part thereof) 413.00 602.00 694.00 733.00
(b) Hourly rate beyond

half-day 106.00 134.00 151.00 177.00

(c) Daily maximum or if case settles

within the day 751.00 1114.00 1235.00 1296.00

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

Solicitor appearing to

instruct at mediation—

(d) Half day (3 hours or part thereof)	213.00	274.00	309.00	342.00
(e) Hourly rate beyond
half-day	102.00	125.00	142.00	166.00
(f) Daily maximum	513.00	670.00	744.00	827.00
Notes

(i) Sub-items (a), (b)

and (c) are all inclusive and include
preparation,
conference and

appearance

(ii) Despite anything

to the contrary in
item 29, 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

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

all the
circumstances,
the fees in item
20A are

insufficient.

Directions hearing

20B.	Counsel or solicitor
appearing at directions
hearing 114.00 191.00 191.00 191.00

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

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

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 1695.00 3390.00 4835.00 6910.00

Notes

A. This item should begin with a short statement of—

(i) the main issues;

(ii) any particular
difficulties of fact
or law;

(iii) any special skill,

knowledge or responsibility required

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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.

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. 3) Rules 2000

r. 5 S.R. No. 119/2000

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 a Judge or Registrar
in respect of a party-
party bill of costs or the
Taxing Master on the
taxation of a solicitor-
client bill of costs
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 briefnotes
then the Judge,
Registrar or Taxing
Master may allow such
amount in excess of the
scale or give such
directions that in all the
circumstances are fair

and reasonable.

Brief to counsel to appear

22.     Including attendance on

counsel 65.00 76.00 95.00 95.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

Attending court

23. (a) (i) Solicitor or

managing clerk with counsel—per

half day (ii) Clerk with 213.00 274.00 309.00 342.00

counsel—per

half day 164.00 206.00 229.00 253.00

(iii) Solicitor without counsel—per

day (iv) If proceeding 644.00 828.00 914.00 1011.00

in list for
hearing but

not reached (v) Additional Solicitor or managing 76.00 104.00 127.00 137.00

clerk (if
certified by
trial Judge)—
discretionary
fee.

(b) Pre-Trial Conference—

(i) solicitor or managing clerk with counsel 213.00 274.00 309.00 342.00

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

(ii) solicitor

without

counsel 323.00 418.00 462.00 509.00

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 104.00 140.00 154.00 172.00

(b) Brief (or brief notes

for solicitor) for any unopposed application or
adjournment
(where not
otherwise provided
for) including

attendance to apply 104.00 140.00 154.00 172.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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 262.00 342.00 375.00 409.00

(b) Attending with

counsel—

(i) Clerk	127.00	172.00	182.00	204.00
(ii) Practitioner or
managing clerk	184.00	246.00	274.00	304.00
(c) Counsel's fees	419.00	628.00	703.00	772.00

Note: These allowances shall be in addition to other items thrown away.

Documents

26. (a) Drawing any

necessary
documents where
not otherwise
provided for—per

folio 8.30 8.30 8.30 8.30

(b) Engrossing or

typing any necessary document where
not otherwise
provided for—per

folio 6.50 6.50 6.50 6.50

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

(c) Copies—any

necessary carbon, photo or machine made copy—where
not otherwise
provided for—per

page 1.50 1.50 1.50 1.50

(d) Perusals of any necessary letter, document or part of

a document (not
otherwise provided

for)—per folio (e) Examination or 3.40 3.40 3.40 3.40

scanning any
document which it is not necessary to peruse (not
otherwise provided

for)—per page (f) Applications 2.50 2.50 2.50 2.50

including copies,

issuing and filing 76.00 95.00 95.00 95.00

(g) Affidavit of service, including swearing, copies and filing

31.00 31.00 31.00 31.00

(h) Any necessary affidavit (not

otherwise provided
for) including

preparation, copies, swearing, filing and service 213.00 274.00 309.00 342.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

(i) Facsimile

transmission or receipt if urgent and necessary in the discretion of the

Registrar 8.80 8.80 8.80 8.80

Letters

27. (a) Any necessary

letter (including

agency letters) (b) For each circular	19.30	24.90	28.80	30.80
letter after the first	10.10	10.10	10.10	10.10

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 14.40 22.80 24.90 27.00

(b) Which requires the personal attention of the solicitor or managing clerk and

involves the

exercise of skill or legal knowledge— per quarter hour 28.70 30.80 30.80 36.30

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

(c) Service by post	14.50	30.80	30.80	30.80
(d) Personal service Service of any document where necessary, and not able to be served by post.	47.00	47.00	47.00	47.00

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 29.00 29.00 29.00 29.00

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

(f) Service by leaving Service of a

document on party by filing or leaving at the office of his solicitor or other
address for service,
where that mode of

service is necessary 21.00 21.00 21.00 21.00

Fees to Counsel

29. counsel is to be allowed
unless vouched by the

(Note: No fee to his clerk)—

(a) For drawing	pleadings or settling any necessary
document including Statement of Claim, Defence, Interrogatories, etc.

109.00 134.00 151.00 177.00

(b) (i) To advise on

evidence or for

opinion (ii) Advice on 109.00 164.00 177.00 198.00

Pre-Trial

Conference 164.00 242.00 263.00 299.00

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

(c) Conference on view—per hour 109.00 134.00 151.00 177.00

(d) Pre-Trial	Conference with
Registrar 305.00 397.00 441.00 488.00

(e) Brief to hear Judgment or for

any application in a

proceeding (f) Brief on Trial— 232.00 264.00 290.00 290.00

(i) Property,

Personal

Injuries 751.00 1114.00 1235.00 1296.00

(ii) Commercial

Causes 1296.00

(g) Refresher fee— (i) Property,

Personal

Injuries (ii) Commercial 500.00 737.00 820.00 864.00

Causes 864.00

Any allowance for a refresher fee is to be calculated in the manner set out in

Rule 63A.82(3)

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

(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.

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

(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.

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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 Judge
ONLY may
allow such
higher fee
for counsel
for the trial
and may
allow fees
for more

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

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
thinks fit.

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

(vi) Undefended proceedings (see item 38).

Practice Court

30.	Application for order for substituted service (not including fees of advertising)	375.00	445.00	493.00	543.00
31.	Application for Leave
to Proceed	140.00	172.00	202.00	220.00

Interpleader

32. (a) Bailiff—solicitor or

counsel appearing (b) Claimant—solicitor 488.00 561.00 608.00 665.00

with or without

counsel appearing

457.00 535.00 578.00 626.00

(c) Creditor—solicitor with or without

counsel appearing 457.00 535.00 578.00 626.00

Other Applications in Proceedings

33. (a) Applicants costs—

solicitor with or without counsel appearing 498.00 589.00 635.00 685.00

(b) Respondents

costs—solicitor with or without counsel appearing 457.00 546.00 589.00 640.00

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

Summons to Debtor

34. (a) Judgment Creditor

on hearing—

solicitor with or without counsel appearing 498.00 589.00 635.00 685.00

(b) costs of

adjournment— solicitor with or without counsel appearing	362.00	423.00	457.00	491.00
The costs in items 30–34 are inclusive of counsel's fees, where applicable, and disbursements but do not 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 where appropriate.

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

Miscellaneous

35.     Registration of

interstate Judgment 65.00 95.00 95.00 95.00
36.	Warrant of execution 65.00 95.00 95.00 95.00
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 342.00 437.00 486.00 534.00

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 fees,
setting down, fixing
proceeding for trial,
arranging attendance of
witnesses at court,
witnesses expenses,
instructions for and
preparing of brief,
attending counsel

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

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
$	$	$	$

therewith, appointing and attending pre-trial conference, attendance at Court and fees to

counsel for both trial

and conference	2134.00	2882.00	3179.00	3496.00
For the purpose of this item the fees payable to counsel, which are
included in the above  amounts are:
$ $ $ $
A B C D
450.00 822.00 934.00 990.00
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.

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 r. 5

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
$	$	$	$

39.     In addition to the allowance of any disbursement

hereinbefore provided,
the Registrar or other
taxing officer may
allow any
disbursements
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 appealed against is over $1000.

2.      Whenever any rating appeal case is, in the opinion of the presiding Judge, of such a special 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 reasonable remuneration.

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.

County Court (Chapter I Amendment No. 3) Rules 2000

r. 5 S.R. No. 119/2000

Witnesses' Expenses

Witnesses giving evidence in an expert or professional capacity, $128.00–
$236.00 per hour or part thereof, not exceeding $1554.00 per day.

Persons not referred to in the preceding paragraph who are engaged in business as principals on their own behalf $143.00 per half day or part thereof but not in any event to exceed $238.00 in any one day.

Other witnesses—$65.00 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 $238.00 per day.

Travelling expenses, if witnesses residence or place of business is more than seven kilometres from place of hearing, the sum reasonably 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 $56.00, or for each hour $21.20 but not in any event to exceed $238.00 in any one

day.

(b) Attending court where the period of absence from the place of business or residence is four hours or less, $112.00, and for each hour or part thereof in excess of four hours, $21.20, but not in any event to exceed $238.00 in any one day.

Travelling Accommodation and Meals

A reasonable sum to be fixed by the Registrar.

__________________
County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000	Sch.
FIRST SCHEDULE
CIRCUIT FEES

Further fee for each

Circuit Town Fee for first six hours five hours thereafter

$ $

Bairnsdale	298.00	198.00
Ballarat	191.00	129.00
Bendigo	225.00	150.00
Geelong	163.00	104.00
Hamilton	311.00	207.00
Horsham	311.00	207.00
Kerang	311.00	207.00
Mildura	379.00	251.00
Morwell	228.00	150.00
Sale	269.00	178.00
Shepparton	259.00	174.00
Wangaratta	285.00	188.00
Warrnambool	298.00	198.00

N.B. Any circuit fee allowed under item 29(h)(i) shall be in accordance with this Schedule, provided that not more than one such further circuit fee will be allowed in any one day in relation to any one proceeding or matter.'.

Dated: 27 November 2000

G. R. D. WALDRON, Chief Judge	M. C. KIMM
F. G. DYETT	M. HIGGINS
JOHN K. NIXON	F. B. LEWIS
L. S. OSTROWSKI	CHESTER KEON-COHEN
G. R. G. CROSSLEY	M. J. STRONG
D. A. T. JONES	LESLIE C. ROSS
R. P. L. LEWIS	J. M. PANNAM

County Court (Chapter I Amendment No. 3) Rules 2000

Sch. S.R. No. 119/2000

R. G. WILLIAMS	TIMOTHY HOLT
FRED DAVEY	CAROLYN DOUGLAS
DAVID MORROW	IAN C. ROBERTSON
MARGARET RIZKALLA	G. R. ANDERSON
T. G. WODAK	LANSELL PILGRIM
F. J. SHELTON	P. D. JENKINS
WILLIAM R. WHITE	K. M. WILLIAMS
A. P. DUCKETT	J. COATE
MARILYN HARBISON

═══════════════

County Court (Chapter I Amendment No. 3) Rules 2000

S.R. No. 119/2000 Endnotes

ENDNOTES

1 Rule 4: S.R. No. 20/1999 as amended by S.R. Nos. 128/1999 and 40/2000.