County Court (Chapter I Amendment No. 36) Rules 1998 (Vic)

County Court (Chapter I Amendment No. 36) Rules

1998

S.R. No. 158/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Commencement	1
5.	Substitution of definitions	1
6.	New Rule 34A.19.1 inserted	3
34A.19.1 Expert reports	3
7.	Substitution of Order 44	4
ORDER 44	4
EXPERT EVIDENCE	4
44.01 Definition	4
44.02 Application	5

44.03	Service of statement of expert evidence	5
44.04	Making statement of other party evidence	6
44.05	No evidence unless disclosed in statement	6

8.	New Rule 47.06 inserted	6
47.06 Directions	6
9.	Amendment of Rule 63A.34A	7
10.	Substitution of Appendix A	8

__________________

FIRST SCHEDULE—Circuit fees 38

═══════════════

NOTES 40

i

STATUTORY RULES 1998

S.R. No. 158/1998

County Court Act 1958

County Court (Chapter I Amendment No. 36) Rules
1998

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. Principal Rules

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

4. Commencement

These Rules come into operation on 1 January

1999.

5. Substitution of definitions

In Rule 33.03 of the Principal Rules—

(a) for the definition of "dentist" substitute— ' "dentist" means—

(a) a person registered or qualified to be registered as a dentist under the

County Court (Chapter I Amendment No. 36) Rules 1998

r. 5 S.R. No. 158/1998

Dentists Act 1972 or any
corresponding enactment of
another State or a Territory of the

Commonwealth;

(b) dentistry in a place out of
Australia under an enactment of
that place corresponding to the

a person entitled to practise the person does so practise;';

(b)

for the definition of "medical practitioner" ' "medical practitioner" means—

(a) be registered as a medical
practitioner under the Medical
Practice Act 1994 or any
corresponding enactment of

a person registered or qualified to Commonwealth;

(b) medicine in a place out of
Australia under an enactment of
that place corresponding to the
Medical Practice Act 1994,

a person entitled to practise practise;';

(c)

for the definition of "psychologist" ' "psychologist" means—

(a) a registered psychologist as
defined by the Psychologists
Registration Act 1987;

County Court (Chapter I Amendment No. 36) Rules 1998

r. 6

S.	R. No. 158/1998
(b) requirements of paragraphs (b) and (c) of section 13 of the

a person who meets the 1987;

(c)

a person who practises Victoria;'.

6. New Rule 34A.19.1 inserted

After Rule 34A.19 of the Principal Rules insert—

'34A.19.1 Expert reports
(1) In this Rule—

"expert" means a person who would, if

called as a witness at the trial, be
qualified to give evidence as an expert
in respect of any question in the
proceeding;

"report" means a communication in writing

by an expert to a party that contains a statement by the expert as an expert in respect of any question in the
proceeding, and whether or not the
statement contains the opinion of the
expert in respect of the question and
whether or not it sets out the acts, facts,
matters and circumstances on which
any opinion is formed and includes any
document which the expert intends
should be read with the statement
whether the document was in existence
at the time the statement was made or
was a document which he obtained or
caused to be brought into existence
subsequently.

County Court (Chapter I Amendment No. 36) Rules 1998

r. 7 S.R. No. 158/1998

(2) At a directions hearing the Court may order that a party who has now or may later have in his or her possession, custody or power

the report of an expert from whom the party
intends to adduce evidence as an expert at
the trial serve a copy of the report on any

other party.

(3) Save with leave of the Court or by consent of

the parties, a party shall not except in cross- examination adduce evidence from a person as an expert witness at the trial of a
proceeding unless that evidence is covered
by a report served by the party in accordance
with an order made under paragraph (2).

(4) For the purpose of paragraph (3), evidence is covered by a report if the report contains the substance of the matters sought to be

adduced in evidence.'.

7. Substitution of Order 44

For Order 44 of the Principal Rules substitute—

'ORDER 44

EXPERT EVIDENCE

44.01 Definition

In this Order, unless the context or subject- matter otherwise requires, "a proceeding commenced by writ" includes—

(a) a proceeding in respect of which an order has been made under Rule 4.07(1);

(b) a trial or inquiry under Order 50;

(c) an assessment of damages or value under Order 51.

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 7

44.02 Application

(1) This Order applies only to a proceeding

commenced by writ.

(2) In a proceeding in which the plaintiff claims damages for bodily injury, the evidence of a person as an expert witness, if not subject to Order 33, is subject to this Order.

(3) This Order does not apply to the evidence of

a party who would, if called as a witness at the trial, be qualified to give evidence as an expert in respect of any question in the
proceeding.

44.03 Service of statement of expert evidence

(1) A party who intends at trial to adduce the evidence of a person as an expert witness shall, not later than 30 days before the day

fixed for trial or within such other time as the Court may direct, serve on every other party a statement in accordance with

paragraph (2).

(2) The statement shall—

(a)	give the name and address of the witness;
(b)	describe the qualifications of the witness to give evidence as an expert;
(c)	give the substance of the evidence it is proposed to adduce from the witness as an expert, including the opinion of the

witness and the acts, facts, matters and circumstances on which the opinion is formed.

County Court (Chapter I Amendment No. 36) Rules 1998

r. 8 S.R. No. 158/1998

44.04 Making statement of other party evidence

A party may put in evidence a statement served on him by another party in accordance with Rule 44.03.

44.05 No evidence unless disclosed in statement

(1) Save with the leave of the Court or by consent of the parties, a party shall not except in cross-examination adduce any

evidence from a person as an expert witness
at the trial of a proceeding unless that
evidence is covered by a statement which the
party has served in accordance with this

Order.

(2) For the purpose of paragraph (1), evidence is

covered by a statement if the statement
contains the substance of the matters sought

to be adduced in evidence.'.

8. New Rule 47.06 inserted

After Rule 47.05 of the Principal Rules insert—

"47.06 Directions

(1) A Judge may at any stage of a proceeding by

direction limit—

(a)	the time to be taken in examining, cross-examining or re-examining a witness;
(b)	the number of witnesses (including expert witnesses) that a party may call;
(c)	the time to be taken in making any oral submissions;

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 9

(d) the time to be taken by a party in presenting his or her case;

(e) the time to be taken by a trial.

(2) A Judge may vary or revoke a direction

under paragraph (1).

(3) The discretion of a Judge to give a direction

under paragraph (1) shall be exercised
having regard to the following matters in
addition to any other relevant matter—

(a)	the time or number limited shall be reasonable;
(b)	the direction shall not prejudice the right of each party to a fair trial, and in particular, to a reasonable opportunity to adduce evidence and cross-examine witnesses;

(c) whether the case is complex or simple;

(d)	the number of witnesses a party intends or seeks to call;
(e)	the volume and character of the evidence a party intends or seeks to adduce;
(f)	the interests of other litigants in the Court;
(g)	the time expected to be taken for the trial;
(h)	the importance of the proceeding as a whole or of any question in the proceeding.".

9. Amendment of Rule 63A.34A

In Rule 63A.64A of the Principal Rules, for paragraph (1)(a) substitute—

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

"(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 of Costs contained in Appendix A to these Rules;

(ii)  as to all business done before 1 January 1999, according to the Scale of Costs in use in the Court at the time the costs

were incurred.".

10. 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

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

including letter before action, preparation of brief to and attendance

on counsel, preparation

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
$	$	$	$

of originating process,
statement of claim,
notice of defence and

copies, filing, attending to service, and affidavit of service	282.00	367.00	403.00	445.00
If Statement of Claim exceeds 10 folios for each additional folio such additional fees
pursuant to item 26 as appropriate
Consent of litigation guardian including, preparation of
memorandum copies
and obtaining signature
of litigation guardian	83.00	111.00	113.00	119.00

2.     Instructions to defend,

including perusal of
statement of claim, and

filing of appearance 134.00 180.00 185.00 207.00

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

or oppose an appeal where not elsewhere provided for 215.00 269.00 298.00 328.00

4.     Instructions to institute

or oppose any interlocutory proceeding, or

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

instructions for special
affidavit where not

elsewhere provided for 37.00 56.00 56.00 56.00

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
$	$	$	$

Issues and Particulars

5. (a) Counterclaim or third party notice including

preparation of brief
to and attendance
on counsel, copies,

filing and service	150.00	200.00	215.00	237.00
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 27.00 37.00 37.00 37.00

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 91.00 123.00 134.00 150.00

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

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 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 27.00 37.00 37.00 37.00

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 122.00 150.00 159.00 178.00

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

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
$	$	$	$

Discovery

8. (a) Notice for

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

documents, and making copies thereof 66.00 91.00 111.00 119.00

(b) Affidavit of documents including

instructions for
affidavit, copies,
swearing, filing and

service	185.00	239.00	269.00	298.00
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.

A B C D

Over	Over
$7500	$20 000

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

$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 185.00 239.00 269.00 298.00

(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 376.00 483.00 536.00 591.00

Setting

10. (a) Certificate of

readiness including
letter requesting
certification, setting
down and service

of sealed copy

66.00	91.00	111.00	119.00
A	B	C	D

Over	Over
$7500	$20 000

Up to and up to and up to and

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

including	including	including	Over
$7500	$20 000	$50 000	$50 000
$	$	$	$

(b) Perusal of

certificate of
readiness,
certification and
letter returning

certificate 31.00 51.00 57.00 61.00

11. (a) Notice of Trial,

copies, service and

filing 37.00 56.00 56.00 56.00

(b) Affidavit in support

of setting down,
swearing and filing

56.00 66.00 83.00 88.00

Notices

12. (a) Notice to Admit

including preparing

of brief

to and attendance
on counsel, copies,
filing, service,
perusal of

admissions and making copies thereof 66.00 91.00 111.00 119.00

(b) Admissions

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

filing and service 134.00 177.00 185.00 207.00

A B C D

Over	Over
$7500	$20 000

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

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

$7500	$20 000	$50 000	$50 000
$	$	$	$

13.     Notice of payment into

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

service 56.00 83.00 83.00 83.00
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 56.00 83.00 83.00 83.00

Preparation and Trial

15. Callover—

Solicitor's attendance	56.00	66.00	83.00	83.00
Clerk's attendance	36.00	56.00	56.00	56.00

Subpoena

16. (a) Including filing, copy for service attending to service 36.00 56.00 56.00 56.00

(b) Each additional copy for service 2.30 2.30 2.30 2.30

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

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10

r. 10 S.R. No. 158/1998

$ $ $ $

Expert Witnesses

17. (a) Arranging

examination on inspection by an expert witness and

notifying party (b) Notifying party of 36.00 56.00 56.00 56.00

examination or
inspection arranged

by opposite party

11.10 27.00 27.00 27.00

Advice of Counsel

18.     Including brief,

attendance on counsel,

perusal and advice 91.00 122.00 134.00 150.00

Conference with Counsel

19. Appointing and
attending—

(a) Solicitor's attendance—

per hour 91.00 122.00 134.00 150.00

(b) Clerk's

attendance—

per hour 56.00 66.00 83.00 83.00

Brief to View

20.     Including arranging view, attendance on counsel and attendance

at view 91.00 122.00 134.00 150.00

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
$	$	$	$

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

If attendance on view exceeds half an hour for each quarter hour thereafter 11.20 27.00 27.00 27.00

Mediation

20A.	Counsel or solicitor hearing at mediation
(a) Half day (3 hours or part thereof) 356.00 519.00 598.00 632.00
(b) Hourly rate beyond

half-day 92.00 115.00 130.00 152.00

(c) Daily maximum or if case settles

within the day 646.00 959.00 1063.00 1116.00

Solicitor appearing to instruct at mediation

(d) Half day (3 hours or part thereof)	185.00	239.00	269.00	298.00
(e) Hourly rate beyond
half-day	89.00	109.00	124.00	144.00
(f) Daily maximum	447.00	584.00	649.00	720.00

Directions hearing

20B.	Counsel or solicitor
appearing at directions
hearing 98.00 165.00 165.00 165.00

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
$	$	$	$

Instructions for Brief

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

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;

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
$	$	$	$

(g) inspecting any property or place

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

material to the

proceeding;

(h) perusing relevant

documents; (i) the general care

and conduct of the
proceeding—not

exceeding 1477.00 2953.00 4212.00 6020.00

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

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

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
$	$	$	$

client" there should be included a statement of

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

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.

If by reason of 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

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
$	$	$	$

for brief or brief notes the party may apply for remuneration in excess

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

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 and

reasonable

Brief to counsel to appear

22.     Including attendance on

counsel 56.00 66.00 83.00 83.00

Attending court

23. (a) (i) Solicitor or

managing clerk with counsel—per

half day (ii) Clerk with 185.00 239.00 269.00 298.00

counsel—per

half day 143.00 180.00 200.00 221.00

(iii) Solicitor without counsel—per

day 561.00 721.00 797.00 881.00

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 66.00 91.00 111.00 119.00

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

(v) Additional Solicitor or managing

clerk (if
certified by
trial Judge)—
discretionary
fee

(b) Pre-Trial Conference—

(i) solicitor or managing clerk with counsel	185.00	239.00	269.00	298.00
(ii) solicitor

without

counsel 282.00 364.00 402.00 443.00

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

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
$	$	$	$

Brief to hear judgment

24. (a) Including

receiving/advice of
date fixed,
attendance on

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

counsel and
attendance to hear

judgment 91.00 122.00 134.00 150.00

(b) Brief (or brief notes

for solicitor) for any unopposed application or
adjournment
(where not

otherwise provided

for) including

attendance to apply 91.00 122.00 134.00 150.00

Costs of the Day

25. Including—

(a) Practitioner for attending Court where no counsel

employed 228.00 298.00 327.00 356.00

(b) Attending with

counsel—

(i) Clerk	111.00	150.00	159.00	178.00
(ii) Practitioner or
managing clerk	160.00	214.00	239.00	265.00
(c) Counsel's fees	361.00	541.00	605.00	665.00

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

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
$	$	$	$

Documents

26. (a) Drawing any

necessary
documents where
not otherwise
provided for—per

folio 7.30 7.30 7.30 7.30

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

(b) Engrossing or

typing any necessary document where
not otherwise
provided for—per

folio 5.60 5.60 5.60 5.60

(c) Copies—any

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

page 1.30 1.30 1.30 1.30

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

a document (not
otherwise provided

for)—per folio (e) Examination or 3.00 3.00 3.00 3.00

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

for)—per page 2.20 2.20 2.20 2.20

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) Applications including copies,

issuing and filing 66.00 83.00 83.00 83.00

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

27.00 27.00 27.00 27.00

(h) Any necessary

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

affidavit (not
otherwise provided
for) including

preparation, copies, swearing, filing and service 185.00 239.00 269.00 298.00

(i) Facsimile

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

Registrar 7.60 7.60 7.60 7.60

Letters

27. (a) Any necessary

letter (including

agency letters) (b) For each circular	16.80	21.70	25.10	26.80
letter after the first	8.80	8.80	8.80	8.80

Attendances

28.     Any necessary attendance not otherwise provided for

(including attendance on witness to arrange

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
$	$	$	$

appearance without
subpoena, or to cancel
such appearance)—

(a) Which is capable of being made by a

clerk—per quarter

hour 12.50 19.90 21.70 23.50

(b) Which requires the personal attention

of the solicitor or

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

managing clerk and
involves the

exercise of skill or legal knowledge— per quarter hour	25.00	26.80	26.80	31.60
(c) Service by post	12.60	26.80	26.80	26.80
(d) Personal service	41.00	41.00	41.00	41.00
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

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) Attempted service

Where more than one
attendance is necessary
to effect service, or to ground an application for substituted service, for each necessary

attendance	25.00	25.00	25.00	25.00
(f) Service by leaving
Service of a document

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

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

service is necessary 18.00 18.00 18.00 18.00

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

94.00	115.00	130.00	152.00
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) (i) To advise on

evidence or for

opinion (ii) Advice on 94.00 141.00 152.00 171.00

Pre-Trial

Conference	141.00	209.00	226.00	257.00
(c) Conference on view—per hour	94.00	115.00	130.00	152.00
(d) Pre-Trial Conference with
Registrar	263.00	341.00	380.00	420.00

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

(e) Brief to hear Judgment or for

any application in a

proceeding (f) Brief on Trial:  102.00 130.00 152.00 152.00

(i) Property,

Personal

Injuries (ii) Commercial 646.00 959.00 1063.00 1116.00

Causes 1116.00

(g) Refresher fee (i) Property,

Personal

Injuries (ii) Commercial 430.00 635.00 707.00 744.00

Causes 744.00

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

manner set out in

Rule 63A.82(3)

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

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

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.

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
$	$	$	$

(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

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

be allowed.

(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.

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
$	$	$	$

(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. 36) Rules 1998

S.R. No. 158/1998 r. 10

than one
counsel as
the Judge
thinks fit,
save that this
sub-item
does not
apply to the
allowances
set out in

item 20A.

(B) where no

trial has
commenced,
the Registrar
or other
taxing
officer may
allow such

higher fee

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
$	$	$	$

for counsel
and may
allow fees
for more
than one
counsel as
the Registrar
or other
taxing
officer
thinks fit

(vi) Undefended proceedings (see item 38).

Practice Court

30.     Application for order

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

for substituted service (not including fees of advertising) 327.00 388.00 430.00 473.00

31.     Application for Leave

to Proceed 122.00 150.00 176.00 192.00

Interpleader

32. (a) Bailiff—solicitor or

counsel appearing (b) Claimant—solicitor 324.00 385.00 426.00 469.00

with or without

counsel appearing

298.00 366.00 403.00 445.00

(c) Creditor—solicitor with or without

counsel appearing 298.00 366.00 403.00 445.00

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
$	$	$	$

Other Applications in Proceedings

33. (a) Applicants costs—

solicitor with or without counsel appearing 334.00 413.00 453.00 497.00

(b) Respondents

costs—solicitor with or without counsel appearing 298.00 376.00 413.00 458.00

Summons to Debtor

34. (a) Judgment Creditor

on hearing—

solicitor with or without counsel appearing 334.00 413.00 453.00 497.00

(b) costs of

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

adjournment— solicitor with or without counsel appearing 215.00 269.00 298.00 328.00

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,

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
$	$	$	$

one affidavit of service,
preparation, signing,
service and filing of the
order where

appropriate.

Miscellaneous

35.     Registration of

interstate Judgment 56.00 83.00 83.00 83.00
36.	Warrant of execution 56.00 83.00 83.00 83.00
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

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

service, affidavit of service and entry of judgment 298.00 381.00 423.00 465.00

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

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
$	$	$	$

proceeding for trial,
arranging attendance of
witnesses at court,
witnesses expenses,
instructions for an preparing of brief, attending counsel therewith, appointing
and attending pre-trial conference, attendance at Court and fees to
counsel for both trial

and conference	1854.00	2503.00	2760.00	3035.00
For the purpose of this item the fees payable to counsel which are
included in the above  amounts are:
A B C D $ $ $ $ 387.00 708.00 804.00 852.00

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 r. 10

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.

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 an 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

County Court (Chapter I Amendment No. 36) Rules 1998

r. 10 S.R. No. 158/1998

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.

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.

Person 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.

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 reasonably 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.

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998

(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.

__________________
County Court (Chapter I Amendment No. 36) Rules 1998

Sch. 1 S.R. No. 158/1998

FIRST SCHEDULE—CIRCUIT FEES

Further fee for each

Circuit Town	Fee for first six hours	five hours thereafter
Bairnsdale	256.00	171.00
Ballarat	165.00	111.00
Bendigo	194.00	129.00
Geelong	140.00	90.00
Hamilton	267.00	178.00
Horsham	267.00	178.00
Kerang	267.00	178.00
Mildura	327.00	216.00
Morwell	197.00	129.00
Sale	232.00	153.00
Shepparton	222.00	150.00
Wangaratta	245.00	162.00
Warrnambool	256.00	171.00

N.B. Any 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 will be allowed in any one day in relation to any one proceeding or matter.".

County Court (Chapter I Amendment No. 36) Rules 1998

S.R. No. 158/1998 Sch. 1

Dated: 1 December 1998

G. R. D. WALDRON, Chief Judge	G. D. LEWIS
P. U. RENDIT	E. H. CURTAIN
F. G. DYETT	R. G. WILLIAMS
JOHN K. NIXON	FRED DAVEY
FRANK WALSH	DAVID MORROW
L. S. OSTROWSKI	MARGARET RIZKALLA
G. R. G. CROSSLEY	T. G. WODAK
D. A. T. JONES	F. J. SHELTON
J. R. HANLON	A. P. DUCKETT
M. C. KIMM	B. R. DOVE
B. STOTT	MARILYN HARBISON
A. F. SMITH	J. M. PANNAM
J. H. BARNETT	TIM WOOD
JOHN DEE	IAN C. ROBERTSON

═══════════════

County Court (Chapter I Amendment No. 36) Rules 1998

Notes S.R. No. 158/1998

NOTES

1 Rule 3: S.R. No. 49/1989. Reprinted to S.R. No. 85/1998.