County Court (Chapter I Amendment No. 6) Rules 2001 (Vic)
County Court (Chapter I Amendment No. 6) Rules
2001
S.R. No. 124/2001
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 Appendix A—Scale of Costs 2
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ENDNOTES 35
i
STATUTORY RULES 2001
S.R. No. 124/2001
County Court Act 1958
County Court (Chapter I Amendment No. 6) Rules
2001
A majority of the Judges of the County Court makes the following Rules:
1. Object
The object of these Rules is to amend the costs.
2. Authorising provisions
These Rules are made under section 78 of the powers.
3. Commencement
These Rules come into operation on 1 January
2002.
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—
County Court (Chapter I Amendment No. 6) Rules 2001
r. 5
S. R. No. 124/2001 '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
336.00
438.00
481.00
531.00
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. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 99.00 131.00 134.00 142.00 2. Instructions to defend,
including perusal of
statement of claim, and
filing of appearance 160.00 214.00 221.00 247.00 3. Instructions to institute or defend any original proceeding or to appeal
or oppose an appeal where not elsewhere provided for 257.00 321.00 355.00 391.00 4. Instructions to institute
or oppose any interlocutory proceeding, or
instructions for special
affidavit where not
elsewhere provided for 45.00 68.00 68.00 68.00
Issues and Particulars
5. (a) Counterclaim or third party notice including
preparation of brief
to and attendance
on counsel, copies,
filing and service 179.00 238.00 257.00 283.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 32.00 45.00 45.00 45.00
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 108.00 147.00 160.00 179.00 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
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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 $ $ $ $ (b) Perusal of
Defence, any
necessary further pleading, notice claiming
contribution or
indemnity and
making copies 32.00 45.00 45.00 45.00 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 146.00 179.00 189.00 212.00
Discovery
8. (a) Notice for
discovery including
copies, filing,
service, perusal of
affidavit of
documents, and making copies thereof
79.00
108.00
132.00
142.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 221.00 285.00 321.00 355.00 If affidavit exceeds
10 folios for each
additional folio
such additional fees
pursuant toitem 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 221.00 285.00 321.00 355.00
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 ofinterrogatories, instructions for answers,
preparation of brief
to and attendance
on counsel,
swearing, copies,
filing and service 449.00 577.00 639.00 706.00
Setting Down
10. (a) Certificate of
readiness including
letter requesting
certification, setting
down and serviceof sealed copy
79.00 108.00 132.00 142.00
(b) Perusal of
certificate of
readiness,
certification and
letter returning
certificate 36.00 60.00 69.00 73.00
11. (a) Notice of Trial,
copies, service and
filing 45.00 68.00 68.00 68.00 (b) Affidavit in support
of setting down,
swearing and filing
68.00 79.00 99.00 105.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 preparing
of brief to and attendance on counsel, copies,
filing, service,
perusal of
admissions and making copies thereof
79.00
108.00
132.00
142.00
(b) Admissions
(including perusal of notice to admit and making copies thereof),
preparation of brief
to and attendance
on counsel, copies,
filing and service 160.00 211.00 221.00 247.00 13. Notice of payment into
Court, offer of
Compromise, or notice of acceptance including copies, filing and
service 68.00 99.00 99.00 99.00 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. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 68.00 99.00 99.00 99.00
Preparation and Trial
15. Callover—
Solicitor's attendance 68.00 79.00 99.00 99.00 Clerk's attendance 44.00 68.00 68.00 68.00
Subpoena
16. (a) Including filing, copy for service attending to service
44.00
68.00
68.00
68.00
(b) Each additional copy for service
2.70
2.70
2.70
2.70
Expert Witnesses
17. (a) Arranging
examination or
inspection by an
expert witness and
notifying party (b) Notifying party of
44.00
68.00
68.00
68.00
examination or
inspection arrangedby opposite party
13.00 32.00 32.00 32.00
Advice of Counsel
18. Including brief,
attendance on counsel,
perusal and advice 108.00 146.00 160.00 179.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 108.00 146.00 160.00 179.00 (b) Clerk's
attendance—
per hour 68.00 79.00 99.00 99.00
Brief to View
20. Including arranging view, attendance on counsel and attendance
at view 108.00 146.00 160.00 179.00 If attendance on view exceeds half an hour for each quarter hour thereafter
13.00
32.00
32.00
32.00
Mediation
20A. Counsel or solicitor
appearing at
mediation—
(a) Half day (3 hours or part thereof)
436.00
636.00
733.00
774.00
(b) Hourly rate beyond
half-day 112.00 142.00 159.00 187.00 (c) Daily maximum or if case settles
within the day 793.00 1176.00 1304.00 1369.00
County Court (Chapter I Amendment No. 6) Rules 2001
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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 $ $ $ $ Solicitor appearing to
instruct at mediation—
(d) Half day (3 hours or part thereof)
222.00
285.00
321.00
355.00
(e) Hourly rate beyond half-day 106.00 130.00 148.00 173.00 (f) Daily maximum 533.00 696.00 773.00 860.00 Notes (i) Sub-items (a), (b)
and (c) are all inclusive and include
preparation,
conference andappearance
(ii) Despite anything
to the contrary in
item 29, the
Registrar may
allow a higher
fee for counsel
or solicitor
appearing atmediation
(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. 6) Rules 2001
S.R. No. 124/2001 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 areinsufficient
Directions hearing
20B. Counsel or solicitor appearing at directions
hearing 120.00 202.00 202.00 202.00 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;
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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) 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 theproceeding;
(h) perusing relevant
documents; (i) the general careand conduct of the
proceeding—not
exceeding 1762.00 3524.00 5025.00 7182.00
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. 6) Rules 2001
S.R. No. 124/2001 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
withclient" 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. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 fairand reasonable
Brief to counsel to appear
22. Including attendance on
counsel 68.00 79.00 99.00 99.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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
221.00
285.00
321.00
355.00
counsel—per
half day 170.00 214.00 238.00 263.00
(iii) Solicitor without counsel—per
day 669.00 861.00 950.00 1051.00
(iv) If proceeding
in list for
hearing but
not reached (v) Additional Solicitor or managing
79.00
108.00
132.00
142.00
clerk (if
certified by
trial Judge)—
discretionary
fee
(b) Pre-Trial Conference—
(i) solicitor or managing clerk with counsel
221.00
285.00
321.00
355.00
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 336.00 434.00 480.00 529.00
Solicitor or managing
clerk attending trial at a
Court more than
50 kilometres from hisplace of business for
each day of absence
from office—
discretionary additionalfee
Brief to hear judgment
24. (a) Including receiving
advice of date
fixed, attendance
on counsel and
attendance to hear
judgment 108.00 146.00 160.00 179.00 (b) Brief (or brief notes
for solicitor) for any unopposed application or
adjournment
(where not
otherwise provided
for) including
attendance to apply 108.00 146.00 160.00 179.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 272.00 355.00 390.00 425.00 (b) Attending with
counsel—
(i) Clerk 132.00 179.00 189.00 212.00 (ii) Practitioner or managing clerk 191.00 256.00 285.00 316.00 (c) Counsel's fees 442.00 663.00 742.00 815.00
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 8.60 8.60 8.60 8.60 (b) Engrossing or
typing any necessary document where
not otherwise
provided for—per
folio 6.80 6.80 6.80 6.80
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 1.60 1.60 1.60 1.60 (d) Perusals of any necessary letter, document or part of
a document (not
otherwise provided
for)—per folio (e) Examination or
3.50
3.50
3.50
3.50
scanning any
document which it is not necessary to peruse (not
otherwise provided
for)—per page (f) Applications
2.60
2.60
2.60
2.60
including copies,
issuing and filing 79.00 99.00 99.00 99.00 (g) Affidavit of service including swearing, copies and filing
32.00 32.00 32.00 32.00
(h) Any necessary affidavit (not
otherwise provided
for) including
preparation, copies, swearing, filing and service
221.00
285.00
321.00
355.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 9.10 9.10 9.10 9.10
Letters
27. (a) Any necessary
letter (including
agency letters) (b) For each circular
20.00
26.00
30.00
32.00
letter after the first 11.00 11.00 11.00 11.00
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 15.00 24.00 26.00 28.00 (b) Which requires the personal attention of the solicitor or managing clerk and
involves the
exercise of skill or legal knowledge— per quarter hour
30.00
32.00
32.00
38.00
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 15.00 32.00 32.00 32.00 (d) Personal service
Service of any
document where
necessary, and not
able to be served
by post.49.00 49.00 49.00 49.00 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 30.00 30.00 30.00 30.00 (f) Service by leaving
Service of a
document on party
by filing or leaving
at the office of his
solicitor or other
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 $ $ $ $
address for service,
where that mode of
service is necessary 22.00 22.00 22.00 22.00
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.
115.00 142.00 159.00 187.00
(b) (i) To advise on
evidence or for
opinion (ii) Advice on
115.00
173.00
187.00
209.00
Pre-Trial
Conference 173.00 256.00 278.00 316.00
(c) Conference on view—per hour 115.00 142.00 159.00 187.00
(d) Pre-Trial Conference with
Registrar 322.00 419.00 466.00 515.00
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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) Brief to hear Judgment or for
any application in a
proceeding (f) Brief on Trial—
245.00
279.00
306.00
306.00
(i) Property,
Personal
Injuries 793.00 1176.00 1304.00 1369.00 (ii) Commercial
Causes 1369.00 (g) Refresher fee— (i) Property,
Personal
Injuries (ii) Commercial
528.00
778.00
866.00
912.00
Causes 912.00 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
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 $ $ $ $
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 thebrief.
(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.
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 shallbe 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.
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 $ $ $ $
(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
than one
counsel as
the Judge
thinks fit,
save that this
sub-item
does not
apply to the
allowances
set out initem 20A.
(B) where no
trial has
commenced,
the Registrar
or other
taxing
officer may
allow such
higher fee
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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
officerthinks fit
(vi) Undefended
proceedings(see item 38)
Practice Court
30.
Application for order for substituted service (not including fees of advertising)
390.00
463.00
512.00
564.00
31. Application for Leave to Proceed 146.00 179.00 210.00 229.00 Interpleader
32. (a) Bailiff—solicitor or
counsel appearing (b) Claimant—solicitor
515.00
592.00
642.00
702.00
with or without
counsel appearing
475.00 556.00 601.00 651.00
(c) Creditor—solicitor with or without
counsel appearing 475.00 556.00 601.00 651.00
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 $ $ $ $
Other Applications in Proceedings
33. (a) Applicants costs—
solicitor with or without counsel appearing
518.00
612.00
660.00
712.00
(b) Respondents
costs—solicitor with or without counsel appearing
475.00
568.00
612.00
665.00
Summons to Debtor
34. (a) Judgment Creditor
on hearing—
solicitor with or without counsel appearing
518.00
612.00
660.00
712.00
(b) costs of
adjournment— solicitor with or without counsel appearing
376.00
440.00
475.00
510.00
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
County Court (Chapter I Amendment No. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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 the
summons, affidavit
in support, one
affidavit of service,
preparation,
signing, service and
filing of the orderwhere appropriate.
Miscellaneous
35. Registration of
interstate Judgment 68.00 99.00 99.00 99.00 36.
Warrant of execution 68.00 99.00 99.00 99.00 37. Upon entering default
judgment, including
instructions to sue,
letter before action,
preparation of
originating process andstatement of claim,
including copies,
issuing, arranging for
service, affidavit of service and entry of judgment
355.00
454.00
505.00
555.00
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,
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 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 $ $ $ $
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 therewith, appointing
and attending pre-trial conference, attendance at Court and fees to
counsel for both trial
and conference 2225.00 3010.00 3319.00 3650.00 For the purpose of this item the fees payable to counsel which are
included in the above
amounts are:$ $ $ $ A B C D 475.00 868.00 986.00 1045.00
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. 6) Rules 2001
| r. 5 | S.R. No. 124/2001 |
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.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.
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001 r. 5
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.
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| r. 5 | S.R. No. 124/2001 |
| FIRST SCHEDULE |
CIRCUIT FEES
Further fee for each
Circuit Town Fee for first six hours five hours thereafter
$ $
Bairnsdale 315.00 209.00 Ballarat 202.00 136.00 Bendigo 238.00 158.00 Geelong 172.00 110.00 Hamilton 328.00 219.00 Horsham 328.00 219.00 Kerang 328.00 219.00 Mildura 400.00 265.00 Morwell 241.00 158.00 Sale 284.00 188.00 Shepparton 274.00 184.00 Wangaratta 301.00 199.00 Warrnambool 315.00 209.00 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.'.
County Court (Chapter I Amendment No. 6) Rules 2001
S.R. No. 124/2001
Dated: 20 November 2001
G. R. D. WALDRON, Chief Judge B. R. DOVE F. G. DYETT MARILYN HARBISON JOHN K. NIXON J. M. PANNAM L. S. OSTROWSKI IAN C. ROBERTSON J. T. DUGGAN G. R. ANDERSON G. R. G. CROSSLEY P. D. JENKINS D. A. T. JONES K. M. WILLIAMS J. H. BARNETT R. LEWITAN E. H. CURTAIN G. G. HICKS FRED DAVEY J. A. SMALLWOOD M. G. McINERNEY S. M. COHEN T. G. WODAK M. E. SEXTON F. J. SHELTON F. E. HOGAN WILLIAM R. WHITE
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County Court (Chapter I Amendment No. 6) Rules 2001
| Endnotes | S.R. No. 124/2001 |
ENDNOTES
1 Rule 4: S.R. No. 20/1999. Reprint No. 1 as at 27 September 2001. Further
amended by S.R. No. 122/2001.
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