County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2019 (Vic)

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2019

S.R. No. 106/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Definitions

5Schedule 1 substituted

6Schedule 2 substituted

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Endnotes

STATUTORY RULES 2019

S.R. No. 106/2019

County Court Act 1958

County Court (Chapter I Circuit Fees, Expenses and Allowances Amendment) Rules 2019

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

1Object

The object of these Rules is to amend Chapter I of the Rules of the County Court to provide for an increase to—

(a)the circuit fees in Schedule 1 to those Rules; and

(b)the witnesses' expenses and interpreters' allowances in Schedule 2 to those Rules.

2Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 1 January 2020.

4Definitions

In Rule 1.13(1) of the County Court Civil Procedure Rules 2018[1], in the definition of County Court costs scale, in paragraph (b) omit "the applicable Part of".

5Schedule 1 substituted

For Schedule 1 to the County Court Civil Procedure Rules 2018 substitute—

"Schedule 1—Circuit fees

Circuit town	Fee for first day	Further fee for each subsequent day
Bairnsdale	$626.00	$416.00
Ballarat	$396.00	$268.00
Bendigo	$472.00	$314.00
Geelong	$338.00	$214.00
Hamilton	$648.00	$433.00
Horsham	$648.00	$433.00
Mildura	$793.00	$527.00
Morwell	$478.00	$314.00
Sale	$562.00	$372.00
Shepparton	$544.00	$366.00
Wangaratta	$597.00	$393.00
Warrnambool	$626.00	$416.00
Wodonga	$648.00	$433.00

".

6Schedule 2 substituted

For Schedule 2 to the County Court Civil Procedure Rules 2018 substitute—

"Schedule 2—Witnesses' expenses and interpreters' allowances

Rules 63A.34A and 63A.72

The charges in this Scale are exclusive of any GST chargeable.

1Witnesses' expenses

(1)Witnesses giving evidence in an expert or professional capacity—$197.00–$395.00 per hour or part thereof, not exceeding $2456.00 per day.

(2)Persons not referred to in the preceding paragraph who are engaged in business as principals on their own behalf—$408.00 per half day or part thereof but not in any event to exceed $735.00 in any one day.

(3)Other witnesses—$121.00 per hour, provided that a witness who receives wages, salary, remuneration or fees may be allowed the amount actually lost by reason of attendance not exceeding $735.00 per day.

(4)Travelling expenses, if witnesses' residence or place of business is more than 7 kilometres from place of hearing, the sum reasonably and actually paid.

(5)Witnesses attending in more than one case will be entitled to a proportionate part only in each case.

(6)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.

2Meals and accommodation of witnesses and transport costs

(1)A reasonable sum to be fixed by the Costs Court.

(2)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.

3Interpreters' allowances

(1)Attending professional, scientific or expert witnesses qualifying to give evidence, attending conference with solicitor or counsel—$81.00, or for each hour $58.00 but not in any event to exceed $356.00 in any one day.

(2)Attending court where the period of absence from the place of business or residence is 4 hours or less—$204.00, and for each hour or part thereof in excess of 4 hours, $58.00, but not in any event to exceed $356.00 in any one day.

4Travelling, accommodation and meals of interpreters

A reasonable sum to be fixed by the Costs Court.".

Dated:    30 October 2019

P. B. KIDD, Chief Judge	J. F. CARMODY
J. A. SMALLWOOD	R. H. SMITH
S. M. COHEN	M. F. MACNAMARA
M. E. SEXTON	W. E. STUART
F. E. HOGAN	C. J. RYAN
I. E. LAWSON	P. J. COSGRAVE
E. M. GAYNOR	G. F. MEREDITH
P. J. COISH	R. W. DYER
S. S. DAVIS	C. M. QUIN
F. P. HAMPEL	S. L. HINCHEY
J. G. MORRISH	A. J. CHAMBERS
S. E. PULLEN	S. L. MARKS
L. A. HANNAN	G. L. LYON
M. D. MURPHY	E. W. WOODWARD
C. M. O'NEILL	C. R. GWYNN
P. G. MISSO	D. A. TRAPNELL
K. L. BOURKE	A. RYAN
P. G. LACAVA	P. J. HIGHAM
M. TAFT	T. WRAIGHT
F. D. SACCARDO	M. C. FOX
G. P. MULLALLY	M. CAHILL
K. E. KINGS	E. M. BRIMER
J. L. PARRISH	A. S. PILLAY
M. H. TINNEY	R. CARLIN

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Endnotes

[1] Rule 4: S.R. No. 170/2018 as amended by S.R. Nos 29/2019 and 69/2019.