Court of Petty Sessions (Solicitors’ Costs) Rules (ACT)

COURT OF PETTY SESSIONS (SOLICITORS' COSTS) RULES*

REGULATIONS 1969 No. 5t

1.—(1.) The Court of Petty Sessions (Solicitors' Costs) Rules as amended by

these Rules apply to and in relation to complaints filed on or after the first day
of July, 1969.

(2.) Notwithstanding the amendment effected by these Rules, the Court of Petty Sessions (Solicitors' Costs) Rules, as in force immediately before the com­ mencement of these Rules, continue to apply to and in relation to complaints filed before the first day of July, 1969.

2. The Schedule to the Court of Petty Sessions (Solicitors' Costs) Rules is

repealed and the following Schedule inserted in its stead:—

THE SCHEDULE Rule 3.

SCALE O F SOLICITORS' COSTS

Where Where

Where	subject	subject
subject	matter	matter

Item	Matter	matter	exceeds	exceeds
number	does not	$200 but	$400 but
exceed	does not	does not

$200	exceed	exceed
$400	$1,000
%	$	$

1	Letter before	a c t i o n	1.00	1.00	1.50
2	Preparing a n d	filing	c o m p l a i n t ,	i n c l u d i n g	ins truc t ions

t o s u e 6.00 10.00 12.00

3	Request for part iculars	1.50	1.50	2 .00
4	Preparing further part iculars w h e r e they are required

b y o p p o s i n g party 2.00 3 .00 4 .00

5 Notice t o p r o d u c e o r a d m i t , a n d any o t h e r necessary

o r p r o p e r notice not o t h e r w i s e p r o v i d e d for , in­

c l u d i n g c o p i e s a n d service , for e a c h no t i ce 1.00 2.00 3 .00

6 Summons for wi tness , i n c l u d i n g a t t end ing t o issue . . 2.00 3 .00 4 .00

7 Preparing, filing a n d serv ing n o t i c e o f in ten t ion t o

de fend 1.00 1.00 2 .00

8 Preparing d e f e n c e to a defaul t s u m m o n s or no t i ce of

specia l de fence to a n ord inary s u m m o n s , i n c l u d i n g

commenced on 30 June 1969.

filing a n d serv ing de fence 6.00 10.00 12.00

9 Preparing case for c o m p l a i n a n t or d e f e n d a n t 15.00 30.00 60.00

10 Attending Court a n d c o n d u c t i n g case o r m o t i o n , if

n o t c o n t e s t e d —

(a) if the hear ing d o e s n o t last m o r e t h a n three

h o u r s , per h o u r 4.00 6.00 8.00

(6) if the hear ing e x c e e d s three h o u r s —

(i)	for e a c h o f the first three	h o u r s	4.00	6.00	8.00
(ii)	for e a c h h o u r after the first three	h o u r s	3.00	6.00	6 .00

11 Attending Court a n d c o n d u c t i n g case or m o t i o n , if

c o n t e s t e d —

(a) i f the hear ing d o e s n o t last m o r e t h a n three

h o u r s , per h o u r 6 . 0 0 8.00 10.00

(b) if the hear ing e x c e e d s three h o u r s —

(i)	for e a c h o f the first three	h o u r s	6.00	8.00	10.00
(ii)	for e a c h h o u r after the first three	h o u r s	3.00	6 .00	6 .00

* For references to the Commonwealth Gazettes in which the original Rules and amending Rules before 1960

were notified, see footnote on p. 258 of Vol. III. of " Laws of the Australian Capital Territory 1911-1959 " and

for later amendments, see Regulations 1965, N o . 10.

Made under the Court of Petty Sessions Ordinance 1930-1969, notified in the Commonwealth Gazette and

T H E SCHEDULE—continued

Where Where

Where	subject	subject
subject	matter	matter

Item matter exceeds exceeds

Matter
Matter

number	does not	$200 but	$400 but
exceed	does not	does not

$200	exceed	exceed
$400	$1,000
$	$	$

12	Attending to hear judgment if not contested	5.00	10.00	10.00
13	Arranging settlement of action settled out of Court, including, in an appropriate case, attending Court to obtain approval of the Court to settlement	5.00	10.00	10.00
14	Attending Court to hear reserved judgment	3.00	4 .00	6.00
15	Costs (to be included in amount of costs endorsed on Warrant) of obtaining a Warrant of Execution,

including documents and attendances 2 .00 4 .00 6.00

16         Examination of judgment debtor as to debts owing

to him and as to his property, including application

for summons and preparing necessary documents Application for order under section 171 of the Ordinance for attachment of debt including necessary notices and documents and obtaining Warrants 3.00 6 .00 8.00

17

4 .00 8.00 10.00

18	Application to the Court for order under Division 5 of Part IX. of the Ordinance, including all necessary documents, preparation of case and attendance at Court	6.00	10.00	12.00
19	Preparing and making any application to a Magis­ trate or Clerk not otherwise provided for, including copies of documents, filing and service	3.00	6.00	10.00