Justices Amendment Regulation (No. 2) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 99 Justices Act 1886 JUSTICES AMENDMENT REGULATION (No. 2) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s 20 (Postponed commencement of uncommenced provision—the Act, s 159) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 20 Scale of costs for the Act, pt 6, div 8 and pt 9, div 1 . . . . . . . . . . . . 2 5 Insertion of new sch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE 5 SCALE OF COSTS FOR THE ACT, PART 6, DIVISION 8 AND PART 9, DIVISION 1 PART 1—GENERAL 1 Scale sets out amounts up to which costs may be allowed . . . . . . . 3 2 Item of costs covers work by solicitor, counsel or both . . . . . . . . . . 3 3 Only necessary or proper costs may be allowed . . . . . . . . . . . . . . . . 3 4 Appeals to District Court—add 20% to professional costs . . . . . . . . 4 PART 2—AMOUNTS UP TO WHICH COSTS MAY BE ALLOWED FOR LEGAL PROFESSIONAL WORK PART 3—DISBURSEMENTS (INCLUDING DISBURSEMENTS TO WITNESSES AND INTERPRETERS)

s1 2 s5 Justices Amendment (No. 2) No. 99, 1999 ˙ Short title 1. This regulation may be cited as the Justices Amendment Regulation (No. 2) 1999 . ˙ Commencement 2. This regulation commences on 17 July 1999. ˙ Regulation amended 3. This regulation amends the Justices Regulation 1993 . ˙ Replacement of s 20 (Postponed commencement of uncommenced provision—the Act, s 159) 4. Section 20— omit, insert— ˙ ‘ Scale of costs for the Act, pt 6, div 8 and pt 9, div 1 ‘ 20. The scale of costs for part 6, division 8 and part 9, division 1 1 of the Act is in schedule 5.’. ˙ Insertion of new sch 5 5. After schedule 4— insert— 1 Act, part 6 (Proceedings in case of simple offences and breaches of duty), division 8 (Costs) and part 9 (Appeals from the decisions of justices), division 1 (Appeal to a judge of District Courts)

s5 3 s5 Justices Amendment (No. 2) No. 99, 1999 ‘ SCHEDULE 5 ‘ SCALE OF COSTS FOR THE ACT, PART 6, DIVISION 8 AND PART 9, DIVISION 1 section 20 ‘ PART 1—GENERAL ˙ ‘ Scale sets out amounts up to which costs may be allowed ‘ 1. This scale sets out— (a) the only items for which costs may be allowed for part 6, division 8 and part 9, division 1 of the Act; and (b) the amount up to which costs may be allowed for each item. 2 ˙ ‘ Item of costs covers work by solicitor, counsel or both ‘ 2. An item in part 2 covers all legal professional work whether done by a solicitor, counsel or by a combination of solicitor and counsel. ˙ ‘ Only necessary or proper costs may be allowed ‘ 3. A cost is to be allowed only to the extent to which— (a) incurring the cost was necessary or proper to attain justice or to defend the rights of the party; or (c) the cost was not incurred by over-caution, negligence, mistake or merely at the desire of the party. 2 See the note at the end of this schedule for when a higher amount of costs may be allowed.

s5 4 s5 Justices Amendment (No. 2) No. 99, 1999 ˙ ‘ Appeals to District Court—add 20% to professional costs ‘ 4. For an appeal to a District Court judge under part 9, division 1 of the Act, the amount up to which costs may be allowed for legal professional work is the relevant amount increased by 20%. ‘ PART 2—AMOUNTS UP TO WHICH COSTS MAY BE ALLOWED FOR LEGAL PROFESSIONAL WORK Work for hearing of complaint up to and including day 1 1. Instructions and preparation for the hearing, including attendance on day 1 of the hearing . . . . . . . . . . . . . . After day 1 2. For each day of the hearing after day 1 . . . . . . . . . . Other court attendances 3. Court attendance, other than on the hearing of the complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ up to 1500.00 up to 875.00 up to 250.00 ‘ PART 3—DISBURSEMENTS (INCLUDING DISBURSEMENTS TO WITNESSES AND INTERPRETERS) Disbursements, other than to witness for attending 1. Court fees and other fees and payments (other than allowances to witnesses to attend proceedings) including allowances to interpreters, and travelling, accommodation and other expenses of counsel and of a solicitor acting as advocate, may be allowed to the extent they have been reasonably incurred and are paid or payable.

s5 5 s5 Justices Amendment (No. 2) No. 99, 1999 Disbursements as allowance to witness for attending—defendant’s witnesses 2. An allowance paid, payable or that will be paid by the defendant to a witness to attend a proceeding may be allowed up to an amount equal to the amount approved by Governor in Council for the comparable allowance (if any) to prosecution witnesses attending criminal proceedings in a Magistrates Court. 3 Disbursements as allowance to witnesses for attending—prosecution witnesses 3. Costs allowed to the complainant may include an amount up to the amount required to reimburse a payment by the State of an allowance, approved by the Governor in Council, paid or that will be paid to prosecution witnesses attending the proceedings. 4 NOTE—A higher amount for costs may be allowed under the Act, sections 158B(2) and 232A(2). 5 ’. 3 For the allowances as at 17 July 1999, see the gazette published on 5 December 1997 at pages 1513-4. 4 See footnote 3. 5 Act, section 158B(2)— ‘ (2) However, the justices may allow a higher amount for costs if the justices are satisfied that the higher amount is just and reasonable having regard to the special difficulty, complexity or importance of the case.’. Act, section 232(2)— ‘ (2) However, the judge may allow a higher amount for costs if the judge is satisfied that the higher amount is just having regard to the special difficulty, complexity or importance of the appeal.’.

6 Justices Amendment (No. 2) No. 99, 1999 ENDNOTES 1. Made by the Governor in Council on 3 June 1999. 2. Notified in the gazette on 4 June 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 1999