Legal Aid Commission (Costs) Amendment Rules 1992 (WA)
| 5332 | GOVERNMENT GAZETTE, WA | [30 October 1992 |
| LE301 |
LEGAL Ali) COMMISSION ACT 1976
LEGAL AID COMMISSION (COSTS) AMENDMENT RULES 1992
Made by the Legal Aid Commission of Western Australia and approved by the
Deputy of the Lieutenant-Governor and Administrator in Executive Council.
Citation
1.
Amendment Rules 1992. These rules may be cited as the Legal Aid Commission (Costs) Principal rules
legal aid assigned to the director; P);
2. In these rules the Legal Aid Commission (Costs) Rules 1990* are referred
to as the principal rules.
r Published in the Gazette of 10 August 1990.]
Rule 2 amended
3. Rule 2 of the principal rules is amended —
(a) by deleting the definition of "assigned practitioner" and inserting
the following definition —"assigned practitioner" means —
(a)
a private practitioner to whom a grant of legal aid under Part V Division 3 of the Act has been assigned; and
(b)
a practitioner employed by the Commission who, on behalf of the Director, has the conduct of a grant of
| 30 October 19921 | GOVERNMENT GAZETTE, WA | 5333 |
in the definition of "legal services" by deleting "Act." and
(b) substituting the following -
Act; "; and by inserting in the appropriate alphabetical positions the
(c) following definitions - 44
"page" means where a document is drawn or engrossed 2 or more folios of one and a half spaced typed or printed words or figures amounting to not less than 200 words or figures of originally composed text;
"special circumstances" includes
(a) the complexity of the facts; (b) the complexity of legal arguments which might reasonably be required; and
whether or not the legal aid assignment
(c) concerns a matter of public importance.
Rule 3 amended
4. Rule 3 of the principal rules is amended -
(a) "(a)' the following - in paragraph (a) by inserting after the paragraph designation 44
subject to rule 15, "; and
(b) by deleting paragraph (c) and substituting the following paragraph -
44
(c) subject to rule 6, in Schedule 3 are payable to
approved, for the services specified in that counsel and Queen's Counsel instructed as Schedule.
Rule 4 amended
5. Rule 4 of the principal rules is amended by inserting before paragraph (a) the following, paragraph -
(aa) rule 9 of the Legal Aid Commission Rules 1990;
Rule 6A inserted
6. After rule 6 of the principal rules the following rule is inserted -
it Schedule 3 - special circumstances 6A. (1) An assigned practitioner may, where he or she can show special circumstances why Schedule 3 should not apply in relation to a legal aid assignment, apply to the Commission for the fees to be determined by the Director, an authorized person or a committee. (2) Where the Director, an authorized person or a committee is satisfied that the assignedpractitioner has shown that the application of Schedule 3 would not be reasonable the Director, an authorized person or committee shall determine the fees.
| 5334 | GOVERNMENT GAZETTE, WA | [30 October 1992 |
Rule 10 amended
7. Rule 10 of the principal rules is amended -
(a) in subrule (4) by deleting paragraphs (b) and (c) and substituting the following paragraph - 44
(b) preparation for a plea in mitigation without a
trial.
and
(b) after subrule (4) by inserting the following subrule - 41
amount is not specified in relation to preparation or (5) Where in any of the Schedules a separate up for the court appearance, two thirds of
I those fees shall be applied to preparation or getting 11 up.
Rule 11 amended
8. Rule 11 of the principal rules is amended in subrule (1) by deleting "250/o of the amount payable in respect of the first defendant, as specthed in Schedule 1 for getting up the case for trial and trial." and substituting the following - 41 50% of the amount of legal fees approved in respect of the first defendant, in Schedule 1, or getting up case for trial and preparation for a plea in mitigation without trial.
Rule hA inserted
9. After rule 11 of the principal rules the following rule is inserted -
it
Photocopying charges - Schedule 2
1 1A The charges in relation to photocopying, where an
assigned practitioner may charge on a profit cost basis, are set 11 out in Schedule 2. Rule 12 amended 10. Rule 12 of the principal rules is amended -
(a) by deleting subrule (2) and substituting the following subrule - 61
where the Director, an authorized officer or (2) Subject to subrule (3) in a criminal case
committee considers it reasonable for an assigned practitioner to wait in the court for a trial to commence or resume after an interruption, the assigned practitioner may receive payment at the rate of $80 per hour or part thereof, for the time spent in the court to a maximum of 2 hours in any one day.
(b) in subrule (3) by deleting "$75" and substituting the following -
$80 "; and
(c) by inserting after subrule (3) the following subrule -
criminal case, the fees of the practitioner are assessed (4) Subrule (2) shall not apply where, in a in accordance with Schedule 2.
".
30 October 19921 GOVERNMENT GAZETTE, WA 5335 Rules 13 and 14 repealed and
rules 13 and 14 substituted
11. Rules 13 and 14 of the principal rules are repealed and the following
rules are substituted -
ti
Payment for actual time spent travelling or in conference etc.
13. (1) Subject to subrule (2) an assigned practitioner may receive payment, as approved, for actual time spent -
in any of the circumstances referred to in rule 14 (1)
(a) (a) including the time spent in travelling to and from such conferences or investigations; and
in travelling within Australia in the conduct of a
(b) legal aid assignment.
(2) Notwithstanding subrule (1) payment referred to in subrule (1) shall not exceed 8 hours in any one day at a rate not exceeding 60% of the hourly rate prescribed in Schedule 2 item 11.
Travelling and special
country allowances14. (1) Where it is not reasonable in all the circumstances to brief an agent and an assigned practitioner is required in the conduct of a legal aid assignment -
(a) to travel more than 5 kilometres from the place at which the assigned practitioner practises (including branch or visiting offices maintained by the practitioner's firm) in order to -
(i) visit a prison, lock-up or police station; (ii) attend on a witness; (iii) make any necessary investigation; or (iv) attend a court or tribunal hearing; or
(b) to stay overnight in a town or place, being more than 100 kilometres from that in which the practitioner practises,
the assigned practitioner is entitled to travelling and subsistence allowances as determined from time to time by the Director on the recommendation of the Public Service Commissioner.
(2) An allowance paid to an assigned practitioner under subrule (1) may be treated as a disbursement.
Rule 15 repealed and
a rule substituted
12. Rule 15 of the principal rules is repealed and the following rule is
substituted -
11
Payment for exceptional work
15. (1) An assigned practitioner may, where he or she can show special circumstances why Schedule 1 should not apply in relation to a legal aid assignment, apply to the Director, an authorized person or committee to determine that Schedule 2 should apply.
08721-4
| 5336 | GOVERNMENT GAZETTE, WA | [30 October 1992 |
(2) Where the Director, an authorized person or committee is satisfied that the assigned practitioner has shown that the application of Schedule 1 would not be reasonable, the Director, an authorized person or a committee shall determine that Schedule 2 shall apply.
Rule 17 amended
13. Rule 17 of the principal rules is amended by inserting after subrule (1)
the following subrule -
44
(la) Subrule (1) applies to conferences and hearings
concerning the conduct of the trial held -
(a) in relation to criminal matters; or (b) in courts exercising jurisdiction concerning children other than the Family Court.
Schedule 1, 2 and 3 repealed and Schedules 1, 2 and 3 substituted
14. The Schedules to the principal rules are repealed and the following
Schedules are substituted -
It
SCHEDULE 1
[Rules 3 (a), 4, 6A and 71
FEES PAYABLE UNDER RULE 3 (a)
Item Description Rate 1. COURT OF CRIMINAL APPEAL
(1) Appeal against sentence ..................1 000 (2) Appeal against conviction .................1 750 (3)
Application for extension of time within which to appeal and leave to appeal and an attendance before a single Judge .......100-400
(4) Attending on reserve decision
including Section 20 Application .............802. OTHER APPELLATE OR REVIEW JURISDICTION
(1) Application for orders on appeal from
an order or sentence of a magistrate ........1 000 (2) Appeal to single Judge (other
than under subitem (1)) ... ............. 350-700(3) Attending on reserved decision ...............80 2A. PREPARATION OF APPEAL BOOKS - ALL JURISDICTIONS Rates as in Schedule 2. (Provided the claim for collating, copying,
numbering or binding does not exceed
a reasonable fee for those services
when charged by a commercial organizationto the public.)
Maximum Rate
$
3. SUPREME COURT - CRIMINAL JURISDICTION
(1) Plea of guilty without a prior trial
including advice relating to plea,
preparation and presentation of plea .........660(2) Appearing to take sentence
including address on
pre-sentencing report ......................80(3) Appearing to obtain remands ................80
30 October 19921 GOVERNMENT GAZETTE, WA 5337
Item Description Maximum Rate
$
(4) Getting up .............................1 250
Trial First day ..........................850
Second or subsequent day .............700(5) Application for bail to Supreme Court
Judge from inferior jurisdiction .............350 (6)
Application as to venue, jurisdiction or other preliminary issue .................250 (7) Viewing or listening to video or sound
tapes per hour relating to the proceedings ......80 (8) Transcribing video or sound tapes per page
relating to the Proceedings ...................3
4. DISTRICT COURT - CRIMINAL JURISDICTION AND CHILDREN'S COURT WHERE CONSTITUTED
BY PRESIDENT
(1) Plea of guilty including advice relating
to plea all necessary preparation and
presentation .............................. 600 (2) Appearing to take sentence including address
and a pre-sentence report or application
for bail .................................. 80 (3) Appearing to take remand including bail
application .............................. 80 (4)
Trial, Getting Up ........................ 825
First day .......................... 700 Second or subsequent days ............ 600
(5) Viewing or listening to video or sound tapes
per hour relating to the proceedings ........... 80 (6) Transcribing video or sound tapes per
page relating to the proceedings ............... 3
5. COURT OF PETTY SESSIONS AND CHILDREN'S
COURTS
(1) Oral committal proceedings - if
specially approved first day
including preparation .....................450
each other day ....................400 per day(2) Attending on committal by a hand-up brief ............................80 (3) Defended cases whether or not
indictable cases triable summarily,
including an address in mitigation
following conviction
first day including preparation .........675
each other day ...............385 per day
(4) Plea of guilty including all advice
relating to plea, preparation, Court
attendance and presentation of plea ..........350 (5) Attending on reserved decision, taking sentence or applying for bail (not being renewal of existing bail) ....................75 (6) Attending on remand ......................50 (7) Application for extraordinary motor
driver's licence ..........................300(8) Attending on Coronial enquiry
(where speciallyapproved)
first day including preparation .........700
each other day .....................400
(9) Application for restraining order - section 172 of the Justices Act 1902 - initial hearing - including all necessary preparation ........300 (10) Application for confirmation of order - section 172 Justices Act 1902 ............ 600 (11) section 172 of the Justices Act 1902 including Application for variation of order under necessary preparation ....................300 (12) Application for care and protection
first day (including all
necessary preparation) ...............800
second or subsequent days ............450
or ..........................85 per hour
(13) Appeal to President of Children's Court
from Magistrate or Justice .................500
| 5338 | GOVERNMENT GAZETTE, WA | [30 October 1992 |
SCHEDULE 2
[Rules 3 (b), 5, hA and 131
FEES PAYABLE UNDER RULE 3 (b)
Item Description Maximum Rate $
1. Drawing documents not in print ...... 4.25 per folio
2.
Engrossing any document .......... 0.60 per folio 3.
Engrossing drafts (where necessary) . . . . 1 per page 4.
Photocopying - where reasonably necessary
(1) Single sheets ............... 0.55 per page
(2) Multiple copies .............. 0.25 per page 5.
Letters
(1) Circular..................... 6 per item
(2) Short ...................... 11 per folio (not less than 1 folio)
(3) Long ....................... 25 per page
(not less than 3 folios and the rate for 5 (2) thereafter)
6. Telegram, facsimile, telex
- transmission where reasonably necessary and required by the
urgency of the situation or- receiving using the practitioners' machine
(1) Sending or receiving .......... 5.50 per item (2) Drafting message as per item 5
7. Attendances
(1) Junior clerk ................. 45 per hour (2) Senior clerk ................ 100 per hour (3) (where legal skill is
Practitioner ................ 115 per hour
reasonably required)
8. Telephone calls
(1) Practitioner .................. $6 up to 5
(where legal skill is reasonably minutes and required) thereafter $2 per minute
(2) Non-qualified person ............$3 up to 5 minutes and $1 per
minute thereafter
9. Perusals
(where scanning is not appropriate)
(1) Technical or expert reports ....... 6 per page
(including medical reports)
(2) Other papers ................. 5 per page 10. Scanning
60 folios per hour .................... 60
11. Hourly rate where no
other fee applies .................. 115 per hourSCHEDULE 3
[Rules 3 (c), 6 and 71
FEES PAYABLE UNDER RULE 3 (c)
Item Description Maximum Rate $
OPINIONS
1. Opinion on liability ...................... 700
2. Opinion on quantum ..................... 700 3. Opinion on liability and quantum .......... 1 000 4. Opinion on appeal against sentence .......... 500 5. Opinion on appeal conviction .............. 1 000 6. Opinion on appeal against conviction
and sentence .......................... 1 350 7.
Advice on evidence, jurisdiction or procedure . . . 350
30 October 1992] GOVERNMENT GAZE'rri, WA 5339
Item Description Maximum Rate SETTLING, DRAWING
8. Grounds of appeal — criminal 450 9. Grounds of appeal — civil 480 10. Pleadings 500 11. Other documents 300 PRETRIAL CONFERENCES (Supreme,
District Court)12. Attending conference including preparation 450 APPEARING IN COURT OR TRIBUNAL
(if no applicable fees in the Court or Tribunal)13. Federal Court each day 850 14. High Court each day 1 500 (or pro rata for time spent in
making appearance)15. Preparation
9 000 Federal or High Court 15A. Family Court each day 850 (or per hour gross) for preparation where counsel is not the assigned practitioner or a member of his or her firm . . . . 145
16. Supreme or District Court at rates applicable to the jurisdiction.
17. Criminal appearances at rates set out in the First Schedule.
QUEEN'S COUNSEL
18. The rates set out above plus an amount not exceeding 50% where the appearance of Queen's Counsel has been approved in advance.
19. Preparation — at the hourly rate where counsel
is not the assigned practitioner or a member >7 of his or her firm.
The Common Seal of the Legal Aid Commission of Western Australia was hereunto affixed pursuant to a resolution of the Commission in the presence of:
R. E. LINDSAY, Member. M. McCUSKER, Member.
Approved by the Deputy of the Lieutenant-Governor and Administrator in
Executive Council this 27th day of October 1992.
D. G. BLIGHT, Clerk of the Council.
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