Legal Assistance Rules (to be read as one with the Rules of the Supreme Court of the Northern Territory of Australia 1966) (Amendment) (Cth)

  

Statutory Rules

1973 No. 135

 

RULES UNDER THE NORTHERN TERRITORY SUPREME COURT ACT

1961–1971.*

 

I, WILLIAM EDWARD STANLEY FORSTER, the senior Judge of the Supreme Court of the Northern Territory of Australia, in pursuance of the powers conferred on me by the Northern Territory Supreme Court Act 1961-1971, hereby make the following Rules of Court.

Dated this tenth day of July, 1973.

W. E. S. FORSTER

Senior Judge.

LEGAL ASSISTANCE RULES

Citation.

1. These Rules may be cited as the Legal Assistance Rules.

Rules incorporated with Rules of Supreme Court.

2. These Rules are incorporated and shall be read as one with the Rules of the Supreme Court of the Northern Territory of Australia, being Statutory Rules 1966, No. 178, as amended by Statutory Rules 1967, No. 14, Statutory Rules 1970, No. 208 and Statutory Rules 1972, No. 86.

Form or application and affidavit.

3. An application for legal assistance under the Legal Assistance Ordinance 1972 and the affidavit in support of the application shall be in accordance with such form as is determined by the Master.

Information of legal assistance.

4. When a person is committed to the Supreme Court for trial or for sentence for an indictable offence, the Stipendiary Magistrate or Justice committing him shall inform him of the provisions of the Legal Assistance Ordinance 1972 and shall explain to him what action it is necessary for him to take in order to apply for legal assistance under that Ordinance.

Copy of application to police.

5. Upon receipt of an application for legal assistance, the Master may forward a copy of the application and affidavit in support to the Commissioner of Police appointed under the Police and Police Offences Ordinance 1923 as amended.

Police report.

6. The Commissioner of Police shall forthwith cause the matters set out in the application and affidavit to be investigated by a member of the Police Force and shall, as soon as is convenient, send to the Master a written report of the result of the investigation.

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* Notified in the Northern Territory Government Gazette on 19 July 1973.

Acknowledgement of disbursements in advance.

7. At any time after the Master has caused arrangements to be made for legal assistance for an applicant, counsel or solicitor for the applicant may apply to the Master, in advance of disbursing money or committing himself to the disbursement of money, for an acknowledgement of the Master that disbursement of money for a particular purpose connected with the legal assistance will be regarded as reasonable or that the disbursement of a particular amount of money for a particular purpose in connexion with that legal assistance will be regarded as reasonable.

Assessment and certification or disbursements, &c.

8. At the hearing of an application under Rule 7, upon completion of the matter with respect to which legal assistance has been granted, counsel or solicitor may bring before the Master sufficient information to enable the Master to assess and certify payment of reasonable costs, fees, disbursements and expenses incurred in the course of the legal assistance.

Notice to Crown Law Officer.

9. The applicant shall give notice to the Crown Law Officer, Attorney-General's Department, of an application under Rule 3, or Rule 7 and the Crown Law Officer shall be entitled to be heard on the application.

Objections.

10. If the applicant or the Crown Law Officer objects to a decision of the Master with respect to an application under Rule 3 or Rule 7, the decision objected to shall be referred to a judge sitting in chambers, and the Judge's decision shall be final.

Scale of costs.

11. The costs to be paid to legal practitioners for assistance provided to persons under the Legal Assistance Ordinance 1972 shall be in accordance with the following scale:

SCALE OF LEGAL PRACTITIONERS' COSTS

1. Commitals for sentence and pleas of guilty..............................................................................	$ 48– 80
2. For counsel for trials of capital offences, murder, attempted murder, manslaughter or rape, or trials certified by the trial Judge to be of unusual complexity or duration—
For first 5 hours....................................................................................................................	$150–200
For subsequent hours, each....................................................................................................	$ 20– 27
3. For attendance of instructing solicitor in Court instructing counsel on a trial of a capital offence, murder, attempted murder, manslaughter or rape, or on a trial in which it is considered by the Master to be reasonable for an instructing solicitor to attend in addition to counsel—
For first 5 hours....................................................................................................................	$100–175
For subsequent hours, each....................................................................................................	$ 14– 24
4. For counsel for other trials—
For first 5 hours....................................................................................................................	$100–175
For subsequent hours, each....................................................................................................	$ 14– 24
5. For attendance on person charged, taking instructions and statement, and on witnesses, taking statements (other than in committals for sentence or pleas of guilty)—
Per hour................................................................................................................................	$ 10
But not to exceed in any case.................................................................................................	$ 30
6. Where, in the opinion of the Master, it is necessary for a practitioner to leave the city or town where he resides or carries on business and to journey to another place to interview witnesses, an allowance may be made for each day that he is necessarily absent, not exceeding...........................................................................................................................	$ 30
7. For attendance at hearing of an application under Rule 3 or Rule 7, if attendance is required by the Master	$ 10