Legal Costs Committee Determination 1991 (WA)

No judgment structure available for this case.

WESTERN
AUSTRALJAN
GOVERNMENT

PERTH, WEDNESDAY, 27 MARCH 1991 No. 48 SPECIAL

PUBLISHED BY AUTHORITY G. L. DUFFIELD, GOVERNMENT PRINTER AT 3.30 PM
LEGAL PRACTITIONERS ACT 1893

DETERMINATION

LEGAL COSTS COMMITTEE

27 March 1991] GOVERN1vIENT GAZETTE, WA 1283
1
LEGAL COSTS COMMITTEE
DETERMINATION

Thecommittee last made a determination with respect to legal practitioner’s fees on 6 October 1989. The Committee, as is required by the Legal Practitioners Act 1893, advertised its intention to make a determination with respect to the fees charged by legal practitioners for non-contentious business and for contentious business for the following jurisdictions-
Supreme Court of Western Australia
District Court of Western Australia
Workers’ Compensation and Assistance Board of WA
Local Court of Western Australia
The Court of Petty Sessions in Western Australia

in two issues of the West Australian, namely 3 and 7 November 1990. The Law Society of Western Australia Inc the "Law Society" was notified. In all nine submissions were received and considered by the Committee.
The Committee met with the Principal Registrar of the Supreme Court of Western Australia. ThePrincipal Registrar and the Deputy Registrars are responsible for the taxing fixing of-
party and party costs in the Supreme Court where the parties are unable to
agree the costs payable at the conclusion of litigation, and
solicitor/client costs in all jurisdictions where adispute exists as to the amount
of those costs.

The Law Society has urged the Committee, as well as giving a general percentage increase to the scales, to review a number of specific items in the Supreme Court scale. This the Committee has done.
In the course of its deliberations the Committee has taken into account that it has no power to influence the fees asolicitor charges a client solicitor/client costs where the solicitor and the client enter into awritten agreement as to the fees to be charged. These agreements aregoverned by Section 59 of the Legal Practitioners Act 1893 and fall outside the Committee’sjurisdiction. The information before the Committee all confirms the view that costs charged pursuant to costs agreements exceed the costs allowed under the scales. That being the case any increase determined by the Committee will have little, ifany, impact on fees chargedby solicitors to their clients.
For the purposes of this determination it is sufficient to state that the Committee is
of the view that the public interest is not served by there being too great a disparity
between solicitor/client costs and what the Committee considers to be reasonable
party and party costs. The submissions received from individuals and organisations strongly supported the maintenance of the principle that asuccessful litigant should recoup a significant proportion of the reasonable costs of conducting litigation. As a result, and based on the information available to the Committee, the Committee is satisfied that a number of specific items nominated in the Supreme Court Scale should be the subject of increases over and above any general per cent increase.Subject to the Court, under Order 63 Rule 121 making a special order for costs for
example, for complexity the Supreme Court Costs scale should as far as possible represent the highest and lowest amounts which would ordinarily be charged in the course of general litigation. The Committee also considers and hereby determines that the limits formerly contained in Order 66 Rule 16 and adopted in the 15th July 1988 determination should not apply to proceedings commenced on or after 1st April

1284 GOVERNMENT GAZETTE, WA [27 March 1991
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The Committee notes that as from 1 January 1991 the Federal Court Cost Scales were increased by 13.56 per cent. That increase covered an 18 month period. A similar period has elapsed in Western Australia between the Committee’s last determination and this determination. The Federal Court increase resulted from an examination by the Federal Costs Advisory Committee on an Australia wide basis, of-
Salaries and wages in legal practitioners’ offices Other overheads incurred by legal practitioners Partner salaries and profit share.

Having regard to what has been said above, in the Committee’s view, the most appropriate measure to apply in Western Australia is the 13.56 per cent increase. The Committee’s current determination takes into account all relevant factors up until 1 April 1991.
The Committee is also of the view that in accordance with changing requirements of the Court a new item for pretrial and/or mediation conferences applicable to the Supreme, District and Local Courts should be inserted.
The Committee felt that as this is the third increase in scale fees since 1986 that pending before the Full Court of the Supreme Court as to whether apractitioner can enter into an agreement with a client under Section 59 of the Legal Practitioners Act for costs in a workers’ compensation case. Pending the judgement of the court the determination with respect to workers’ compensation costs scale is therefore silent on whether practitioners can enter into agreements for costs under Section 59 of the Legal Practitioners Act.
items should be rounded off where this was appropriate.
The Committee is conscious that anumber of anomalies may exist in therepublished
scales. The Committee will in future address each scale separately.
For the assistance of the public, practitioners and the courts, the scales have been hereby makes this determination which applies from 1 April 1991, to the following scales which are published at the same time as, and form part of this determina tion-
republished in full.
Supreme Court Costs Scale 1991
Non-Contentious Probate Costs Scale 1991
Solicitors Remuneration Order 1991
Local Court Costs Scale 1991

Costs Scale 1991 under the Official Prosecutions Defendants CostsAct 1973
Dated 28 March 1991.

GRAHAM McDONALD, Chairman.
JOHN SYMINTON, Member.
RON BARRETT, Member.
MICHAEL MEGAW, Member.
CLIVE BROWN, Member.
CHRIS PULLIN QC, Member.

27 March 1991] GOVERNMENT GAZETTE, WA 1285
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SUPREME COURT COSTS SCALE 1991

This costs scale constitutes a determination of the Legal Costs Committee under Section 58W of the Legal Practitioners Act 1893 WA.
2.        This scale applies on and after 1 April 1991.
3.        This scale does not relate to costs incurred prior to 1 April 1991, which are governed by previous determinations and scales.
4.        Subject to the provisions of the Rules of the Supreme Court and to the provisions of the Legal Practitioners Act 1893 WA permitting a solicitor to make
a written agreement as to costs with a client, the costs of or in relation to a party to an action or other proceeding inclusive of counsel fees but exclusiveof other disbursements-

a recoverable by one party from another party; or
b payable by a party to that party’s own solicitor,
shall not exceed the maximum amounts set out in this scale.

1.

a Writ of summons, whether generally or
specially indorsed, including instructions

but excluding statement of claim $150

b For each additional defendant $40

2. Next friend or guardian ad litem $90
3. Entry ofjudgement without trial $90

4. a Payment into or out of court $90
b Notice of offer to consent to judgement $60

5. Appearance and notice $60
6. Pleadings:

a Statement of claim $75-bOO
b Defence including instructions $75-bOO
If with counterclaim or set-off, and additional $75-bOO

c

Reply if necessary, defence to counterclaim or any other pleading excluding application for leave

$75-bOO

7. Third party notice and pleadings in third party

Proceedings Allowances
calculated in
accordance
with items 1
and 6
8. Requesting particulars of a pleading where and

to the extent necessary $30-390
9.

a Notice requiring discovery $60
b Giving discovery of documents $60-580
c Inspection and giving inspection-per hour $40-iSO
10.

a Delivery of interrogatories $50-390
b Answer to interrogatories $50-390

1286 GOVERNMENT GAZETTE, WA [27 March 1991
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ii. Examination of witness before trial by counsel or

solicitor, pursuant to order

An allowance calculated in accordance

with item

14b

12. Application for and striking jury $150.
13. Getting up case for trial subject to item 14W Not exceed
ing $6000 for
the first
$25,000 of
the value of
the subject
matter of the
action; 2% for
the balance
thereof
14. Counsel fees:

a Counsel fee on trial $75O-6000
For Queens Counsel
where two or more counsel
are certified for, add 50%
1 Counsel fee for the second and each
successive day of hearing $75O-2000
For Queens Counsel
where two or more counsel are
certified for, add 50%
c Counsel fee on trial for second counsel
if certified for
an allowance not exceeding two thirds of the
amounts that would be allowed under item
14a or item 14b if counsel had appeared alone
d Solicitor attending trial, per hour, not exceeding $250

Note: a suitable allowance may be made for the attendance of a clerk
e Attending on a reservedjudgement or at
a callover, not exceeding $300

U Where the only issue tried is the assessment
of damages, three quarters of the amounts
prescribed by items 13, 14a, 14b, 14c
and 14d shall be allowable, unless otherwise
directed by the Court.
15. Settling and extracting judgement after trial:

a With appointment, not exceeding $150
b Without appointment, not exceeding $90
16.

Drawing bill of costs, copies and service $40-390
17. Taking accounts; inquiries; taxation of costs; and

the like per hour $30-iSO

27 March 1991] GOVERNMENT GAZETTE, WA 1287
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18. Re-trial or Re-hearing:

a Getting up case for re-trial or re-hearing Such
amounts as
are reason
able in the
circum
stances.

b Re-trial or re-hearing
19.

a Special case, case stated otherwise than by
way of appeal or trial of an issue not covered

by item 14f $380-2900
but the court
may direct
that the costs
be taxed as
in an action

b For the second and each successive day of

the trial or hearing An allowance calculated in accordance
with item
14b

20. Appeals to Judge or to the Full Court including appeals by way of case stated:

a Notice of appeal, motion for order nisi

to review, and the like $75-bOO

b Getting up appeal for hearing including

settling index to transcript $250-6000
c

Counsel fee on hearing $35O-6000

For Queens Counsel where two or more counsel are certified for add 50%
d Counsel fee for the second and each

successive day of hearing not exceeding $2000

For Queens Counsel where two or more
counsel are certified for add 50%
e Counsel fee on hearing for second counsel

if certified for-an allowance not exceeding

two thirds of the amounts that would have been allowed under item 20c or 20d if counsel had appeared alone
f Attending on reserved decision,

not exceeding $300
g Settling and extracting order disposing of the
appeal-

i with appointment not exceeding $150
ii without appointment, not exceeding $90

1288 GOVERNMENT GAZETTE, WA [27 March 1991
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21. Originating motion or originating summons or

petition $300-6000
but the court
may direct
that the costs
of the parties
or any of
them be
taxed as in
an action.
22.

Motions in Court not otherwise provided for $7 5-1000
23. Proceedings in Chambers other than proceedings

to which item 21 applies $75-6000

23A. Pretrial and mediation conferences including

preparation and notices associated therewith $75-bOO

24. Arbitration proceedings The same
costs as in an
action
25. Proceedings, whether by action or otherwise,
for the recovery of compensation for the
taking or resumption of land or any other

property by the Crown in right of the State or of the Commonwealth or by any other person, body or instrumentality
pursuant to any statutory power The same
costs mutatis
mutandis as
allowed in
civil actions,
but the Court
or tribunal
shall
determine
what is a just
and equitable
basis for the
taxation.
26. Proceedings by way of prerogative writ Allowances

calculated in
accordance
with item 20.

27, a Execution $150
b If against land, an additional $120
28. Service ofprocess:

a Personal service where service in another

manner is not authorised $30

b Service by post or at an address for service $10
c Where the process is served at a place more
than one kilometre from the nearest office
of the solicitor effecting service, for each
kilometre one way from the solicitor’s office $0.75

27 March 1991] GOVERNMENT GAZETTE, WA 1289
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d Where the process cannot be served after
reasonable inquiry in addition to the allowance

prescribed by paragraph c of this item $10

e

Where the process is subsequently served at another address, for attempted service in the discretion of the Taxing Officer in addition to the allowance prescribed by paragraph c of this item

$10
f Where more than one attendance is necessary
to ground an application for substituted service
such further allowance may be made as the
Taxing Officer thinks fit
g Where it is proper to effect service through an
agent, such allowance may be made as the
Taxing Officer thinks fit.
Notes:

1

Where a person has or could have been served with more than one process at the one time, one service fee only shall be allowed.

2

One allowance only under paragraph c of this item shall be made where two or more
processes are served at the one time, whether
on one person or on more than one person.
3 An allowance under paragraph c of this item shall not exceed the cost of service by the nearest Sheriff’s office or bailiff of a local court.
4 In this item, "process" means a writ, notice of motion, summons, petition, judgement
or order.

29. Photocopying of documents where necessary,

not exceeding-per page $0.80

30. Allowances to witnesses

1 a Persons carrying on a profession or
business as principals, a daily allowance

not exceeding $1000
b Other persons, a daily allowance, not

exceeding $200
2        In fixing the allowance to be made under subparagraph 1 of this item, the Taxing Officer may have regard to the amount of salary or wages if any actually lost by the witness.
3        In addition to the foregoing allowances, a witness
residing at a distance from the place of trial or

hearing may be allowed reasonable travelling
expenses actually paid, and a reasonable amount
for maintenance or sustenance.
4       The Taxing Officer may also allow such amount

as has been reasonably and properly incurred
and paid to a witness for qualifying to give
skilled evidence.

1290 GOVERNMENT GAZETTE, WA [27 March 1991
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5 Except by special order of the trial judge, an

allowance shall not be made to an expert witness
for attendance at Court in assisting or
advising counsel or the solicitor for a party
during a trial or hearing.
6 In the case of a person giving evidence as an expert, the foregoing allowances may be
increased at the discretion of the Taxing Officer.

27 March 1991] GOVERNMENT GAZETTE, WA 1291
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NON-CONTENTIOUS PROBATE COSTS SCALE 1991

This costs scale constitutes a determination of the Legal Costs Committee under Section 58W of the Legal Practitioners Act 1893 WA.
2.        This scale applies on and after 1 April 1991.
3.        This scale does not relate to costs incurred prior to 1 April 1991, which are governed by previous determinations and scales.
4.        Subject to the provisions of the Rules of the Supreme Court and to the provi sions of the Legal Practitioners Act 1893 WA permitting a solicitor to make awritten agreement as to costs with aclient, the costs of or in relation to aparty to an action or other proceeding inclusive of counsel fees but exclusive of other disbursements-

a recoverable by one party from another party; or
b payable by a party to that party’s own solicitor,

shall not exceed the amounts set out in this scale.
Application for a grant, or to reseal agrant made outside Western Australia-

Value of Estate Fee

Where the gross value of the property of the deceased in Western Australia-

does not exceed $27,850 $600
exceeds $27,850 and does not exceed $55,160 $680
exceeds $55,160 and does not exceed $82,740 $770
exceeds $82,740 and does not exceed $110,320 $930
exceeds $110,320 and does not exceed $137,900 $1100
exceeds $137,900 $1100
plus $220 for
each $69,000

or part
thereofwith
a maximum
allowance of
$3300

2. Agency allowance where the solicitor for the applicant for a grant or to reseal a grant does not carry on practice in the Perth metropolitan area and employs a solicitor in Perth as agent in connexion with the application-
Where the gross value of the property of the deceased in Western Australia-

does not exceed $27,580 $90
exceeds $27,580 $110

1292 GOVERNMENT GAZETTE, WA [27 March 1991
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SOLICITORS REMUNERATION ORDER 1991

Determination and Citation

1. 1 This Solicitors Remuneration Order constitutes a determination of the Legal
Costs Committee under Section 58W of the Legal Practitioners Act 1893 WA.
2 This Determination may be cited as the Solicitors Remuneration Order, 1991

and is referred to hereinafter as "Order".
Commencement and savings
2. 1ThisOrdertakeseffectfromandincluding1April1991.
2 This Order does not relate to costs incurred prior to 1 April 1991 which are
governed by previous determinations and scales.
Application
3. Subject to the provisions of the Legal Practitioners Act 1893 WA permitting a solicitor to make a written agreement as to costs with a client this Order applies to and in relation to the maximum remuneration of practitioners in respect of any business connected with sales, purchases, leases, mortgages, settlements, and other
matters of conveyancing and other business not being business in any action, suit or
proceeding or transacted in any court and not beingotherwise contentious business.
Interpretation
4. In this Order unless the contrary intention appears-
"clause" means a clause in this Order;
"instruction fee" means the fee prescribed under the column headed "Instruction
Fee" in the Schedule in relation to a matter specified in the Schedule;

"instructions" in relation to items 1 to 7 both inclusive includes the initial
attendance when instructions are taken and all subsequent attendances at
which instructions are taken which ought properly to have been taken at the
initial attendance;

"item" means an item specified in the Schedule;
"mortgagee" includes the grantee of a security, and in relation to a hire-purchase

agreement means the owner;

"mortgagor" includes the grantor of a security, and in relation to a hire-purchase

agreement means the hirer;

"reference" means a reference number under the column headed "Ref." in the
Schedule in relation to a matter specified in the Schedule;

"Schedule" means the Schedule to this Order;
"security" includes a mortgage, hire-purchase agreement, debenture or charge or a

bill of sale or assignment by way of security.

Instruction fee when acting for both parties to a transaction
5. Subject to clauses 6 and 7, where a practitioner properly acts for both parties to
a transaction the practitioner is entitled to charge each party the instruction fee
prescribed in relation to that party under the item relevant to that transaction.
Instruction fees for related transactions
6. 1 Subject to this clause, where a practitioner acts for either a purchaser-mortgagor or for avendor-mortgagee, the practitioner is entitled to charge either the
instruction fee prescribed in relation to the sale or the instruction feeprescribed in
relation to the security, but not both.

27 March 1991] GOVERNMENT GAZETTE, WA 1293
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2 Where a practitioner acts for avendor in circumstances to which item 8 applies and the consideration or part thereof is secured by a security prepared by the same practitioner and executed by the Purchaser in favour of the vendor, the practitioner shall be entitled to charge in respect of the sale the fee prescribed by item 8 reduced by one-fifth, and for instructions in respect of the security the instruction fee calculated in accordance with item 4 on the basis of the sum secured.
3 Where in respect of one and the same transaction a practitioner acts for both
a purchaser-mortgagor and a vendor-mortgagee-

a if all the costs are to be paid by only one of the parties, the practitioner is entitled to charge the instruction fee prescribed in relation to the sale on the basis that the practitioner was acting for the purchaser but is not entitled to charge the instruction fee prescribed in relation to the security;
b ifeach party is to pay their own instruction fee, the practitioner is entitled to charge each party such an amount so that the aggregate ofthe amounts payable by each is no greater than the instruction fee prescribed in relation to the sale on the basis that the practitioner was acting for the purchaser.

4 Where in one and the same transaction apractitioner acts for both the vendor and the purchaser or for both the mortgagor and the mortgagee, the practitioner is not entitled to charge in respect of the instructions any amount which is greater in the aggregate than the instruction fee prescribed in relation to the sale or the security on the basis that the practitioner was acting for the purchaser or the mortgagor, as the case may be.
5 Where apractitioner acts for the mortgagee on instructions to extend the term of the security, the practitioner is entitled to charge for instructions an amount not exceeding two-fifths of the instruction fee that would be payable in relation to an
original security for the same amount as that secured by the security as ex.onded.
Instruction fees for leases
7. 1 Where a practitioner properly acts for both the lessor and the lessee in respect
of alease or an extension of lease the practitioner is entitled to charge for instructions
only the instruction fee prescribed under item 5 in relation to a lessor.
2 For the purposes of calculating the instruction fees prescribed under item S- a where the term of alease exceeds 12 years but does not exceed 26 years-
the instruction fee shall be calculated on the basis of the rent payable
during the first 12 years of the lease;

b

where the term of the lease exceeds 26 years-the instruction fee shall be calculated on the basis of the rent payable during the first 15 years of the lease

and for this purpose the term "rent"-

c includes any moneys payable as a premium for the granting of the lease;
d does not include any moneys payable or reserved under or by the lease
in respect of-

i rates and taxes whether by way of re-imbursement of the lessor or
otherwise; or
ii expenditure incurred by the lessor in the conduct or management of the lease and premises or of any other property of which the leased premises forms part.

1294 GOVERNMENT GAZETTE, WA [27 March 1991
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3 Where a practitioner acts on the instructions of a lessor on an extension of a lease the practitioner is entitled to charge for instructions an amount not exceeding two-fifths of the instruction fee that would be payable in relation to an original lease on the same terms as the extension.
Limitations on instruction fee in item 4
8. In relation to the instruction fee prescribed under item 4-

a any amount secured by an existing collateral security prepared by the same practitioner within one year prior to the instructions shall be deducted from the amount to be secured before calculating the instruc tion fee; and
b where the security is for an annuity and the term during which the annuity is to be paid is a period exceeding 12 years or for life-the instruction fee shall be calculated on the basis that the amount secured is 12 times either the annual payment or the average of the first 12 payments.

Uncompleted business
9. Where any business is not completed the instruction fee payable shall be such proportion of the relevant instruction fee payable under this Order as is reasonable in the circumstances.
Services related to item 8
10. 1 The fee prescribed by item 8 is the remuneration payable in respect of acting
on instructions for the completion by transfer of an executed contract for the sale of
land registered under the Transfer of Land Act, 1893 and includes the fees for all
services usually performed in respect of the transaction and in particular-

a the investigation of title;
b enquiries of and advice to all rating and taxing authorities of change of
ownership;
c the adjustment of rates and taxes;
d preparation, execution, stamping and the registration of the transfer;
and

e the arrangements for and attendances on settlement including the
discharge of encumbrances,

but the remuneration does not include the fees for-

I any service performed or rendered in respect of an amendment to the
contract of sale;
g the perusal of any document other than the contract of sale;
h the preparation of any document other than the transfer;
i requisitions on title or answers thereto;

j

correspondence or attendances as may be rendered necessary by the amendment to or the preparation of any document other than the transfer;

27 March 1991] GOVERNMENT GAZETTE, WA 1295
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k correspondence or attendances not usually involved in respect of com
pletion of the contract of sale; or
1 any costs or expenses properly incurred due to the distance of the practitioner from the place of settlement or from the Office of Titles.
2 Where a practitioner acting on instructions to which item 8 applies is obliged to perform additional services which are not services to which item 8 applies the practitioner is entitled to charge the fees prescribed under item 9 in respect of those additional services.
Drawing, engrossing, copying, tabling, etc. item 9
11. The fees prescribed under item 9 are the fees payable in respect of the
performance of the services specified in that item.
Unusual matters and matters not in the Schedule
12. Where-

a any matter in relation to which afeeor remuneration is prescribed under items 1 to 9 both inclusive is unusually complex, involves an unusually high degree of skill or urgency; or
b a practitioner acts on instructions or performs a service in respect of a
matter that is not referred to in items 1 to 9 both inclusive,
the practitioner is entitled to charge such fee or charge, as the case requires, as is
reasonable in the circumstances.
Schedule

Item 1.-Instructions to act on asale or other disposition for valuable consideration
or real or personal property or of both:

ReL y

101 Purchaser $0.90 for every complete $200
of consideration or value
as the case may be, up to $120,000;
and $0.50 for every complete $200
of consideration or value as the case may
be, above $120,000 and up to
$7,500,000 and for every

complete $1,000 of consideration or value
as the case may be above $7,500,000.
102 Vendor 2/3 of the instruction fee payable under Ref. 101.
Item 2.-Instructions to act on settlement of real or personal property or both:
Par

201 Settlor or $0.90 for every complete $200 of value up to
trustee or $120,000; and

both. $0.50 for every complete $200 of value above
$120,000 and up to $7,500,000
and for every complete $1,000 of value above
$7,500,000

1290, GOVERNMENT GAZETTE, WA [27 March 1991
14

Item 8,-Instructions to act on a gift of real or personal property or both:

jy Instruction Fee

301 Donor $0.90 for every complete $200 of value up to $120,000; and
$0.50 for every complete $200 of value above
$120,000 and up to $7,500,000; and
$0.50 for every complete $1,000 of value above
$7,500,000
302 flcuee 1/2 of the instruction fee payable under Ref.301
Item 4.-Instructions to act on a security:

Ref. Paty Instruction Fee
401 Mortgagee $0.90 for every complete $200 of amount
secured up to $100,000 and;
$0.50 for every complete $200 of amount
secured above $100,000 and up to
$7,500,000 and
$0.50 for every complete $1,000 of amount
secured above $7,500,000.

402 ortgagor 1/2 of the instruction fee payable under Ref.401.

Item .-Instructions to act on a lease of real or personal property or both:

jf. J4y Instruction Fee

501 Lessor $1.60 for every complete $200 of the total rent
up to $20,000; and
$0.40 for every $200 of the total rent
above $20,000.
502 Lessee 1/2 of the fee payable under Ref.501
Item 6.-Instructions to incorporate a public company:

nminai Capital Ref. Instruction Fee
Not exceecUng $500,000

601 $930
Exceeding $500,000 and not exceeding
$1,000,000
Exceeding $1,000,000 and not exceeding

602 $1200
$2,000,000

603 $1900
Exceeding $2,000,000

604 $2500
Item 7.-Instructions to incorporate a proprietary company:

4api.tal Ref. Instruction Fee
Not exceeding $250,000

701 $540
Exceeding $250,000 and not exceeding
$500,00Q

702 $650
Exceeding $500,000 and not exceeding
$1,000,000

703 $1200
Exceeding $1,000,000 and not exceeding
$2,000,000

704 $1800
Exceeding $2,000,000

705 $2400

27 March 1991] GOVERNMENT GAZETTE, WA 1297
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Item 8.-The completion by transfer of a contract of sale of land registered under
the Transfer ofLand Act 1893:

Ref. Eerty Instruction Fee
801 Purchaser Where the consideration does not

exceed $10,000- $310
Where the consideration exceeds
$10,000 but does not
exceed $20,000- $320
Where the consideration exceeds
$20,000 but does not
exceed $30,000- $320
Where the consideration exceeds
$30,000 but does not
exceed $40,000- $330
Where the consideration exceeds
$40,000-a fee calculated
in accordance with Ref.101 together
with the sum of $140

802 Vendor Where the consideration does not

exceed $10,000- $200
Where the consideration exceeds
$10,000 but does not

exceed $20,000- $210
Where the consideration exceeds
$20,000 but does not

exceed $30,000- $220
Where the consideration exceeds
$30,000 but does not

exceed $40,000- $230
Where the consideration exceeds
$40,000-a fee calculated in
accordance with Ref. 102 together

with the sum of $100
Item 9.-Drawing, engrossing, copying letters, attendances and journeys:

Service Ref. Extenof.&r.ica Remuneration

Drawing 901 Matter which is in print or could
economically be in print

$1.80 per folio
902 Matter which is not in print and which

could not economicallybe in print $4.80 per folio

Engrossing 903 Printed and photocopy documents-
original and each copy for inclusion in

executed document $2.10 per page
904 Engrossment in type including all

carbon copies $3.55 per folio
905

Drafts for perusal $1.50 per folio
Copying 906 Photocopy or copy for any use other

than that mentioned in Ref.903 $0.80 per page

1298 GOVERNMENT GAZETTE, WA [27 March 1991
16

Service Ref. Extent of Service Remuneration

Letters 907 Acknowledgement or circular letter $11
908 Letter, telegram, telex or facsimile Such sum as is
reasonable in the
circumstances

Attendances 909 By ajunior clerk $45 per hour
including

time 910 By a senior clerk $140 per hour
otherwise
necessarily 911 By a practitioner-according to the
spent nature and importance of the work
where no other and any ad valorem instruction fee

charges applicable allowable but not exceeding $235 per hour

Journeys 912 A fee calculated in accordance with
References 909 to 911 inclusive, but
on the basis that not more than 7 hours
in any one day are charged for.
WORKERS COMPENSATION COSTS SCALE 1991
1. This costs scale constitutes a determination of the Legal Costs Commit tee under Section 58W of the Legal Practitioners Act 1893 WA.
2. This scale applies on and after 1 April 1991.
3. This scale does not relate to costs incurred prior to 1 April 1991, which are governed by previous determinations and scales.
4. Subject to the provisions of the Workers’ Compensation and Assistance Act 198 1WA and to the provisions of the Legal Practitioners Act 1893
WA, the costs of or in relation to a party to an action or other proceed
ing inclusive of counsel fees but exclusive of other disbursements:

a recoverable by one party from another party, or
b payable by a party to that party’s own solicitor

shall not exceed the amount set out in this scale
1.

Substantive application, including instructions $240
2.

Next friend or guardian ad litem $60
3. Payment into or out of the Board and offer to consent

to judgement $60
4.

Answer to application or to third party notice $240
5.

Third party notice including instructions $240
6.

Request for particulars $60
7.

a Notice requiring discovery $60
b Giving discovery of documents $240
c Inspection and giving inspection-per hour $60 - 130
8.

a Delivery of interrogatories $160
b Answer to interrogatories $160

27 March 1991] GOVERNMENT GAZETTE, WA 1299
17

9. Examination of witness before trial by counsel or solicitor

pursuant to order

An allowance calculated in accordance
with Item
12b

10.           Getting up case for trial and/or pre-trial conferences

not exceeding in the aggregate $3200
ii.           Counsel fee on attendance at pre-trial conference-per

hour $130
12.           Counsel fee:

a Counsel fee on trial $1900
For Queen’s Counsel where two or more counsel are certified for add 50%

b Counsel fee for the second and each successive day

of hearing $950

c

Counsel fee on trial for second counsel if certified for-an allowance not exceeding two-thirds of the amounts that would have been allowed under item 11a or 11b if counsel had appeared alone.
d

Solicitor attending trial, per hour $130
e

Attending on a reservedjudgement $130

13. Settling and extracting certificate of award or order $80

14. a Drawingbill of costs, copies and service $160
b Attending taxation-per hour 60 - 130

15. Re-trial, re-hearing or hearing upon reference back from buch amounts
the Full Court for re-trial, getting up case and re-trial as are reason-
or re-hearing able in the
circumstances
16. Preliminary hearing $120
17. Chambers applications of an originating nature and
Interlocutory proceedings $400
18. Execution $160
19. Service of process, photocopies of documents and
allowances to witnesses: as in items
28, 29 and 30
of the
Supreme
Court Costs
Scale 1991
20. Taking instructions for, negotiating and preparing
agreement $320

LOCAL COURT COSTS SCALE 1991

1. This cost scale constitutes a determination of the Legal Costs Commit tee under Section 58W of the Legal Practitioners Act 1893 WA.
2. This scale applies on and after 1 April 1991.
3. This scale does not relate to costs incurred prior to 1 April 1991, which are governed by previous determinations and scales.

1300 GOVERNMENT GAZETTE, WA [27 March 1991
18
4. Subject to the provisions of the Local Court Act 1904 WA and to the provisions of the Legal Practitioners Act 1893 WA permitting a solicitor to make a written agreement as to costs with a client, the costs of or in relation to a party to an action or other proceeding inclusive of counsel fees but exclusive of other disbursements:

a recoverable by one party from another party, or
b payable by a party to that party’s own solicitor
shall not exceed the amount set out in this scale.

Item A B C D

Not Exceeding Exceeding Exceeding

exceeding $500 but not $2000 but $4000

$500 exceeding not exceeding

$2000 $4000

1. a Summons

$40 $71 $87 $110

b For each additional

defendant $8 $8 $16 $16

2. Entry of Judgment $16 $24 $32 $47
3. Paymentinto,orout
of Court as part of

pleadings only $24 $32 $40 $63

4. a Notice of Intention

to Defend $16 $24 $32 $40

b Particulars of Defence $24 - 71 $32 - 130 $47 - 160 $47 - 190
ba Further and better

particulars of claim $24 - 71 $32 - 130 $47 - 160 $47 - 190

c Counterclaim $24 - 71 $32 - 130 $47 - 160 $47.- 190

5. a Reply $24 - 71 $32 - 130 $47 - 160 $47 - 190
b Defence to

Counterclaim $24-71 $32-iSO $47 - 160 $47 - 190

6. Examinationof
witness before trial pursuant to order,

per hour $79 $95 $100 $110

6A Pretrial conferences
including preparation and notices associated

therewith $40-95 $63-160 $63-210 $63-240
7. Gettingupcasefor

trial $160 - 400 $240 -710 $320 - 870 $400 - 1200

8. a Trial $120-400 $160-710 $240 - 870 $320 - 1200

b Extra day $120-240 $160-400 $240 - 550 $240 - 630
c Reserved

decision $55 $63 $79 $95

27 March 1991] GOVERNMENT GAZETTE, WA 1301
19

Item A B d fl

Not Exceeding Exceeding Exceeding

exceeding $500 but not $2000 but $4000

$500 exceeding not exceeding

$2000 $4000

9.    ApplicationinCourt,
not otherwise provided

for $40 - 95 $63 - 160 $63 - 210 $63 - 24Q
10. a Delivery of

Interrogatories $24 - 63 $32 - 95 $47 120 $47 - 130
b Answer to

Interrogatories $24 - 63 $32 - 95 $47 - 120 $47 - 130
11. a Notice requiring

discovery $16 $24 *32 $32
b Giving discovery

of documents $24- 63 $32 - 95 $47 120 $47 - 130
c Inspection and
giving inspection per

hour $32 - 63 $32 - 79 $32 - 95 $32 - 95
12.  Interpleader

uncontested $63 $95 $120 $120
13.  Proceedingsin
Chambers:

a Without appearance $32 $47 $63 $79
b Including appearance

by clerk $47 $63 $79
c Including appearance

by solicitor $47 - 130 $63 - 180 $79 - 190 $9 - 240

14. a Drawing Bill of

Costs, copies and

service $40 $63 $71

b Taking accounts,

inquiries, taxation of

costs-per hour $47 $71 $79

15. Enforcement-
a Judgment

Summons $40 $55 $63 $79

b Bench Warrant $40 $55 $63 $79
c Order of

Commitment $24 $32 $40 $47

d Consent .

Affidavit $24 $32 $40 $47

e Warrant of Execution

or Possession $32 $40 $47 $55

f Warrant of Execution ..

where land involved $55 $79 $100 $110

1302 GOVERNMENT GAZETTE, WA [27 March 1991
20

Item A B C D

Not Exceeding Exceeding Exceeding

exceeding $500 but not $2000 but $4000

$500 exceeding not exceeding

$2000 $4000

16. Certified copy of

Judgment $24 $32 $40 $40
17.    RegistrationofSupreme
or District Court

Judgment $32 $40 $47 $47
18.     Affidavits justifying

choice of Court $32 $40 $47 $47
19.    RecoveryofPossession-
undefended including

appearance $130 $160 $190 $240
20. Service of any process-
Bailiff’s scale
21. Allowances to Witnesses:-

a Persons carrying on a profession or business as principals, not
exceeding $160 per day.
b Other adult persons, not exceeding $95 per day
c Persons under 18 years of age in receipt of salary or wages, not
exceeding $71 per day.
d Persons under 18 years of age, not in receipt of salary or wages-
the amount of any loss in respect of which the Taxing Officer thinks
the person should be indemnified, but not exceeding $55 per day.

e

Where any person is required, by reason of the distance which he or she has to travel, to remain away from home overnight, not exceed ing an additional $79 per day.
Note: In fixing the allowance to be made under paragraphs b and c of this

item, the Taxing Officer shall have regard to the amount of salary or wages
actually lost by the witness.
In addition to the above allowances, witnesses residing at a distance from the

place of trial or hearing may be allowed reasonable travelling expenses actually
paid, excluding any charges for maintenance or sustenance.
The Taxing Officer may also allow such amount as the Taxing Officer thinks has been reasonably and properly incurred and paid to witnesses for qualifying
to give skilled evidence.
Except by special order of the trial magistrate no allowance shall be made to

any expert witness for attendance at Court assisting or advising counsel or
solicitor for a party during the trial.
In the case of persons giving evidence as experts the allowance in the above

scale may be increased in the discretion of the Taxing Officer.

27 March 1991] GOVERNMENT GAZETTE, WA 1303
21

COSTS SCALE 1991 UNDER THE OFFICIAL PROSECUTIONS DEFENDENTS
COSTS A CT 1973 WA

Costs Allowable where Defendant or Appellant is Legally Represented
l.This costs scale constitutes a determination of the Legal Costs Committee under Section
58W of the Legal Practitioners Act 1893 WA.
2.This scale applies on and after 1 April 1991.
3.This scale does not relate to costs incurred prior to 1 April 1991, which are governed by
previous determinations and scales.

Item Maximum

Item Notes

No. Allowable
Regard

1. First day of trial No allowance

$710 should be

including preparation should be made had to the
of case for trial for second complexity
and counsel fee counsel or
solicitor of the issues and
to the time

2. Second or subsequent attending

$470 taken at

day of trial trial
the hearing

3. First day of appeal, Includes notice

including preparation $790 of appeal.
of case for appeal and Consider
counsel fee allowance in a
.

proper case for

4. Second or subsequent second counsel

day of appeal $550
5. Counsel fee for

attending court for $80
reserved decision on
appeal
Allowances to Witnesses
Not

6. Any principal of

a profession or exceeding

business, per day $90
In each
Not

7. Other adults, case
exceeding

per day assess

$50 actual
Not financial

8. Minors in receipt of The amount of loss up to

salary or wages, exceeding salary or wages maximum
per day $20 actually lost amount
Not
9. Minors not in receipt

exceeding Actual financial

of salary or wages, loss suffered

per day $20

1304 GOVERNMENT GAZETTE, WA [27 March 1991
22
Other Expenses

10. Travelling and All travelling and accommodation expenses
accommodation reasonably and properly incurred by the
defendant, the defendant’s solicitor,
counsel and witnesses

11.

Other expenses

All other expenses including court fees reasonably and properly incurred in the preparation of the case, including those in
respect of inquiries and scientific and other
investigations and tests, and the provision
of appeal books

01557/3/91-1850-0 By Authonty: GARRY L. DUFFIELD, Government Printer

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Citations

Legal Costs Committee Determination 1991 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

2.	Next friend or guardian ad litem	$90
3.	Entry ofjudgement without trial	$90

4.	a	Payment into or out of court	$90
b	Notice of offer to consent to judgement	$60

a	Statement of claim	$75-bOO
b	Defence including instructions	$75-bOO
If with counterclaim or set-off, and additional	$75-bOO
c	Reply if necessary, defence to counterclaim or any other pleading excluding application for leave	$75-bOO

12.	Application for and striking jury	$150.
13.	Getting up case for trial subject to item 14W	Not exceed ing $6000 for the first $25,000 of the value of the subject matter of the action; 2% for the balance thereof
14.	Counsel fees:

a	Counsel fee on trial	$75O-6000
For Queens Counsel where two or more counsel are certified for, add 50%
1	Counsel fee for the second and each
successive day of hearing	$75O-2000
For Queens Counsel where two or more counsel are certified for, add 50%
c	Counsel fee on trial for second counsel if certified for an allowance not exceeding two thirds of the amounts that would be allowed under item 14a or item 14b if counsel had appeared alone
d	Solicitor attending trial, per hour, not exceeding	$250
Note: a suitable allowance may be made for the attendance of a clerk
e	Attending on a reservedjudgement or at
a callover, not exceeding	$300

U	Where the only issue tried is the assessment
of damages, three quarters of the amounts
prescribed by items 13, 14a, 14b, 14c and 14d shall be allowable, unless otherwise directed by the Court.

the trial or hearing	An allowance calculated in accordance
with item 14b

24.	Arbitration proceedings	The same costs as in an action
25.	Proceedings, whether by action or otherwise,
for the recovery of compensation for the
taking or resumption of land or any other
property by the Crown in right of the State or of the Commonwealth or by any other person, body or instrumentality
pursuant to any statutory power	The same
costs mutatis
mutandis as allowed in
civil actions,
but the Court
or tribunal shall
determine
what is a just
and equitable
basis for the taxation.
26.	Proceedings by way of prerogative writ	Allowances

b	Service by post or at an address for service	$10
c	Where the process is served at a place more
than one kilometre from the nearest office
of the solicitor effecting service, for each
kilometre one way from the solicitor’s office	$0.75

a	recoverable by one party from another party; or
b	payable by a party to that party’s own solicitor,

Value of Estate	Fee
Where the gross value of the property of the deceased in Western Australia-

does not exceed $27,850	$600
exceeds $27,850 and does not exceed $55,160	$680
exceeds $55,160 and does not exceed $82,740	$770
exceeds $82,740 and does not exceed $110,320	$930
exceeds $110,320 and does not exceed $137,900	$1100
exceeds $137,900	$1100 plus $220 for each $69,000

a	if all the costs are to be paid by only one of the parties, the practitioner is entitled to charge the instruction fee prescribed in relation to the sale on the basis that the practitioner was acting for the purchaser but is not entitled to charge the instruction fee prescribed in relation to the security;
b	ifeach party is to pay their own instruction fee, the practitioner is entitled to charge each party such an amount so that the aggregate ofthe amounts payable by each is no greater than the instruction fee prescribed in relation to the sale on the basis that the practitioner was acting for the purchaser.

a	any amount secured by an existing collateral security prepared by the same practitioner within one year prior to the instructions shall be deducted from the amount to be secured before calculating the instruc tion fee; and
b	where the security is for an annuity and the term during which the annuity is to be paid is a period exceeding 12 years or for life-the instruction fee shall be calculated on the basis that the amount secured is 12 times either the annual payment or the average of the first 12 payments.

a	the investigation of title;
b	enquiries of and advice to all rating and taxing authorities of change of ownership;
c	the adjustment of rates and taxes;
d	preparation, execution, stamping and the registration of the transfer; and

I	any service performed or rendered in respect of an amendment to the contract of sale;
g	the perusal of any document other than the contract of sale;
h	the preparation of any document other than the transfer;
i	requisitions on title or answers thereto;
j	correspondence or attendances as may be rendered necessary by the amendment to or the preparation of any document other than the transfer;

k	correspondence or attendances not usually involved in respect of com pletion of the contract of sale; or
1	any costs or expenses properly incurred due to the distance of the practitioner from the place of settlement or from the Office of Titles.

a	any matter in relation to which afeeor remuneration is prescribed under items 1 to 9 both inclusive is unusually complex, involves an unusually high degree of skill or urgency; or
b	a practitioner acts on instructions or performs a service in respect of a matter that is not referred to in items 1 to 9 both inclusive,

301	Donor	$0.90 for every complete $200 of value up to	$120,000; and $0.50 for every complete $200 of value above $120,000 and up to $7,500,000; and $0.50 for every complete $1,000 of value above $7,500,000
302	flcuee	1/2 of the instruction fee payable under Ref.301

jf.	J4y	Instruction Fee
501	Lessor	$1.60 for every complete $200 of the total rent up to $20,000; and $0.40 for every $200 of the total rent above $20,000.
502	Lessee	1/2 of the fee payable under Ref.501

exceed $10,000-	$310
Where the consideration exceeds
$10,000 but does not
exceed $20,000-	$320
Where the consideration exceeds
$20,000 but does not
exceed $30,000-	$320
Where the consideration exceeds
$30,000 but does not
exceed $40,000-	$330
Where the consideration exceeds
$40,000-a fee calculated
in accordance with Ref.101 together
with the sum of	$140

Drawing	901	Matter which is in print or could
economically be in print

Service	Ref.	Extent of Service	Remuneration
Letters	907	Acknowledgement or circular letter	$11
908	Letter, telegram, telex or facsimile	Such sum as is reasonable in the circumstances

time	910	By a senior clerk	$140 per hour
otherwise
necessarily	911	By a practitioner-according to the
spent	nature and importance of the work
where no other	and any ad valorem instruction fee

charges applicable	allowable but not exceeding	$235 per hour
Journeys	912	A fee calculated in accordance with
References 909 to 911 inclusive, but on the basis that not more than 7 hours
in any one day are charged for.

14.	a	Drawingbill of costs, copies and service	$160
b	Attending taxation-per hour	60 - 130

15.	Re-trial, re-hearing or hearing upon reference back from	buch amounts
the Full Court for re-trial, getting up case and re-trial	as are reason-
or re-hearing	able in the circumstances
16.	Preliminary hearing	$120
17.	Chambers applications of an originating nature and
Interlocutory proceedings	$400
18.	Execution	$160
19.	Service of process, photocopies of documents and
allowances to witnesses:	as in items
28, 29 and 30 of the
Supreme Court Costs
Scale 1991
20.	Taking instructions for, negotiating and preparing
agreement	$320

to Defend	$16	$24	$32	$40
b	Particulars of Defence $24 - 71	$32 - 130	$47 - 160	$47 - 190

b Extra day	$120-240	$160-400	$240 - 550	$240 - 630
c Reserved
decision	$55	$63	$79	$95

a	Persons carrying on a profession or business as principals, not exceeding $160 per day.
b	Other adult persons, not exceeding $95 per day
c	Persons under 18 years of age in receipt of salary or wages, not exceeding $71 per day.
d	Persons under 18 years of age, not in receipt of salary or wages-
the amount of any loss in respect of which the Taxing Officer thinks
the person should be indemnified, but not exceeding $55 per day.
e	Where any person is required, by reason of the distance which he or she has to travel, to remain away from home overnight, not exceed ing an additional $79 per day.