Legal Practitioners (Disbursements) Determination 1997 (WA)

PRINT POST APPROVED PP665002100041

WESTERN	7331
AUSTRALIAN	% IU

uvvt,lrluIvIrl I

PERTH, TUESDAY 16 DECEMBER 1997 No. 227 SPECIAL a7-.i tte

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 4.00 PM

LEGAL PRACTITIONERS ACT 1893

LEGAL PRACTITIONERS
(DISBURSEMENTS)

DETERMINATION 1997

16 December 19971 GOVERNMENT GAZETTE, WA 7333

LEGAL PRACTITIONERS ACT 1893
LEGAL PRACTITIONERS (DISBURSEMENTS) DETERMINATION 1997

Made by the Legal Costs Committee under section 58W of the Act.

PART 1—PRELIMINARY

Citation
1. This determination may be cited as the Legal Practitioners(Disbursements) Determina-

tion 1997,

Application
2. This determination applies to disbursements prescribed under the determinations

referred to in Parts 2-5 of this determination.

Reasons for amendments
3. (1) The decision of the Full Court of the Supreme Court of Western Australia in Mahn v

scribe costs with respect to disbursements. Talbot (unreported, 12 September 1996) questioned the power of the Committee to pre-

(2) The Committee considers that the amendment of section 58W of the Act by section 3(2)

mination with respect to—	of the Acts Amendment (Legal Costs) Act 1997 gives the Committee power to make a deter-
a

expenses properly incurred in the course of, or in connection with, business carried

out by a practitioner for a client, whether incurred— (a) by the practitioner on behalf of the client; or (b) by the client.

PART 2—WORKERS' COMPENSATION

Principal determination

4. In this Part the Legal Practitioners (Workers' Compensation) (Review Proceedings and	Compensation Magistrate's Court) Determination 1997* is referred to as the principal
determination.
*[Published in the Government Gazette on 23 June 1997 at pp.	2063-691

Clause 9 deleted

5. Clause 9 of the principal determination is deleted.

Schedule 1 amended
6. Schedule 1 of the principal determination is amended by inserting after item 7 the

following item-

8 Disbursements

In addition to the fees and charges allowed under this determination—

(a)	as between practitioner and client, a practitioner may charge and be allowed
disbursements necessarily or reasonably incurred; and
(b)	or reasonably incurred.

as between party and party, a party may be allowed disbursements necessarily

Schedule 2 amended
7. Schedule 2 of the principal determination is amended by inserting after item S the

following item-

9 Disbursements

In addition to the fees and charges allowed under this determination—

(a) as between practitioner and client, a practitioner may charge and be allowed

disbursements necessarily or reasonably incurred; and

as between party and party, a party may be allowed disbursements necessarily

(b) or reasonably incurred.

PART 3—LOCAL COURT

Principal determination

8. In this Part the Legal Practitioners (Local Court) (Contentious Business) Determination	1997.* is referred to as the principal determination.
*[Published in the Government Gazette on 25 March 1997 at pp.	1607-16]

Clause 17 deleted
9. Clause 17 of the principal determination is deleted.

7334 GOVERNMENT GAZETTE, WA [16 December 1997

Schedule amended

JO. The Schedul.e to the principal determination is amended by inserting after item 31..

the following item-

"

32.

Disbursements
In addition to the fees and charges allowed under this determination—

(a)	as between practitioner and client, a practitioner may charge and be allowed disbursements necessarily or reasonably incurred; and
(b)	as between party and party, a party may be allowed disbursements necessarily or reasonably incurred.

PART 4—DISTRICT COURT APPEALS

Schedule amended

11. The Schedule to the Legal Practitioners (District Court Appeals) (Contentious Busi-

ness) Determination 1996* is amended by inserting after item 9. the following item-

10.

Disbursements
In addition to the fees and charges allowed under this determination—

(a)	as between practitioner and client, a practitioner may charge and be allowed disbursements necessarily or reasonably incurred; and
(b)	as between party and party, a party may be allowed disbursements necessarily or reasonably incurred.

*[Published in the Government Gazette on 20 December 1996 at pp. 7077-80]

PART 5—SUPREME COURT

Schedule amended

12. The Schedule to the Legal Practitioners (Supreme Court) (Contentious Business) Determination 1996* is amended by deleting item 29. and substituting the following item-

29.

Disbursements
In addition to the fees and charges allowed under this determination—

(a)	as between practitioner and client, a practitioner may charge and be allowed disbursements necessarily or reasonably incurred; and
(b)	as between party and party, a party may be allowed disbursements necessarily or reasonably incurred.

*[Published in the Government Gazette on 20 December 1996 at pp. 7081-87]

Dated at Perth 9 December 1997.

TED SHARP, Chairman.
CHRIS PULLIN QC, Deputy Chairman.

ANGELA GAFFNEY, Member.

JILL VANDER WAL, Member.

JASON BERRY, Member.
PATRICK COWARD, Member.