Legal Practitioners (Magistrates Court) (Civil Jurisdiction) Determination (Number 2) 2005 (WA)

2988 GOVERNMENT GAZETTE, WA :3() .June 2005

Schedule
LEGAL PRACTICE ACT 2003
LEGAL PRACTITIONERS (MAGISTRATES COURT) (CIVIL JURISDICTION)
DETERMINATION (NUMBER 2) 2005

Made by the Legal Costs Committee under section 210 of the Act.
Citation
1. This determination may be cited as the Legal Practitioners (Magistrates Court)

(Civil Jurisdiction) Determination (Number 2) 2005.

Commencement
2. This Determination comes into operation on 1 July 2005.
Application
3. (1) This Determination applies to the remuneration of practitioners in respect of
business carried out by practitioners in or for the purposes of civil proceedings before
the Magistrates Court.
(2) This Determination does not apply to the remuneration of practitioners based on
costs incurred in respect of business carried out before the commencement of this
determination.
(3) Nothing in this Determination applies to costs in proceedings transferred to the
Magistrates Court pursuant to the Courts Legislation Amendment and Repeal Act

2004 insofar as those costs relate to work undertaken prior to the date of transfer.

No minimum charge
4. In no respect is the Scale to be seen as providing a minimum charge for any work

should be allowed in a particular case.

other than the items referred to in clause 5. For example, item 2(b) provides for
$2288 for the work involved. The figure of $2288 is a maximum, but on taxation less
than $2288 might be allowed. Where there is a set cost or time or level of fee earner
indicated, the purpose is to indicate to the Assessing Officer what reasonably may be

expected in most cases.

Fixed items
5. Some items in the Scale have been fixed without any indication of how these items
have been calculated. These items are 1, 2(a), 4(a), 12, 13(c), 18(a)(ii), 19, 21 and
22(a). These have been fixed because, based on past practices, the Court staff require
a fixed figure when completing the form of Entry of Judgment by Default and the

like.

Time estimates
6. The reason for stating the number of hours estimated to be necessary to perform
each of the items of work described in the Scale is to provide guidance to the Court
when dealing with the question of costs so that the Court has some idea how much
time is reasonably necessary to perform work in most cases. For example, in item
16(a), which relates to preparation for trial or getting up case for trial, the time
indicated is that which can be expected in most cases. Some items reflect a number
of hours that have been estimated so as to include work done with respect to the
process of obtaining and considering evidence, interrogatories, documents,
disclosures and the like, for example items 2(b), 4(b), 5, 10 and 20. The hours
referred to in the Scale will guide the Assessing Officer about the amount which

30 June 2005 GOVERNMENT GAZETTE, WA 2989

Settled proceedings

7. It is intended that item 14 should apply even if there is no trial. Thus, if the case is settled before trial and the practitioner can demonstrate that preparation for trial was carried out, costs may be recovered for that work and allowed on an assessment of costs.

Hourly rates

8. The hourly and daily rates set out in the Table to this clause are the maximum hourly and daily rates, inclusive of GST, which the Legal Costs Committee determines shall be used to calculate the dollar amounts in the scale of costs set out in the Table to clause 9. Except for certain items, each item in the Scale of Costs specifies a dollar amount with reference to the fee earner.

Table to Clause 8

Maximum

Fee Earner allowable

hourly rates

Senior Practitioner (admitted for 5 years or hourly rate $286

more) (SP)a

Junior Practitioner (admitted for less than 5 hourly rate $198

years)	(JP) a
Clerk/Paralegal	(C/PL) hourly rate $88

Counsel fees charged as a disbursement to practitioners or charged by in-house Counsel:

Counsel	(C)*	hourly rate	$220
daily rate	$1540
Senior Counsel	(SC)f	hourly rate	$363
daily rate	$2541

a The reference to Junior Practitioner or to Senior Practitioner in this Determination includes all legal practitioners even if the services were rendered in another State or Territory. Where a local practitioner has held an interstate practice certificate, the length of admission in that other jurisdiction is to be counted in assessing that practitioner's years of admission for the purposes of this Determination.

* The reference to Counsel in this Determination means a practitioner acting as in any State or Territory in Australia and whose appointment is afforded recognition by the Chief Justice of the Supreme Court of Western Australia.
a barrister other than as Senior Counsel.
f The reference to Senior Counsel in this Determination includes reference to

Scale of costs
9. Unless a practitioner has made a written agreement as to costs with a client
under the provisions of section 221 of the Legal Practice Act 2008, the costs of or in

relation to a party to an action or other proceeding (inclusive of GST and Counsel

fees but exclusive of other disbursements)—

(a) recoverable from one party by another party; or

b) payable by a party to that party's own practitioner,

shall not exceed the amounts set out in the Table to this clause.

Table to Clause 9
MAGISTRATES COURT CiVIL JURISDICTION SCALE OF COSTS 2005

Fee Maximum

Item Time Amount

Earner

1.	Letter of demand issued prior to	55
proceedings
2.	Claim—

(a)	Claim, including instructions, but excluding Statement of Claim	286
For each additional defendant	33

(b) Statement of Claim (including preparation and lodgement of a particulars of claim, where necessary or by order, and statutory declaration and list of documents) 8 hours SP 2288

2990 GOVERNMENT GAZETTE, WA () -June 2005

Fee Maximum

Item Time Amount

Earner

3.	Appointment of litigation guardian	2 hours	JP	396
4.	Response—

(a)	Lodging a response to a claim	143
(b) Statement	of	defence

(including	preparation	and
lodgement	of	statutory

a

declaration) 8 hours SF 2288

(c) Counterclaim, including

instructions and statement of claim in the counterclaim,

statutory declaration in

support of counterclaim (where required), and all other documents necessary 8 hours SP 2288

5. Third party claim, including

instructions and list of documents 8 hours SF 2288

6.          Disclosure—

Giving additional disclosure where

ordered by the Court 3 hours JP 594

7.          Inspection—

Inspection and giving inspection per hour JP 198

8.          Interrogatories—

Answers to interrogatories
including affidavit 5 hours SF 1430
9.	Interpleaders- Interpleader proceedings—

(a) where uncontested 1 hour JP 198

(b) where contested An allowance in accordance with item 10.

10.          Application to the Court

Proceedings and/or responses to 1 day

applications (including all preparation

documentation and preparation for !.4 day

hearing) hearing C 2310

proceedings do not commence and Note: In relation to the above, if the

settle or adjourn on the day of the hearing then the Assessing Officer

shall allow such amount as is
reasonable in the circumstances

11.          Applications in court, including applications under Part 21 of the Magistrates Court (Civil

Proceedings) 2005, not

Rules

otherwise provided for 1 hour SF 286

12.         Application for entry of judgment

by default (without trial) 88
13.	Offers of settlement, notices, practice directions, applications, declarations, memoranda, affidavits—
(a) Offers of settlement 2 hours SP 572
(b) Acceptance of offer of

settlement 2 hours SP 572

(c)	Other notices and certificates referred to or required by the Act, Rules or procedures of the Court (including practice
directions) not otherwise
specified in this Scale 99
(d)	Preparation lodging and
service of affidavits and
statutory declarations not
otherwise provided for per hour SF 286
(e)	Drawing and serving of
interlocutory (where

orders

ordered or required) 2 hours JP 396

(I) Preparation lodgement and service of a listing conference memorandum 3 hours SF 858

30 June 2005 GOVERNMENT GAZETTE, WA 2991

Fee Maximum

itOfli Time Amount

Earner

(g) Applications in court not

otherwise provided for 1 hour JP 198

Getting up—

Preparation for trial (includes work reasonably and necessarily undertaken prior to commencement of proceedings) 30 hours SP 8580

15.	Examination of witness before trial	An allowance
by a practitioner, pursuant to an	in accordance
order	with item 16(c)

or (d)

16.         Trial—

(a) Fee on brief for Counsel ie 2 days

first day of trial and preparation

preparation 1st day of C 4620

trial

(b) Fee on brief for Senior 2 days

Counsel ie first day of trial	preparation
and preparation (where two or	1st day of

more Counsel are certified for) trial SC 7623

(c)	Counsel fee for the second and
each successive day of hearing C 1540
(d)	Counsel fee for Senior Counsel

for second and each successive

day of hearing (where two or

more Counsel are certified for) (e) Instructing SC 2541

practitioner

attending trial, where certified

for per hour JP 198

(I) Clerk attending trial per hour C/FL 88

(g) Where the only issue to be tried is the assessment of damages, two thirds of the amounts prescribed by Items 14 and 16(a), (b) (c) and (d) shall allowable, unless be

otherwise the

directed by

Court

Note: In relation to paragraphs
(a)—(g) if—

The trial lasts less than 2 hours; or

(2) trial

The does not

commence and settles or adjourns on the day of the trial,

then the Assessing Officer shall

allow such amount as is reasonable

in the circumstances

(h) Attending on reserved

judgment per hour SP 286

17.	Pretrial, mediation, conferrals, or other conferences
(a) order of the Court, by the )

Where required by an Act, )

Rules	or	by	practice )
direction; and)	per hour	SF	286

(b) Including informal )

conferences where

reasonably held after

commencement
proceedings) of

18.         Judgments and orders—

(a) Settling and extracting

judgment or order

(i)	with appointment	1 hour	JP	198
(ii)	without appointment	143

(b) Issue of certified copy of

judgment or order 0.5 hours C/FL 88

2992 GOVERNMENT GAZETTE, WA () -June 2005

Fee Maximum

Item Time Amount

Earner

19.          Enforcement

Lodgement of an application to enforce a judgment pursuant to Civil Judgements Enforcement Act 2004 143

20.         Proceedings in court pursuant to 2004 for the following— Civil Judgements Enforcement Act

(a) Means Inquiry

(b) Default Inquiry

(c) Suspension order application enforcement

of

(d) Application to cancel or amend

an order;

For	each	appearance	by
practitioner	8 hours	SP	2288
For each appearance by clerk	3 hours	C/PL	264

21.          Registration of judgments

those under Service and Execution	Registration of judgments including
of Process Act 1992 (C wit h)	143

22.

Assessment of costs including
drawing bill—

(a) Lodgement of bill of costs ) 33

(b) Drawing bill of costs, copies ) and service ) Such amounts

as are

(c) Making an objection to a bill SP

) reasonable in

(d) Assessment of costs the

(including the time spent in circumstances

preparing	for	the
assessment)

23.	Appeals—	Allowances calculated in
An appeal to a Magistrate from a	accordance
decision of a Registrar	with item 10
24.	Copying—

Photocopies where necessary, including of documents for which allowance is otherwise made in this determination per page 1.00

25. Accounts and inquiries Such amounts

as are

Attending on taking accounts, reasonable in

inquiries SP the

circumstances

26. Other work—

Time reasonably spent by a

(a) practitioner on work requiring

the skill of a practitioner (of Sc 363

the standing but SP 286

indicated)

not covered by any other item	per hour	C	220
JP	198

or

C/PL 88

Time reasonably spent by a

(b) practitioner, or by a clerk or

paralegal of a practitioner, on work not covered by any other item or by paragraph (a)

30 June 2005 GOVERNMENT GAZETTE, WA 2993

27. I 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

28.	Allowances for witnesses— The amount of any costs to be paid in respect of work done by a practitioner in conducting any proceedings in a case may include a reasonable allowance for—
(a) witnesses called because of their professional, scientific or other special skill

or knowledge; and

witnesses called other than those covered in paragraph (a). In fixing an

(b) allowance for witnesses under paragraph (b) including the Claimant and

Defendant, the Assessing Officer may have regard to the amount of salary, wages, or income (if any) actually lost by the witness.

Made by the Legal Costs Committee on 27 June 2005.

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