Legal Practitioners (Official Prosecutions) (Defendants' Costs) Determination 1999 (WA)
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WESTERN 4579 AUSTRALIAN
GOVERNMENT
PERTH, FRIDAY, 17 SEPTEMBER 1999 No. 180 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM
LEGAL PRACTITIONERS ACT 1893
_________
LEGAL PRACTITIONERS
(OFFICIAL
PROSECUTIONS)
(DEFENDANTS’ COSTS)
REPORT 1999
_________
OFFICIAL
PROSECUTIONS
(DEFENDANTS’ COSTS) DETERMINATION 1999
17 September 1999] GOVERNMENT GAZETTE, WA 4581 LEGAL PRACTITIONERS ACT 1893
LEGAL PRACTITIONERS (OFFICIAL
PROSECUTIONS) (DEFENDANTS’
COSTS) REPORT 1999
Made by the Legal Costs Committee under section 58ZA of the Act.
PART 1—PRELIMINARY
Citation
1. (1) This report may be cited as the Legal Practitioners (Official Prosecutions)
(Defendants’ Costs) Report 1999.(2) The determination set out in the Schedule to this report is referred to in this report as the Official Prosecutions (Defendants’ Costs) Determination 1999.
PART 2—NOTICE AND INQUIRIES
Notice under section 58Y of the Act
2. The Legal Costs Committee has complied with the notice provisions of section58Y of the Act.
Inquiries and submissions under section 58Y of the Act
3. (1) Before making the Official Prosecutions (Defendants’ Costs) Determination 1999, the Legal Costs Committee reviewed all submissions received as a result of the notice given under section 58Y of the Act.
(2) The Legal Costs Committee consulted with the Court.
(3) The Legal Costs Committee consulted with the Crown Solicitor who provided information with respect to the number of orders made for the 3 preceding financial years and the total costs paid out in each of those years.
(4) The Legal Costs Committee received submissions from the Criminal Law Association and conducted oral hearings with representatives from the Association.
(5) The Legal Costs Committee received submissions from Legal Aid Western Australia.
(6) The Law Society of Western Australia (Inc.) did not submit an independent comment but endorsed the submissions of the Criminal Law Association.
PART 3—REPORT OF THE COMMITTEE’S CONCLUSIONS
Hourly and daily rates introduced and scale of costs amended
4. (1) Subject to subclause (3), it is the recommendation of the Legal Costs Committee, after reviewing the information gained as a result of the inquiries and submissions described in clause 3, that the hourly rates charged by practitioners under the Legal Practitioners (Local Court) (Contentious Business) Determination 1997* should be adopted as the basis for costs for the supply of legal services covered by the Official Prosecutions (Defendants’ Costs) Determination 1999.
(2) The hourly rates referred to in subclause (1) are set out in the Table to clause 5(1) of the Official Prosecutions (Defendants’ Costs) Determination 1999.
(3) It is the recommendation of the Legal Costs Committee, after reviewing the information gained as a result of the inquiries and submissions described in clause 3, that the daily rates charged by counsel under the Legal Practitioners (Supreme Court) (Contentious Business) Determination 1999** should be adopted as the basis for costs for counsel fees on appeal as set out in items 3 and 4 of the scale of costs in the Table to clause 6 of the Official Prosecutions (Defendants’ Costs) Determination 1999.
(4) The daily rates referred to in subclause (3) are set out in clause 5 (2) of the
Official Prosecutions (Defendants’ Costs) Determination 1999.
4582 GOVERNMENT GAZETTE, WA [17 September 1999 (5) It is the recommendation of the Legal Costs Committee as a result of inquiries and submissions described in clause 3 that the scale of costs set out in the Table to clause 6 of the Official Prosecutions (Defendants’ Costs) Determination 1999 be adopted.
(6) The Legal Costs Committee considers that it is impossible to include an item for witness fees because of the wide range of occupations of witnesses who are called to give evidence. Witness fees should be allowed as a disbursement and at the discretion of the Court or the taxing officer.
(7) The recommendation of the Legal Costs Committee under subclause (6) is not intended to affect the generality of item 7 of the scale of costs set out in the Table to clause 6 of the Official Prosecutions (Defendants’ Costs) Determination 1999.
*[Published in Gazette 25 March 1997 pp. 1607-16] **[Published in Gazette 15 June 1999 pp. 2563-69]
TED SHARP, Chairman.
CHRIS PULLIN QC, Deputy Chairman.
ANGELA GAFFNEY, Member.
JILL VANDER WAL, Member.
JANET DAVIDSON, Member.PATRICK COWARD, Member.
17 September 1999] GOVERNMENT GAZETTE, WA 4583
SCHEDULE
LEGAL PRACTITIONERS ACT 1893
OFFICIAL PROSECUTIONS
(DEFENDANTS’ COSTS) DETERMINATION 1999
Made by the Legal Costs Committee under section 58W of the Act.
Citation
1. This determination may be cited as the Official Prosecutions (Defendants’ Costs) Determination 1999.
Commencement
2. This determination comes into operation on 1 October 1999.
Interpretation
3. Words and phrases used in this determination have the same meaning as in the
Official Prosecutions (Defendants’ Costs) Act 1973.
Application
4. (1) This determination applies to the remuneration of practitioners in respect of
an official prosecution carried out by practitioners in or for the purposes of
proceedings before a Court.
(2) This determination does not apply to the remuneration of practitioners based on costs incurred in respect of instructions taken before the commencement of this determination.
5. (1) The hourly rates set out in the table to this subclause are the hourly rates
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 6.
Table
Fee Earner Rates
Practitioner (admitted for more than 5 years) (SP) ... hourly rate $215 Junior Practitioner (admitted for less than (JP) ... hourly rate $150 5 years)
Clerk/Paralegal (CPL) ... hourly rate $65 (2) The daily rates set out in the Table to this subclause are the daily rates which the Legal Costs Committee determines shall be used to calculate the dollar amounts in items 3 and 4 of the scale of costs set out in the Table to clause 6.
Table
Fee Earner Rates
Junior Counsel ................................... daily rate $2300 Queen’s Counsel ................................... daily rate $3500
4584 GOVERNMENT GAZETTE, WA [17 September 1999 Scale of costs
6. The costs recoverable by a successful defendant in an official prosecution (inclusive of counsel fees but exclusive of other disbursements) shall not exceed the amounts set out in the Table to this clause.
Table
OFFICIAL PROSECUTIONS (DEFENDANTS’ COSTS) SCALE OF COSTS
Item Item Time $ No. 1 First day of trial including preparation of
case for trial and counsel fee 10 hours 2150 2
Second or subsequent day of trial 5 hours 1075 3 Appeal—
(a) Junior Counsel 1 day preparation )
) 4600
1 day hearing )
(b) Queen’s Counsel (if 2 or more 1 day preparation )
counsel certified for) ) 7000
1 day hearing )
4 Second or subsequent day of appeal—
(a) Junior Counsel 1 day 2300 (b) Queen’s Counsel (if 2 or more 1 day 3500 counsel certified for)
5 Counsel fee for attending court for 1 hour 215 reserved decision on appeal 6 Notice of appeal or motion for order nisi 10 hours 2150 7 Disbursements— In addition to the fees allowed under this determination disbursements may be allowed as are necessarily or reasonably incurred.
Made by the Legal Costs Committee on the 14th day of September 1999.
17 September 1999] GOVERNMENT GAZETTE, WA 4585 4586 GOVERNMENT GAZETTE, WA [17 September 1999
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