Legal Practitioners (Supreme Court) (Contentious Business) Determination 1999 (WA)
PRINT POST APPROVED PP665002/00041
15 June 1999] WESTERN GOVERNMENT GAZETTE, WA 2563 2563 AUSTRALIAN
GOVERNMENT
PERTH, TUESDAY, 15 JUNE 1999 No. 103 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM
LEGAL PRACTITIONERS ACT 1893
LEGAL PRACTITIONERS
(SUPREME COURT)
(CONTENTIOUS BUSINESS)
DETERMINATION 1999
2564 GOVERNMENT GAZETTE, WA [15 June 1999
15 June 1999] GOVERNMENT GAZETTE, WA 2565 LEGAL PRACTITIONERS ACT 1893
LEGAL PRACTITIONERS (SUPREME COURT) (CONTENTIOUS BUSINESS)
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 (Supreme Court) (Contentious Business) Report 1999.(2) The determination set out in the Schedule to this report is referred to in this report as the
Supreme Court (Contentious Business) 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 section 58Y of the Act.
Inquiries and submissions under section 58Y of the Act
3. Before making the Supreme Court (Contentious Business) Determination 1999, the Legal Costs Committee—
(a) reviewed all submissions received as a result of the notice given under section 58Y of the Act; (b)
conducted oral hearings with interested parties including Registrars from the Supreme Court and the District Court; and
(c) reviewed the operation of the time based system of calculating costs. PART 3—REPORT OF THE COMMITTEE’S CONCLUSIONS
Hourly and daily rates unchanged—scale of costs amended
4. (1) The information gained as a result of the inquiries and submissions described in clause 3 satisfied the Legal Costs Committee that the existence of competition for the supply of legal services made if appropriate to continue to adopt the hourly and daily rates charged by practitioners as the basis for the rates used in the Supreme Court (Contentious Business) Determination 1999.
(2) It is the recommendation of the Legal Costs Committee as a result of the inquiries and submis- sions described in clause 3 that the hourly and daily rates referred to in subclause (1) are not varied from the hourly and daily rates used in the Legal Practitioners (Supreme Court) (Contentious Busi- ness) Determination 1996*. Those rates are set out in the Table to clause 5 of the Supreme Court (Contentious Business) Determination 1999.
(3) It is the recommendation of the Legal Costs Committee as a result of the inquiries and submis- sions described in clause 3 that the scale of costs be varied in the manner set out in the Table to clause 6 of the Supreme Court (Contentious Business) Determination 1999.
(4) The recommendations of the Legal Costs Committee are not intended to override the entitlement of a practitioner to make a written agreement as to costs with a client under the Legal Practitioners Act 1893.*[Published in Gazette 20 December 1996 pp. 7077-87].
TED SHARP, Chairman.
CHRIS PULLIN QC, Deputy Chairman.
ANGELA GAFFNEY, Member.
JILL VANDER WAL, Member.
JANET DAVIDSON, Member.
PATRICK COWARD, Member.
Schedule
LEGAL PRACTITIONERS ACT 1893
SUPREME COURT (CONTENTIOUS BUSINESS) DETERMINATION 1999
Made by the Legal Costs Committee under section 58W of the Act.
Citation
1. This determination may be cited as the Supreme Court (Contentious Business) Determination 1999.
Commencement
2. This determination comes into operation on 1 July 1999.
2566 GOVERNMENT GAZETTE, WA [15 June 1999 Application 3. (1) This determination applies to the remuneration of practitioners in respect of contentious busi-
ness carried out by practitioners in or for the purposes of proceedings before—
(a) the Supreme Court; and
(b)
the District Court other than contentious business to which the District Court Appeals (Con- tentious Business) Determination 1999 applies.
(2) This determination does not apply to the remuneration of practitioners based on a written agree-
ment as to costs under the Legal Practitioners Act 1893.
(3) This determination does not apply to the remuneration of practitioners based on costs incurred
before 1 July 1999.
Application of O.66, r11(3), r12, r13, r18, r19, r20(3), r21 and r23 of the Rules of the
Supreme Court4. In the circumstances set out in Order 66, rules 11(3), 12, 13, 18, 19, 20(3), 21 and 23 of the Rules of
the Supreme Court, the Committee determines that the Court or the Taxing Officer, as the case may be,
has the power to make the orders and allowances referred to in those rules.
Hourly and daily rates
5. (1) The hourly and daily rates set out in the Table to this clause are the maximum hourly and daily 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. Each item in the scale of costs specifies a dollar amount with reference to the fee earner.
(2) The rates referred to in subclause (1) were ascertained in the manner set out in clause 7 of the
Legal Practitioners (Supreme Court) (Contentious Business) Determination 1996*
Table
Fee Earner
Senior Practitioner (admitted for more than 5 years)
(SP) — hourly rate $270
Junior Practitioner (admitted for less than 5 years)
(JP) — hourly rate $180
Clerk/Paralegal (C/PL) — hourly rate $130 Counsel fees charged as a disbursement to practitioners or charged by in-house counsel:
Junior Counsel (JC) — hourly rate $210
— daily rate $2300
Queen’s Counsel (QC)† — hourly rate $370 — daily rate $3500 †The reference to a Queen’s Counsel in this determination includes reference to Senior Counsel appointed in any State or Territory in Australia and whose appointment is afforded recognition by the Chief Justice of the Supreme Court of Western Australia.
*[Published in Gazette 20 December 1996 pp. 7077-87]
Costs
6. (1) Subject to the provisions of subclause (2) and of the Legal Practitioners Act 1893 permitting a
practitioner 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 practitioner,
shall not exceed the amounts set out in the Table to this clause (except as otherwise provided in item
13A of the Table).(2) Allowances made under item 13A of the Table to this clause are only to be awarded as between practitioner and client, or if costs are awarded on an indemnity basis and not between party and party unless the Court otherwise orders.
TABLE
SUPREME COURT SCALE OF COSTS
Item Time Fee $ Earner
1. (a) Writ of summons, generally endorsed, 400 including instructions; or (b) Writ of summons with Statement of Claim 670 indorsed, including instructions; and (c) For each additional defendant 50
15 June 1999] GOVERNMENT GAZETTE, WA 2567
Item Time Fee $ Earner
2. Next friend or guardian ad litem 3 hours JP 540 3. Entry of judgment without trial 130 4. (a) Payment into or out of Court 2 hours JP 360 (b) Offer of compromise under O.24A 2 hours SP 540 (c) Acknowledgment of offer under O.24A 30 (d) Acceptance of offer of compromise under 2 hours SP 540 O.24A (e) Notice of offer to consent to judgment 2 hours SP 540 (f) Other notices referred to or required by the 30 Rules or procedures of the Court
(including practice directions)5. Memorandum of Appearance 0.5 hours C/PL 60 6. Pleadings
(a) Statement of Claim 10 hours SP 2,700 (b) Defence 10 hours SP 2,700
(c) Counterclaim 10 hours SP 2,700
(d) Reply (if necessary), defence to counterclaim, 10 hours SP 2,700 or any other pleading
7. (a) Third party notice 2 hours SP 540 (b) Pleadings in third party proceedings 6 hours SP 1,620 8. (a) Requesting particulars of a pleading (where 3 hours JP 540 and to the extent necessary)
(b) Giving particulars of a pleading 5 hours JP 900
9. (a) Notice requiring discovery 0.33 hours C/PL 30
(b) Giving discovery of documents 10 hours JP 1,800 (c) Inspection and giving inspection—per hour JP 180
10. (a) Delivery of interrogatories 5 hours SP 1,350 (b) Answers to interrogatories 10 hours JP 1,800
11. Examination of witness before trial by counsel or An allowance in practitioner, pursuant to order
accordance with item 14(c) or (d)
12. Application for and striking jury 1 hour JP 180 13. Getting up case for trial (subject to item 14(h)) 100 hours SP 27,000 (includes work reasonably and necessarily
undertaken prior to commencement of
proceedings)
13A (a) Time reasonably spent by a practitioner on SP/QC 270
work requiring the skill of a practitioner JC 210 (of the standing indicated) but not covered JP 180 by any other item—per hour
(b) Time reasonably spent by a practitioner, or C/PL 130 by a clerk or paralegal of a practitioner, on
work not covered by any other item or by
paragraph (a)—per hour
14. Counsel fees:
(a) Fee on brief, i.e. first day of trial and 3 days JC 9,200
preparation preparation;
1st day of trial
(b) Fee on brief for Queen’s Counsel, 3 days QC 14,000
i.e. first day of trial and preparation preparation; (where two or more counsel are 1st day of trial certified for)
(c) Counsel fee for the second and each
successive day of hearing JC 2,300
(d) Counsel fee for Queen’s Counsel for second QC 3,500 and each successive day of hearing (where two
or more counsel are certified for)
(e) Solicitor attending trial—per hour SP 270 (f) Clerk attending trial—per hour C/PL 130
2568 GOVERNMENT GAZETTE, WA [15 June 1999
Item Time Fee $ Earner
(g) Attending on a reserved judgment or at a SP 270 callover—per hour (h) Where the only issue tried is the assessment of damages, three quarters of the amounts prescribed by items 13, 14(a), 14(b), 14(c) and 14(d) shall be allowable, unless otherwise directed by the Court 15. Settling and extracting judgment or order
(a) With appointment 2 hours JP 360
(b) Without appointment 0.75 hours JP 135 16.
Drawing bill of costs, copies and service SP Such amounts as are reasonable in the circumstances 17.
Taking accounts; inquiries; taxation of costs; SP Such amounts as
including the time spent in preparing for the are reasonable in taxation the circumstances 18. Re-trial or Re-hearing
(a) Getting up case for re-trial or re-hearing Such amounts as are reasonable in the circumstances (b) Re-trial or re-hearing
19.
(a) Special case, case stated (otherwise than Such amounts as
by way of appeal) or trial of an issue are reasonable in (not covered by item 14(h)) the circumstances (b) For the second and each successive day of the trial or hearing 20. Appeals to a member of the Court or to the Full Court (including appeals by way of case stated):
(a) Notice of appeal, motion for order nisi to 15 hours SP 4,050 review, and the like
(b) Drawing and settling index 8 hours JP 1,440
(c) Getting up appeal for hearing 10 hours SP 2,700
(d) Counsel fee on hearing including 2 days JC 6,900
preparation
preparation; 1 day hearing
(e) Counsel fee for Queen’s Counsel including 2 days QC 10,500
preparation (where two or more counsel are preparation; certified for) 1 day hearing
(f) Counsel fee for the second and each JC 2,300 successive day of hearing (g) Counsel fee for Queen’s Counsel for second QC 3,500 and each successive day of hearing (where
two or more counsel are certified for)(h) Attending on reserved decision 2 hours JP 360
21. Originating motion, originating summons 2 days JC
or originating application
preparation; 1 day hearing
and
Getting up— SP 15,000 30 hours
22. Motions in Court not otherwise provided for 1 day JC 3,450 preparation
½ day hearing
23. Proceedings in Chambers other than 2 days JC 6,900
proceedings to which item 21 applies
preparation; 1 day hearing
24. Pretrial, mediation or other conferences— JP 270 required by order of the Court, by the direction—per hour
25.
Arbitration proceedings
The same costs as in an action.
15 June 1999] GOVERNMENT GAZETTE, WA 2569
Item Time Fee $ Earner
26. Proceedings, whether by action or otherwise, Such sum as is for the recovery of compensation for the taking reasonable in the
or resumption of land or any other property by circumstances the Crown in right of the State or of the
Commonwealth or by any other person, body
or instrumentality pursuant to any statutory
power
27.
Proceedings by way of prerogative writ
Allowances calculated in accordance with item 20
28. (a) Execution 200 (b) If against land, an additional 200
29. Photocopies where necessary—per page 0.80 30. 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.
Dated at Perth 8 June 1999.
2570 GOVERNMENT GAZETTE, WA [15 June 1999 !199900103GG!
0
0
0