Legal Practitioners (Workers' Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate's Court) Determination 2003 (WA)

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WESTERN	537
AUSTRALIAN GOVERNMENT

PERTH, WEDNESDAY, 19 FEBRUARY 2003 No. 25 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.30 PM

© STATE OF WESTERN AUSTRALIA

LEGAL PRACTITIONERS ACT 1893

_________

LEGAL PRACTITIONERS

(WORKERS’ COMPENSATION)
(CONCILIATION PROCEEDINGS,
REVIEW PROCEEDINGS AND
COMPENSATION MAGISTRATE’S

COURT) REPORT 2003

_____

LEGAL PRACTITIONERS
(WORKERS’ COMPENSATION)
(CONCILIATION PROCEEDINGS,
REVIEW PROCEEDINGS AND
COMPENSATION MAGISTRATE’S
COURT) DETERMINATION 2003

19 February 2003 GOVERNMENT GAZETTE, WA 539

LEGAL PRACTITIONERS ACT 1893

LEGAL PRACTITIONERS (WORKERS’ COMPENSATION) (CONCILIATION
PROCEEDINGS, REVIEW PROCEEDINGS AND COMPENSATION

MAGISTRATE’S COURT) REPORT 2003

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 (Workers’ Compensation)

(Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s
Court) Report 2003.

(2) The determination set out in the Schedule to this report is referred to in this report as the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Determination 2003.

PART 2—NOTICE AND INQUIRIES

Notice under section 58Y of the Act

2. The Legal Costs Committee has complied with section 58Y of the Act.

Review under section 58X of the Act
3. The Legal Costs Committee has reviewed the previous determination1 made on

13 June 2000.

Inquiries and submissions under Section 58Y of the Act
4. (1) Before making the Legal Practitioners (Workers’ Compensation) (Conciliation

Proceedings, Review Proceedings and Compensation Magistrate’s Court)
Determination 2003 the Legal Costs Committee—

(a) reviewed all submissions received as a result of the notices given under section 58Y of the Act;

(b) consulted with the Chief Magistrate of the Local Court;

(c) consulted with the Conciliation and Review Directorate, established in accordance with Division 1A of Part V of the Workers’ Compensation and Rehabilitation Act 1981;

(d) consulted with the Law Society of Western Australia (Inc.);

(e)	considered the Legal Practitioners (Local Court) (Contentious Business) Determination 20022;
(f)	reviewed the impact of movements in the Consumer Price Index for the financial years ending 30 June 1997 to 30 June 2002 (inclusive); and
(g)	had regard to the impact of the Goods and Services Tax on the level of fees charged by Practitioners.

5. The Committee noted that there has been no increase in the maximum hourly

and daily rates chargeable by Practitioners for over 5 years.

1[Published in the Government Gazette on 23 June 2000 at pp.3237-3247]
2[Published in the Government Gazette on 24 September 2002 at pp 4749- 4757]

PART 3—REPORT OF THE COMMITTEE’S CONCLUSIONS

Hourly and daily rates changed—scale of costs amended Magistrate’s Court) Determination 2003 are inclusive of any provision for the Goods and Services Tax, that from and including the date of that determination coming into operation, the Legal Practitioners (Effect on Costs of a New Tax System) (Goods and Services Tax) Determination 2000 as published in the Gazette on 15 September 2000 p5411 will no longer apply to the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings and Compensation Magistrate's Court) hourly rates and scale of costs from that date.
6. (1) 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 4,
that the hourly rates charged by practitioners under the Legal Practitioners (Local
Court) (Contentious Business) Determination 2002 should be adopted as the basis
for costs for the supply of legal services covered under the Legal Practitioners
(Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and
Compensation Magistrate’s Court) Determination 2003.
(2) The hourly rates referred to in subclause (1) are set out in the Table to clause 4 of
the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review
Proceedings and Compensation Magistrate’s Court) Determination 2003.
(3) It is the recommendation of the Legal Costs Committee as a result of inquiries
and submissions described in clause 4 that the scale of costs be as set out in the
Table to clause 4 of the Legal Practitioners (Workers’ Compensation) (Conciliation
Proceedings, Review Proceedings and Compensation Magistrate’s Court)
Determination 2003.
(4) It is the further recommendation of the Committee, given the amendments to the
hourly rates and scale of costs in the manner set out in the Table to clause 4 and in
the Schedules to clauses 7, 8 and 9 of the Legal Practitioners (Workers’

TED SHARP, Chairman.
MICHAEL McPHEE, Deputy Chairman.
JANINE FREEMAN, Member.
ANGELA GAFFNEY, Member.
CLARE THOMPSON, Member.

MARCUS COCKER, Member.

Schedule

LEGAL PRACTITIONERS ACT 1893
LEGAL PRACTITIONERS (WORKERS’ COMPENSATION) (CONCILIATION
PROCEEDINGS, REVIEW PROCEEDINGS AND COMPENSATION
MAGISTRATE’S COURT) DETERMINATION 2003

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 (Workers’
Compensation) (Conciliation Proceedings, Review Proceedings and Compensation
Magistrate’s Court) Determination 2003.

19 February 2003 GOVERNMENT GAZETTE, WA 541

Commencement

2.     This determination comes into operation on 1 March 2003.

Application
3. (1) Subject to subclause (2) this determination applies to contentious business

carried out by practitioners in or for the purposes of proceedings before—

(a) a conciliation officer; or
(b) a review officer; or

(c) a compensation magistrate’s court,

within the meaning of the Workers’ Compensation and Rehabilitation Act 1981.
(2) This determination does not apply to costs incurred with respect to the matters

referred to in subclause (1) before the commencement of this determination.

PART 2—DETERMINATION BY COMMITTEE

Hourly rates
4. (1) The Committee reviewed the information referred to in clause 4 of the Legal Practitioners (Workers’ Compensation) (Conciliation Proceedings, Review Proceedings and Compensation Magistrate’s Court) Report 2003 and determined that—

(a)	in view of the flexibility afforded by the estimated times described in the Schedules; and
(b)	the provision in each Schedule allowing a practitioner to charge costs which do not exceed the maximum amounts set out in the Scales,

the appropriate hourly rates are comparable with those of the Local Court.
(2) The rates set out in the Table to this subclause are identical to those set out in

the Legal Practitioners (Local Court) (Contentious Business) Determination 2002.

Table to Clause 4

Fee Earner Maximum

allowable hourly

rates

Practitioner (admitted for

more than 5 years) (“SP”)	$250 per hour
Junior Practitioner (admitted for
less than 5 years) (“JP”)	$175 per hour
Clerk or para legal (supervised
by a practitioner) (“CPL”)	$75 per hour

Time based Scales of Costs
5. (1) In 1997 the Committee determined that time based Scales of Costs should

continue to be adopted with respect to proceedings before—

(a) a review officer; and

(b) a compensation magistrate’s court.

(2) The Committee determines that the Scales of Costs for the above proceedings and calculation of fees under each of the items in the Schedules to clauses 7, 8 and 9, will cease to be of any further force or effect.

those before a conciliation officer shall continue to be time based.
Legal Practitioners (Effect on Costs of a New Tax System) (Goods and
Services Tax) Determination 2000 (GST Determination)
6. From and including the date of commencement of this determination, the GST

The Schedules

Schedule 1

7.     Schedule 1 has effect with respect to proceedings before a conciliation officer.

Schedule 2

8.     Schedule 2 has effect with respect to proceedings before a review officer.

Schedule 3
9. Schedule 3 has effect with respect to proceedings before a compensation

magistrate’s court.

Schedule 1
CONCILIATION PROCEEDINGS COSTS SCALE

Maximum amounts

1. Subject to clause 2 of this Schedule 1, the costs payable to a practitioner for each

item described in column 2 of this Schedule 1 must not exceed the maximum amount
opposite and corresponding to that item set out in column 5 of this Schedule 1.

Provision for complex matters
2. Where any matter in relation to which remuneration is prescribed under items
1—6 of this Schedule 1 is unusually complex, a practitioner is entitled to charge the

remuneration which is reasonable in the circumstances.

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

1             Preparing and lodging application for

conciliation (Form 1) including

instructions. 1-2 CPL—SP 75-500

2             Preparing for conference which

includes getting up case for
conference and consists of all aspects
not otherwise specified associated

with preparing for the conference. 1-2 CPL—SP 75-500

3

Attendance at conciliation conference	SP	250
by practitioner, clerk or paralegal—	JP	175
per hour.	CPL	75

4

Any other time necessarily spent not	SP	250
included in any item in this scale—	JP	175

per hour.

CPL 75

19 February 2003 GOVERNMENT GAZETTE, WA 543

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

5	Electronic communications and copying
(a) For each communication

electronically transmitted or

received—

irrespective of number of pages.	5.00
(b)	Photocopies where necessary—
per page. 0.50

6

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.

Schedule 2

REVIEW PROCEEDINGS COSTS SCALE

Maximum amounts

1. Subject to clause 2 of this Schedule 2, the costs payable to a practitioner for each

item described in column 2 of this Schedule 2 must not exceed the maximum amount
opposite and corresponding to that item set out in column 5 of this Schedule 2.

Provision for complex matters
2. Where any matter in relation to which remuneration is prescribed under items
1—9 of this Schedule 2 is unusually complex, a practitioner is entitled to charge the

remuneration which is reasonable in the circumstances.

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

1             Preparing and lodging application

(Form 3) including instructions. 0.5-1 CPL—SP 38-250

2             Preliminary hearing in review

including preparation for hearing. 1-3 CPL—SP 75-750
3	Particulars and discovery (a) Providing particulars (where

0.5-2 CPL—SP 38-500

ordered).

(b)	Giving discovery of documents
(where ordered). 0.5-2 CPL—SP 38-500

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

4             Preparing for review hearing which includes getting up case for review hearing and consists of all aspects not otherwise specified associated with preparing for the review

hearing, including taking statements

from and proofing witnesses. 2-12 CPL—SP 150-3,000

5             Review hearing

(a) Counsel fee on review hearing (includes preparation and first day of review hearing). 3-12 CPL—SP 225-3,000

(b) Counsel fee for second and each

successive day of review hearing. Note: In relation to item (a) and item
(b), if the review hearing— 2-8 CPL—SP 150-2,000

(1)	lasts less than 2 hours; or
(2)	does not commence and is settled or adjourned on the day of the hearing,

then the amount which is applicable under items (a) and (b) will be the amount which is reasonable in the circumstances.

(c) Paralegal, clerk or practitioner

attending review hearing—per	CPL	75
hour.	JP	175

6	Any other time necessarily spent not	CPL	75
included in any item in this Scale—	JP	175
per hour.	SP	250
7	Taxation and costs

(a)	Preparing bill of costs, including
filing, service and copies. 0.5-1 CPL—JP 38-175

(b) Attending taxation—per hour.	CPL	75
JP	175

8	Electronic communications and copying
(a) For each communication

electronically transmitted or

received—

irrespective of number of pages. 5.00

(b) For each photocopy—per page. 0.50

19 February 2003 GOVERNMENT GAZETTE, WA 545

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

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

Schedule 3

COMPENSATION MAGISTRATE’S COURT COSTS SCALE

Maximum amounts

1. Subject to clause 2 of this Schedule 3, the costs payable to a practitioner for each

item described in column 2 of this Schedule 3 must not exceed the maximum amount
opposite and corresponding to that item set out in column 5 of this Schedule 3.

Provision for complex matters

2. Where any matter in relation to which remuneration is prescribed under items 1—10 of this Schedule 3 is unusually complex, a practitioner is entitled to charge the remuneration which is reasonable in the circumstances.

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

1             Initial attendance to take

instructions including, where
applicable, reviewing transcripts and
preparation and lodgement of any
Notice of Appeal or preparation of a
response to an appeal (as the case

may be). 2-8 CPL—SP 150-2,000

2             Attendance at court prior to hearing

(including pre-trial conference,
directions hearing or preliminary
hearing) and including preparation

for the conference. 1-3 CPL—SP 75-750

3

Appearances in Chambers not	CPL	75
otherwise dealt with—per hour.	JP	175

SP 250

4             Particulars and discovery

(a) Providing discovery (where

ordered). 0.5-2 CPL—SP 38-500

(b)	Providing particulars (where
ordered). 0.5-2 CPL—SP 38-500

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

(c)	Preparing agreed statement of
facts. 0.5-2 CPL—SP 38-500

In respect of items (b) and (c), the fee includes filing, service and all copies.

5             Preparing for hearing which involves

getting up case for hearing and
consists of all aspects not otherwise specified associated with preparing for the hearing, including, where
applicable, taking statements from
and proofing witnesses, advice on
evidence and law and delivering brief
to counsel, and includes Chambers applications to strike out an appeal, for a stay, for an extension of time in which to appeal, for an expedited
hearing date or to enforce orders of

the Court. 2-10 CPL—SP 150-2,500

6             Hearing

(a) Counsel fee on hearing (includes

preparation and first day of

hearing). 3-12 CPL—SP 225-3,000

(b)	Counsel fee for second and each
successive day of hearing. 2-8 CPL—SP 150-2,000
(c)	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 items (a) and (b) if counsel had appeared alone.

Note: In relation to items (a), (b) and

(c), if the hearing—

(1)	lasts less than 2 hours; or
(2)	does not commence and is settled or adjourned on the day of hearing,

then the amount which is applicable
under items (a), (b) and (c), will be
the amount which is reasonable in

the circumstances.

(d)	Paralegal, clerk or practitioner	CPL	75
attending hearing—per hour.	JP	175
SP	250
(e)	Attending on a reserved
judgment.	1-2	CPL—SP	75-500

19 February 2003 GOVERNMENT GAZETTE, WA 547

Column	Column	Column	Column	Column
1	2	3	4	5

TIME FEE

ITEM DESCRIPTION $

HOURS EARNER

7	Any other time necessarily spent not	CPL	75
included in any item in this Scale—	JP	175
per hour.	SP	250
8	Issuing and arranging service of

witness summons including copies. 0.5-1 CPL 38-75

9             Taxation of costs

(a) Preparing bill of costs, including

filing, service and copies.	0.5-1	CPL—JP	38-175
(b)	Attending on taxation—per	JP	175
hour.

10	Electronic communications and copying
(a) For each communication

electronically transmitted or

received—

irrespective of number of pages. 5.00

(b) For each photocopy—per page. 0.50

11

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 21 January 2003

TED SHARP, Chairman
MICHAEL McPHEE, Deputy Chairman
JANINE FREEMAN, Member
ANGELA GAFFNEY, Member
CLARE THOMPSON, Member

MARCUS COCKER, Member

!200300025GG!