Legal Practitioners (Workers' Compensation) (Review Proceedings and Compensation Magistrate's Court) Determination 1997 (WA)

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WESTERN

AUSTRALIAN

GOVERNMENT

aze

PERTH, MONDAY 23 JUNE 1997 No. 94 SPECIAL

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

LEGAL PRACTITIONERS ACT 1893

LEGAL PRACTITIONERS

(WORKERS'

COMPENSATION) (REVIEW

DETERMINATION 1997

PROCEEDINGS AND

COMPENSATION

MAGISTRATE'S COURT)

23 June 19971 GOVERNMENT GAZETTE. WA 2965

LEGAL PRACTITIONERS ACT 1893

LEGAL PRACTITIONERS (WORKERS' COMPENSATION)

(REVIEW PROCEEDINGS AND COMPENSATION MAGISTRATE'S COURT) DETERMINATION 1997

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

PART 1PRELIMINARY

Citation

1. This determination may be cited as the Legal Practitioners (Workers' Compensation)

(Review Proceedings and Compensation Magistrate's Court) Determination 1997.

Commencement

2. This determination comes into operation on 1 July 1997.

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 review officeq or

(b) a compensation magistrate's court,

within the meaning of the Worker's Compensation and Rehabilitation Act 1981.

(2) This determination does not apply to costs incurred with respect to the matters re-

ferred to in subclause (1) before 1 July 1997.

Notice under section 58Y of the Act

4. The Committee has complied with section 58Y of the Act.

PART 2REVIEW OF DETERMINATION

Review under section 58X of the Act

5. The Committee has reviewed the previous determination1 made on 16 May 1995.

l[Published in the Government Gazette on 26 May 1995 at pp. 2083-901

Inquiries carried out by the Committee

6. (1) As neither written nor oral submissions were received by the Committee from prac- titioners or members of the public in response to the notice under section 58Y of the Act, the Committee consulted with representatives from-

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

(b) the Law Society of Western Australia (Inc),

to facilitate the review and the making of the determination.

(2) The Committee was informed-

(a)

that, with respect to proceedings before a review officer-

(i)	approximately 80% of all disputes are settled by conciliation and do not pro- ceed to review;
(ii)	either or both of the parties were legally represented in approximately 15% of the 335 cases reviewed during 1996;

2966 GOVERNMENT GAZETTE. WA [23 June 1997

approximately 40% of the cases where both parties were legally represented dealt with the issue of liability, 25% dealt with pay levels and the balance dealt with other disputes relating to workers' compensation;

the length of a review varies from 1 hour to 7 days with the majority of cases
lasting approximately one day; and
orders for costs are rarely made (approximately 5 or 6 times since the Direc-

torate was established); and

(b)	that, with respect to proceedings in a compensation magistrate's court- (i) approximately 90 appeals were heard in a period of 12 months;
(ii) the length of an appeal varies from approximately several hours to one day; and

(iii) orders for costs are routinely made.

(3) The Committee was not requested to amend the description of any of the items in the

Schedules.

PART 3DETERMINATION BY COMMITTEE

Hourly rates

7. (1) The Committee reviewed the information referred to in clause 6 and determined

that-

(a)	in view of the flexibility afforded by the estimated times described in the Sched- ules; and
(b)	the provision in each Schedule allowing a practitioner to charge costs which ex- ceed the maximum amounts set out in the Scales,

the appropriate hourly rates were 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 1997.2

TABLE

Senior solicitor (admitted for

more than 5 years) ("SP")	$215 per hour
Junior solicitor (admitted for

less than 5 years) ("JP") $150 per hour

Articled Clerk or para legal (supervised

by a solicitor) ("AIP") $65 per hour

2[Published in the Government Gazette on 25 March 1997 at pp. 1607-161

Time based Scales of Costs

8. (1) In 1995 the Committee determined that time based Scales of Costs should 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 shall continue to be time based.

Disbursements ments until the relevant legislation is amended.

9. Items 8 and 9 and items 9 and 10 of Schedules 1 and 2 respectively in the previous
determination3 have been omitted following the decision of Klahn v Talbot (Supreme Court
Library No. 950628) which has been interpreted as meaning that the Legal Costs Commit-
tee does not have the power to make determinations in respect of disbursements. The

Court retains jurisdiction in relation to any costs matters not transferred to the Legal

3[Published in the Government Gazette on 26 May 1995 at pp. 2083-901.

23 June 19971 GOVERNMENT GAZETTE. WA 2967

PART 4 T H E SCHEDULES

Schedule 1

10. Schedule 1 has effect with respect to proceedings before a review officer.

Schedule 2
11. Schedule 2 has effect with respect to proceedings before a compensation magistrate's

court.

SCHEDULE 1

REVIEW PROCEEDINGS COSTS SCALE

Maximum amounts
1. Subject to clause 2 of the Schedule, the costs payable to a practitioner for each item
described in column 2 of the Schedule must not exceed the maximum amount opposite and

corresponding to that item set out in column 5 of the Schedule.

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

which is reasonable in the circumstances.

:olumn Column Column Column Column

n

1 3 4 5

ITEM DESCRIPTION TIME FEE $

HOURS EARNER

Preparing and lodging application

(Form 3) including instructions.	JP-SP
Preliminary hearing in review including
vrevaration for hearing.	JP-SP
Particulars and discovery:
(a) Providing particulars (where ordered).	JP-SP
(b)	Giving discovery of documents (where
ordered).  JP-SP

Preparing for 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.

Review hearing:
(a)	Counsel fee on review hearing

(includes preparation and first day

of trial). JP-SP
(b)	Counsel fee for second and each
successive day of review hearing. JP-SP

Note: In relation to item (a) and item (b) if the review hearing-

(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.

2968 GOVERNMENT GAZETTE. WA [23 June 1997

Column	Column	Column	Column	Column
1	2	3	4	5
ITEM	DESCRIPTION	TIME	FEE	$

1 HOURS I EARNER 1

I (c) Paralegal, articled clerk or solicitor I A&' 1 65

I I attending review hearing-per hour. 1 I JP 1 150 I

- -

6	Any other time necessarily spent not	A&'	65
included in any item in this Scale-	J P	150

per hour. SP 215

7               Taxation and costs:

(a) Drawing bill of costs, copies and

service. 0.5-1 AE-JP 32.50-150

I	I (b) Attending taxation-per	hour.	1	I	J p	1	150	1
SCHEDULE 2

COMPENSATION MAGISTRATE'S COURT COSTS SCALE

Maximum amounts
1. Subject to clause 2 of the Schedule, the costs payable to a practitioner for each item
described in column 2 of the Schedule must not exceed the maximum amount opposite and

corresponding to that item set out in column 5 of the Schedule.

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

which is reasonable in the circumstances.

Zolumn Column Column Column Column

0

1 3 4 5

ITEM DESCRIPTION TIME FEE $

HOURS EARNER

Initial attendance to take instructions

including, where applicable, reviewing
transcripts and preparation and lodgment

of any Notice of Appeal	JP-SP
Attendance at conference at court prior to trial (including pre-trial conference,
directions hearing or preliminary hearing)

and includine ~ r e ~ a r a t i o n	for the conference.	JP-SP
Particulars and discovery:

(a) Providing discovery (where ordered).	JP-SP
(b) Providing particulars (where ordered).	JP-SP
(c) Preparing agreed statement of facts.	JP-SP
In respect of items (b) and (c), the fee includes filing, service and all copies. 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.

23 June 19971 GOVERNMENT GAZETTE. WA 2969

Columr Column Column Column Column

1 3 4 5

ITEM DESCRIPTION TIME FEE $

HOURS EARNER

Trial or hearing

(a) Counsel fee on trial or hearing

(includes preparation and first day of

trial) or hearing. JP-SP
(b)	Counsel fee for second and each
successive day of trial or hearing. JP-SP
(c)	Counsel fee on trial or 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 trial or hearing-

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

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

circumstances.

(d) Paralegal, articled clerk or solicitor

attending trial per hour.	An='-JP
(e) Attending on a reserved judgment.	J P
Any other time necessarily spent not included in any item in this Scale-per hour.
Issuing and arranging service of witness summons including copies. Taxation and costs:
(a)	Preparing bill of costs including filing, service and copies.
(b) Attending on taxation-per	hour.

Dated a t Perth 10 June 1997.

TED SHARP, Chairman.

CHRIS PULLIN QC, ~ e ~ u t y Chairman.

ANGELA GAFFNEY, Member. JILL VANDER WAL, Member.

JASON BERRY, Member.
PATRICK COWARD, Member.