Legal Profession Further Amendment (Fixed Costs) Regulation 2008 (NSW)

2008 No 601

New South Wales

Legal Profession Further Amendment

(Fixed Costs) Regulation 2008

under the

Legal Profession Act 2004

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Legal Profession Act 2004.

JOHN HATZISTERGOS, M.L.C.,

Attorney General

Explanatory note
The object of this Regulation is to amend the Legal Profession Regulation 2005 to increase:

(a)	the fixed costs for recovery of certain debts and enforcement of certain judgments in the Supreme Court, the District Court and a Local Court, and
(b)	the fixed costs for legal services for probate and administration matters in the Supreme Court.

The fixed costs are being increased generally in line with movements in the Consumer Price and 738 (the general regulation-making power).

Index.

Published in Gazette No 158 of 19 December 2008, page 12340	Page 1
2008 No 601
Clause 1	Legal Profession Further Amendment (Fixed Costs) Regulation 2008

Legal Profession Further Amendment (Fixed Costs)

Regulation 2008

under the

Legal Profession Act 2004

1      Name of Regulation

This Regulation is the Legal Profession Further Amendment (Fixed
Costs) Regulation 2008.

2      Commencement

This Regulation commences on 1 January 2009.

3 Amendment of Legal Profession Regulation 2005

The Legal Profession Regulation 2005 is amended as set out in
Schedule 1.

2008 No 601

Legal Profession Further Amendment (Fixed Costs) Regulation 2008

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Costs for recovery of certain debts
and enforcement of certain
judgments

(Clause 112)

Part 1 Supreme Court

No	Item	Amount
1	Preparation of process
Costs of taking instructions, preparing documents and filing statement of claim including drawing/typing/checking of originating process and cheque to pay account of process server:

(a)	for recovery of lump sum debt	$1,020
(b)	for recovery of possession of land	$1,283

2        Service of additional defendants etc

Costs of service:

(a)	for each additional defendant	$59
(b)	in proceedings for the recovery of land where one or more	$100

occupiers must be served with notice of proceedings, for
each different address at which a notice is served

3        Substituted service

Costs of substituted service including drawing/typing/checking of $580

affidavit, notice of motion and cheque to pay account of process
server

4        Service interstate or overseas

Costs of service in another jurisdiction:

(a) within Australia—including obtaining leave to proceed $222

and drawing/typing/checking notice of motion

2008 No 601

Legal Profession Further Amendment (Fixed Costs) Regulation 2008

Schedule 1 Amendments

No Item Amount

(b)	outside Australia in a country where English is the official	$152
language—including drawing/typing/checking of request for service and notice to defendant to be served
(c)	outside Australia in a country where English is not the	$687
official language—including drawing/typing/checking of request for special service and notice to defendant to be served

5        Default judgment

Costs on applying for default judgment including all matters listed in item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support:

(a)	for recovery of lump sum debt	$1,482
(b)	for recovery of possession of land	$1,953

6        Foreign judgments

Costs on obtaining certificate of judgment under section 15 of the Foreign Judgments Act 1991 of the Commonwealth, including drawing/typing/checking of summons, minute of judgment, certificate under that section and affidavit of facts:

(a) if a solicitor is required to attend the court to settle $817

judgment

(b) if a solicitor is not so required $572

7        Writ of execution

Costs of taking instructions, preparing documents and filing $630

notice of motion for writ of execution (whether or not the matter
was contested) including drawing/typing/checking of notice of
motion, affidavit and cheque for payment of proceeds to plaintiff

Part 2 District Court

No	Item	Amount
1	Preparation of process
Costs of taking instructions, preparing documents and filing	$763
statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server
2	Service of additional defendants
Costs of service—for each additional defendant	$59

2008 No 601

Legal Profession Further Amendment (Fixed Costs) Regulation 2008

Amendments Schedule 1

No	Item	Amount
3	Substituted service
Costs of substituted service including drawing/typing/checking of	$549
notice of motion, affidavit and cheque to pay account of process server
4	Default judgment—liquidated claim, claim for possession of land or claim for detention of goods
Costs on applying for default judgment for recovery of lump sum	$1,137
debt, claim for possession of land or claim for detention of goods, including all matters listed in item 1 plus drawing/typing/checking affidavit of service, notice of motion and affidavit in support
5	Default judgment—unliquidated claim
Costs on obtaining judgment in undefended proceedings	$1,588
including all matters listed in items 1 and 4
6	Order for examination
Costs of issuing an examination notice and obtaining an order for	$601
examination, including drawing/typing/checking of notice of motion and cheque to pay account of process server
7	Failed examination of judgment debtor
Costs on attending examination of judgment debtor where the	$258
judgment debtor fails, without reasonable excuse:

(a)	to attend the examination, or
(b)	to produce documents at the examination as required under the order for examination.

8        Arrest of judgment debtor

Costs on issue of warrant for arrest of judgment debtor including $258

drawing/typing/checking of notice of motion for issue of warrant

9        Writ of execution

Costs of taking instructions, preparing documents and filing $462

notice of motion for writ of execution (whether or not the matter
was contested) including drawing/typing/checking of notice of
motion, affidavit and cheque for payment of proceeds to plaintiff

2008 No 601

Legal Profession Further Amendment (Fixed Costs) Regulation 2008

Schedule 1 Amendments

Part 3 Local Court

No	Item	Amount
1	Preparation of process
Costs of taking instructions, preparing documents and filing	$584
statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server
2	Default judgment—liquidated claim or claim for detention of goods
Costs on applying for default judgment for recovery of lump sum	$847
debt or claim for detention of goods, including all matters listed in item 1 plus drawing/typing/checking affidavit of service, notice of motion and affidavit in support
3	Default judgment—unliquidated claim
Costs on obtaining judgment in undefended proceedings	$1,461
including all matters listed in items 1 and 2
4	Conditions applicable to items 1–3
Items 1, 2 and 3 are alternatives, and only one of them is applicable in respect of any matter. If, in respect of any of those items, if the amount at issue in the proceedings:

(a)	does not exceed $1,000—the costs are 40% of the amount specified for that item, or
(b)	exceeds $1,000 but does not exceed $5,000—the costs are 60% of the amount specified for that item, or
(c)	exceeds $5,000 but does not exceed $20,000—the costs are 80% of the amount specified for that item, or
(d)	exceeds $20,000—the costs are the full amount specified for that item.

5        Order for examination

Costs of issuing an examination notice and obtaining an order for $348

examination, including drawing/typing/checking of notice of
motion and cheque to pay account of process server

6        Examination of judgment debtor

Costs on examination of judgment debtor by solicitor $253

2008 No 601

Legal Profession Further Amendment (Fixed Costs) Regulation 2008

Amendments Schedule 1

No	Item	Amount
7	Failed examination of judgment debtor
Costs on attending examination of judgment debtor where the	$184
judgment debtor fails, without reasonable excuse:

(a)	to attend the examination, or
(b)	to produce documents at the examination as required under the order for examination.

8        Arrest of judgment debtor

Costs on issue of warrant for arrest of judgment debtor including $184

drawing/typing/checking of notice of motion for issue of warrant

9        Writ of execution

Costs of taking instructions, preparing documents and filing $235

notice of motion for writ of execution (whether or not the matter
was contested) including drawing/typing/checking of notice of
motion, affidavit and cheque for payment of proceeds to plaintiff

[2]      Schedule 4

Omit the Schedule. Insert instead:

Schedule 4 Costs for legal services for probate
and administration matters

(Clause 114)

Part 1	Obtaining first time grant or the resealing of probate
Disclosed value of	Costs payable
assets
Not exceeding $30,000	$560 Plus $13.33 for each $1,000 up to $30,000
Exceeding $30,000 but not	$960
exceeding $150,000	Plus $5.90 for each $1,000 in excess of $30,000
Exceeding $150,000 but not	$1,670
exceeding $1,000,000	Plus $4.47 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but	$5,470
not exceeding $3,000,000	Plus $1.66 for each $1,000 in excess of $1,000,000

2008 No 601

Legal Profession Further Amendment (Fixed Costs) Regulation 2008

Schedule 1 Amendments

Disclosed value of	Costs payable
assets
Exceeding $3,000,000 but	$8,800
not exceeding $5,000,000	Plus $1.10 for each $1,000 in excess of $3,000,000
Exceeding $5,000,000 but	$11,000
not exceeding $10,000,000	Plus $0.90 for each $1,000 in excess of $5,000,000
Exceeding $10,000,000	$15,500
Part 2	Obtaining of any grant or resealing of probate after the first, up to and including the uplifting of the probate so granted or resealed
Value of assets	Costs payable
remaining at the time of application
Not exceeding $30,000	$460 Plus $10.83 for each $1,000 up to $30,000
Exceeding $30,000 but not	$785
exceeding $150,000	Plus $4.88 for each $1,000 in excess of $30,000
Exceeding $150,000 but not	$1,370
exceeding $1,000,000	Plus $3.65 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but	$4,480
not exceeding $3,000,000	Plus $1.37 for each $1,000 in excess of $1,000,000
Exceeding $3,000,000 but	$7,230
not exceeding $5,000,000	Plus $0.91 for each $1,000 in excess of $3,000,000
Exceeding $5,000,000 but	$9,060
not exceeding $10,000,000	Plus $0.72 for each $1,000 in excess of $5,000,000
Exceeding $10,000,000	$12,685
Part 3	Obtaining first time grant of administration or of the resealing letters of administration

Such amount as is allowed under Part 1 for the first time grant of probate and, if a law practice is required to perform any work in addition to that for which Part 1 makes provision, such additional amount as is allowed under Table 1 in Schedule G to the Supreme Court Rules 1970.

BY AUTHORITY