Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018 (WA)
21 June 2018 2127 GOVERNMENT GAZETTE, WA
LEGAL PROFESSION ACT 2008
LEGAL PROFESSION (SUPREME AND DISTRICT COURTS)
(CONTENTIOUS BUSINESS) REPORT 2018
Made by the Legal Costs Committee under Division 5 of Part 10 of the Legal Profession Act 2008 (Act)
PART 1—PRELIMINARY
1. Citation
(a)
This Report may be cited as the Legal Profession (Supreme and District Courts) (Contentious Business) Report 2018.
(b)
The Determination set out in the Schedule to this Report is referred to in this Report as the Legal Profession (Supreme and District Courts) (Contentious Business) Costs Determination 2018.
(c)
The change in citation of this Report and the Determination set out in the Schedule to this Report from all previous Reports and Determinations has been undertaken to correct an historical anomaly and is not intended to have any impact on the application of this Report and the Determination.
PART 2—NOTICE AND INQUIRIES
2. Notice under section 278 of the Act
The Legal Costs Committee has complied with the notice provisions of section 278 of the Act.
3. Inquiries and submissions under section 277 of the Act
Before making the Legal Profession (Supreme and District Courts) (Contentious Business)
Determination 2018, the Legal Costs Committee—
(a)
reviewed the submissions received as a result of the notice given under section 278 of the Act including those made by The Law Society of Western Australia (Inc), Women Lawyers of WA (Inc.) and Mr Lampropolous SC;
(b)
considered the impact of section 15L Civil Liability Act, as requested by the Attorney General on 24 April 2018; and
(c)
considered the impact of changes in relevant Australian Bureau of Statistics data for the period.
1 Published in Gazette 24 June 2016 PART 3—REPORT OF LEGAL COSTS COMMITTEE'S CONCLUSIONS
4. Maximum hourly and daily rates changed—scale of costs amended
(a)
The information gained as a result of the inquiries and submissions described in clause 3 satisfied the Legal Costs Committee that the manner in which legal services are provided made it appropriate to continue to adopt the hourly and daily rates charged by law practices as the basis for most of the rates used in the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018.
(b) it is the recommendation of the Legal Costs Committee that—
(1) as a result of the inquiries and submissions described in clause 3;
(2) having considered the impact of relevant Australian Bureau of Statistics data;(3) having considered submissions from The Law Society of Western Australia and the
Western Australian Bar Association; and
(4) taking into account the incidental administrative implications of the calculation of the
Goods and Services Tax,
the hourly and daily rates referred to in subclause 4(a) be varied from the hourly and daily rates used in the Legal Practitioners (Supreme Court) (Contentious Business) Determination 20161 as the basis for the recommended scale of costs which have been generally rounded up or down to represent increases of approximately 2%, inclusive of the Goods and Services Tax and for administrative convenience, are divisible by 11. Those rates are set out in Table A of
| 2128 | GOVERNMENT GAZETTE, WA | 21 June 2018 |
the Legal Profession (Supreme and District Courts) (Contentious Business) Determination
2018.
| (c) | It is the recommendation of the Legal Costs Committee, as a result of the inquiries and |
submissions described in clause 3, the scale of costs be varied in the manner set out in Table B of the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018.
| (d) | The recommendations of the Legal Costs Committee are not intended to override any |
| entitlement of a law practice to make a written agreement as to costs with a client under the Act or any successor legislation. |
CLARE THOMPSON, Chair.
ANGELA GAFFNEY, Member.
MARCUS COCKER, Member.
JANICE DUDLEY, Member.
MATTHEW CURWOOD, Member.
BRENDAN ASHDOWN, Member.
Schedule
LEGAL PROFESSION ACT 2008
LEGAL PROFESSION (SUPREME AND DISTRICT COURTS) (CONTENTIOUS BUSINESS)
DETERMINATION 2018
Made by the Legal Costs Committee under section 275 of the Legal Profession Act 2008 (Act)
1. Citation
This Determination may be cited as the Legal Profession (Supreme and District Courts) (Contentious
Business) Determination 2018.
2. Commencement
This Determination comes into operation on 1 July 2018.
3. Application
|
(1) the Supreme Court; and (2) the District Court, other than contentious business to which the Legal Profession (District Court Appeals) (Contentious Business) Determination 2018 applies.
| (b) | This Determination does not apply to the remuneration of law practices based on a written agreement as to costs under the Legal Profession Act 2008 or any successor legislation. |
| (c) | This Determination does not apply to the remuneration of law practices for costs incurred before 1 July 2018. |
4. Application of 0.66, r11(3), r13, r18, r19, r20(3), r21 and r23 of the Rules of the Supreme
Court
In the circumstances set out in Order 66, rules 11(3), 13, 18, 19, 20(3), 21 and 23 of the Rules of the
| case may be, has the power to make the orders and allowances referred to in those rules. | Supreme Court, the Legal Costs Committee determines that the Court or the Taxing Officer, as the |
| 5. Item 36 for negotiated motor vehicle personal injury claims | |
| (a) | The introduction of item 36, previously item 35, was explained in the Legal Profession |
(Supreme Court) (Contentious Business) Determination 2012 and Legal Profession (Supreme Court) (Contentious Business) Determination 2014. Whilst those paragraphs are not reproduced here, they continue to apply and express the Legal Costs Committee's views on the operation of item 36.
| (b) | The allowance set out in item 36 is intended to apply to claims for personal injury under the |
Motor Vehicle (Third Party Insurance) Act 1943 which follow a standard procedural pathway.
6. Catastrophic personal injury claims
|
was explained in the Legal Profession (Supreme Court) (Contentious Business) Determination
2012 and Legal Profession (Supreme Court) (Contentious Business) Determination 2014.
| (b) | Since the introduction of the provisions for catastrophic personal injuries claims in 2012, the |
District Court decision in McGlinn as administrator for Jeffrey Craig McGlinn u Joondalup Hospital Pty Ltd [No 2] [2014] WADC 3 has meant that the stated objective of an early determination that a claim was a catastrophic personal injury claim has been unable to be achieved.
21 June 2018 GOVERNMENT GAZETTE, WA 2129
(c)
In light of the decision in McGlinn as administrator for Jeffrey Craig McGlinn v Joondalup Hospital Pty Ltd [No 21 [2014] WADC 3 the Legal Costs Committee has decided that a determination as to whether a matter is a catastrophic personal injury claim for the purposes of items 18 and 21 will only require an assessment of the nature or extent of the injury or injuries sustained by the plaintiff that are at issue in the proceedings.
(d)
The Legal Costs Committee remains of the view that determination as to whether a matter is a catastrophic personal injury should be made as early as possible in proceedings.
7. Counsel fees
(a)
All appearances allowed for in items 10, 11, 21 and 24 of Table A are intended to be charged at the applicable counsel rate, and not at any higher rate that may be applicable to the actual practitioner by reason of the person undertaking the appearance otherwise being entitled to charge as a Senior Practitioner.
(b)
Fees charged by practitioners who practise solely as barristers in accordance with Supreme Court Practice Direction 10.5 are only to be charged at the rates provided for counsel of their seniority in Table A and are not to be charged at rates applicable to a Senior Practitioner.
(c)
The increase in Counsel rates, and no increase in Senior Counsel rates in Table A is designed to narrow the gap between those levels of seniority of counsel and more accurately reflect the market for legal services.
(d)
Recovery of daily fees for counsel on the taxation or assessment of a Bill of Costs is intended to apply only when a full day has been worked, either in Court or in Court and in preparation for a subsequent hearing day.
8. Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 claims
(a)
On 10 April 2018 the Parliament passed the Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 which implemented Part 2A of the Civil Liability Act 2002. Division 4 of Part 2A provides for caps on legal fees for work done under Part 2A, after the date of the amendments coming into effect.
(b)
The Committee has considered the request made to it by the Attorney General to incorporate any necessary changes in this Determination as a result of the amendments to the Civil Liability Act 2002.
(c)
The Committee has determined that at this time there is no requirement for any special item to be included in the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018 and therefore the limits in this Determination will apply to work undertaken under Part 2A of the Civil Liability Act 2002.
9. New item 12—Family Provision Act claims
(a)
This Determination introduces a new item 12 for claims brought under section 7(1) of the Family Provision Act 1972.
(b)
Item 12(a) provides a capped maximum allowance for each of the parties. These allowances have been determined without reference to hourly rates and are intended to provide reasonable remuneration for the entirety of the work performed prior to mediation.
(c)
Appropriate reductions in the allowances in item 12(a) should be made for affidavits which include material that goes beyond the requirements of Supreme Court Practice Direction 9.2.2, or any other relevant Practice Direction.
(d)
The maximum allowance provided for the executor or personal representative reflects the limited role executors or personal representatives play in these claims and is based on the premise that the executor or personal representative will only be attending a mediation
conference for a limited time at the commencement of the conference and will otherwise be
available by telephone. If the executor or personal representative is required, either by the
parties or the Court, to attend an entire mediation conference, a separate allowance may be
made under item 25 for that purpose.(e) Item 12(c) applies to proceedings which do not conclude at mediation.
(f) The amounts provided for in Items 12(a) and 12(b) are the maximum claimable by each party, unless a special costs order is obtained. (g) An additional allowance may be made under Item 12(a) if a second or subsequent mediation conference is held and the parties have been required to undertake additional work for that second or further mediation. Examples of that additional work include obtaining a valuation or obtaining necessary records relating to the deceased or the administration of the estate. (h) Items 12(a)(2) and (3) and 12(b)(2) and (3) are not to both be claimed if the executor and beneficiary defendant are represented by the same legal practitioner. (i) Subject to (d) above, and any appropriate or necessary other orders as to costs, or when a special costs order is made, parties to Family Provision Act claims are not able to recover costs under any items of the Determination other than items 3(a), 7 (where ordered), 16, 19, 25 (where ordered in accordance with clause 9(d) above), 30, 31, 32, 33 (where ordered as between party and party), 34 and 35 (where ordered as between party and party).
Ci) Nothing in item 12 is intended to derogate from the trial Judge's discretion as to the awarding of costs.
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10. New item 37
Item 37 has been introduced to provide for a specific item to cover work performed in relation to
effecting a settlement under section 92(f) Workers Compensation and Injury Management Act 1981.
Whilst the Committee is of the view that this work is already claimable under other items in the
Determination, the introduction of a special item is intended to remove any doubt in that regard.
11. Restricted Practitioner category
The amendments brought in by the Legal Profession (Supreme Court) (Contentious Business) Determination 2016 remain in effect. Clause 10(e) of that Determination ceases to have effect with the introduction of this Determination.
12. Maximum hourly and daily rates
|
Table A
Maximum allowable
Fee Earner hourly and daily rates
Senior Practitioner (permitted to practise on his or her own account for 5 years or more) (SP)*
hourly rate $495
Junior Practitioner (permitted to practise on his or her own account for less than 5 years) (JP)*
hourly rate $352
Restricted Practitioner (RP) 0 #
hourly rate $297
Clerk/Paralegal (C/PQ ##
hourly rate $231
Counsel fees charged as a disbursement to practitioners or
charged by in-house Counsel:Counsel (C)*
hourly rate
daily rate$418 $4,180
Senior Counsel (SC)**
hourly rate $682 daily rate $6,820
0 The reference to Restricted Practitioner, Junior Practitioner or Senior Practitioner in this Determination includes all legal practitioners even if the services were rendered in another State or Territory. Where a local practitioner has held an interstate practising certificate, the length of unrestricted legal practice in that other jurisdiction is to be counted in assessing that practitioner's years of practice for the purposes of this Determination. # The reference to Restricted Practitioner in this Determination includes practitioners undertaking restricted legal practice for the purposes of obtaining the required experience set Out in section 50 of the Act and does not include a reference to an Australian legal practitioner who has a condition placed on their practising certificate by the Legal Practice Board, State Administrative Tribunal or otherwise, requiring them to practise under supervision for disciplinary, medical or other reasons.
The reference to Clerk/Paralegal in this Determination includes a law graduate prior to their admission to practise as an Australian lawyer.
* The reference to Counsel in this Determination means a practitioner acting as a barrister other than a Senior Counsel, including, for the purposes of items 10, 11, 21 and 24, a practitioner appearing in court who does not practise in accordance with Supreme Court Practice Direction 10.5. ** The reference to Senior Counsel in this Determination means a person within the meaning of item 11
or item 12 of Regulation 5(2) of the Legal Profession Regulations 2009 (WA).
13. Costs
|
(1) recoverable by one party from another party; or
(2) payable by a party to that party's own law practice,
21 June 2018 GOVERNMENT GAZETTE, WA 2131 shall not exceed the amounts set out in Table B (except as otherwise provided in item 33 of
Table B).
(b)
Allowances made under item 33 of Table B are only to be awarded as between a law practice and its client, or if costs are awarded on an indemnity basis and not between party and party, unless the Court otherwise orders.
(c)
Allowances made under item 35(b) of Table B are only to be awarded as between a law practice and its client, or if costs are awarded on an indemnity basis and not between party and party, unless the Court otherwise orders.
14. Fixed amounts
Based upon the Legal Costs Committee's enquiries it has determined that items 1(b), 3(a), 7(a), 15,
16(c), 16(f), 24(a), 26(b), 29(a) and 36 in Table B should be fixed amounts.
Table B
Supreme Court Scale of Costs 2018
Fee
Item Time earner 1. Writ—
(a) Writ of summons, whether 1.5 hours SP 742 specially or generally endorsed, including instructions, but excluding Statement of Claim
(b) For each additional defendant 77
(c) Statement of Claim 10 hours SP 4,950
2. Next friend or guardian ad lit em 3 hours RP 891 3. Defence—
(a) Memorandum of appearance 99
(b) Defence 10 hours SP 4,950 (c) Counterclaim 10 hours SP 4,950 4. Reply and other pleadings—
Reply (if necessary), defence to 10 hours SP 4,950 counterclaim, or any other pleading
5. (a) Third party notice 2 hours SP 990
(b) Pleadings in third pai'tv 6 hours SP 2,970 proceedings
6. (a) Requesting particulars of a 3 hours JP 1,056
pleading (where and to the extent necessary)
(b) Giving particulars of a pleading 5 hours JP 1,760 7. Discovery—
(a) Notice requiring discovery 10 hours SP 66
(b) Giving discovery of documents 4,950 8. Inspection—
Inspection and giving inspection of per hour SP 495
discovered documents whether by personal attendance or otherwise
9. Interrogatories—
(a) Delivery of interrogatories 5 hours SP 2,475 (b) Answers to interrogatories 10 hours SP 4,950 10. Chambers—
(a) Proceedings in Chambers other than proceedings to which item
2 days
Sc
20,460
preparation, C 12,540
11 applies 1 day hearing;
(b) Attending on a reserved per hour 495
judgment in Chambers
(including preparation, consideration of reasons for decision and all necessary work and attendances to obtain final orders)
(c) Consent Orders including 1.5 hours JP 528
conferral but excluding extraction
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Fee
| Item | Time | earner | $ |
Motions and originating process:
(a) Originating motion, originating 2 days SC
summons or originating preparation; C
application and applications for 1 day SP
Judicial Review under Order 56 (1) if senior counsel is briefed
hearing and
preparation 44,660
without second counsel of case-50 hours
(2) if senior counsel is briefed 57,960 with second counsel
(3) if counsel alone is briefed (b) For 2nd and each successive
37,290
SC 6,820
day of hearing C 4,180
(c) Attendance at hearing by per hour SP instructing legal practitioner
(d) Attendance at directions per hour SP hearings, strategic conferences, status conferences or other case management hearings where required by order of the court, by the Rules of the Supreme Court or by practice direction
Note: an allowance under item 11(a)(2) should only be made where in the opinion of the Court it was reasonable to brief two counsel.
Proceedings under section 7(1) of the Family Provision Act 1972—
(a)
All work done by legal practitioners prior to mediation including—
• originating summons and supporting affidavit, provided it complies with any relevant practice
directions;
• attendance at directions hearings;
• compliance with Order 75 rule 3;• advising on merits of the application;
(1) plaintiff 7,250 (2) executor or personal representative 2,200 (3) beneficiary defendants 4,500 (b)
Attendance at mediation and informal conferences where necessary and reasonably held prior to or after the commencement of proceedings;
(1) plaintiff 4,000 (2) executor or personal representative 1,000
(3) beneficiary defendants 4,000
(c) All work done following mediation, up to and including An amount judgment, and which is not included in items 12(a) & (b) calculated in
accordance with
item 11(a),
modified so that
the reference to 50 hours should read
40 hours
PROVIDED THAT—
Unless the Court otherwise orders, the amount of the costs awarded to a successful claimant shall not exceed an amount equal to the award that the claimant receives.
| 13. | Proceedings in | Court not otherwise | 2 days |
provided for, including appeals from a preparation; C 10,450
Registrar Y2 day hearing
Listing Conference—
Attending at a Listing Conference per hour SP (convened pursuant to Order 29 Rule 8 of the Rules of the Supreme Court or Rule 43 of the District Court Rules) and all necessary preparation
21 June 2018 GOVERNMENT GAZETTE, WA 2133 Fee
Item Time earner $
15. Entry of judgment without trial 297
16. Offers of compromise, notices, practice directions, etc—
(a) Payment into or out of Court 2 hours JP 704
(b) Offer of compromise under 4 hours SP 1,980 O.24A
(c) Acknowledgment of offer under 66 O.24A
(d) Acceptance of offer of 4 hours SF 1,980
compromise under 0.24A (e) Notice of offer to consent to 2 hours SF 990 judgment
(f) Other notices and certificates referred to or required by the Rules or procedures of the court (including practice directions) 77
17. Entry for trial/Entry for hearing—
(a) Advising on, and preparing, 2 hours SF 990 documents required to be filed by the Rules of the Supreme Court or the Rules of the District Court
(b) Preparation of Schedules (if S hours SP 3,960 any) required by District Court
Rules 45C and 45D
(c) Advice on evidence per hour C/SC Note: In relation to particulars of damages under District Court Rule 45C, if the claim is one declared by the Court to be a catastrophic personal injury claim, the time reasonably spent by a legal practitioner, or by a clerk or paralegal of a legal practitioner in preparation of case for trial, shall not be limited to 8 hours but shall be an amount which is reasonable in the circumstances.
18. Preparation of case—
Preparation of case for trial 120 hours SP 59,400
(includes work reasonably and necessarily undertaken prior to commencement of proceedings)
Note: If the claim is one declared by the Court to be a catastrophic personal
injury claim, the time reasonably spent by a legal practitioner, or by a clerk or paralegal of a legal practitioner in preparation of case for trial shall not be limited to 120 hours but shall be an amount which is reasonable in the circumstances.
19. Examination of witness before trial, An allowance in pursuant to order
accordance with item 21(c) or (d)
20. Application for and striking jury 1 hour JP 352 21. Trial—
Counsel fees
(a) Fee on brief, i.e. first day of trial and preparation (including
3.5 days
C
18,810
preparation;
submissions) 1st day of trial
(b) Fee on brief for Senior Counsel, 3.5 days Sc 30,690
i.e. first day of trial and preparation;
preparation (including 1st day of
submissions) trial
(c) Counsel fee for the second and each successive day of hearing
C
4,180
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Fee
| Item | Time | earner | $ |
(d) Counsel fee for Senior Counsel
for second and each successive
day of hearingSC 6,820
(e) Instructing legal practitioner per hour SP attending trial
(f) Clerk or Restricted Practitioner attending trial
per hour
CIPL
RP (g) Preparation of written closing submissions—
SC/C An amount which
is reasonable in the
(1) when required for trial; circumstances and
(2) for provision to the court and the opposing party prior to any oral addresses; and
(3) when the work was undertaken on a day on which the trial was not otherwise sitting;
or
(4) when required to be filed and served following the court having reserved its decision.
(h) Attending on reserved per hour SP
judgment (including
preparation, consideration of
reasons for decision and all necessary work and
attendances to obtain final orders)
(i) for each five hearing days after
the first five, additional fee on
brief1 day SC/C
Note: If the claim is one declared by the Court to be a catastrophic personal injury claim, the time reasonably spent by Counsel or Senior Counsel in preparation of case for trial shall not be limited to 3.5 days but shall be an amount which is reasonable in the circumstances.
Re-trial or Re-hearing
(a) Preparation of case for re-trial or re-hearing
An amount which
is reasonable in the
(b) Re-trial or re-hearing circumstances
| 23. | (a) Special | case, | case | stated | An amount which |
(otherwise than by way of is reasonable in the
appeal) or trial of an issue circumstances
(b) For the second and each successive day of the trial or
hearing
Appeals to the Court of Appeal and Single Judge appeals (including appeals by way of case stated) and applications for leave to appeal
(a) Appeal Notice, Service 495
Certificate, Notice of Respondent's Intention
(b) Appellant's Case, Respondent's 40 hours SC 27,280
Answer including relevant forms and all annexures
(c) Appellant's Reply to Notice of Contention, when required
10 hours
SC
6,820
(d) Settling appeal book indexes
(including drafting and settling
appeal book index)8 hours SP 3,872
21 June 2018 GOVERNMENT GAZETTE, WA 2135 Fee
Item Time earner $
(e) An application in an appeal, an interlocutory or directions hearing before a single Judge or Registrar
10 hours
C
4,180
(f) Preparation of case appeal for 10 hours SP 4,950 hearing
(g) Counsel fee on hearing 2 days C 12,540
including preparation) preparation; 1 day hearing
(h) Counsel fee for Senior Counsel (including preparation)
2 days
Sc
20,460
preparation;
1 day hearing
(i) Counsel fee for the second and each successive day of hearing
C
4,180
(j) Counsel fee for Senior Counsel Sc 6,820
for the second and each
successive day of hearing (k) Instructing legal practitioner per hour SP/JP attending appeal
(1) Attending on reserved decision per hour SP
(including preparation, consideration of reasons for decision and all necessary work and attendances to obtain final orders)
25. Pretrial, mediation, conferrals, or
other conferences
(a) Where required by order of the Court, by the Rules of the Supreme Court or by practice direction
per hour
SP/SC/C
(b) including informal conferences where reasonably held before or after commencement of proceedings
per hour
sF/s cic
(c) attendances by Counsel and per hour SF/SC/C instructing legal practitioners at the conferrals and conferences set out in paragraphs (a) and (b) of this item
(d) preparation reasonably per hour C
undertaken for the conferrals and conferences described in paragraphs (a), (b) and (c) of this item
(e) conferences between Counsel per hour SP/SCIC and own instructing legal practitioner where reasonably necessary
26. Orders—
Settling and extracting judgment or
order
(a) With appointment 2 hours RP 594 (b) Without appointment 297
27. Arbitration proceedings where costs are The same costs as
to be assessed under section 33B(5) of in an action the Commercial Arbitration Act 2012
(WA)
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Fee
| Item | Time | earner | $ |
| 28. | Proceedings, | whether | by | action | or | An amount which |
otherwise, for the recovery of is reasonable in the compensation for the taking or circumstances resumption of land or any other property by the Crown in right of the State or of the Commonwealth or by any other person, body or instrumentality pursuant to any statutory power
| 29. | (a) Execution | 352 |
(b) If against land, an additional 3 hours RP 891
Taxing including drawing—
(a) Drawing bill of costs and SP An amount which
service; and is reasonable in the
(b) Taxation of costs (including the circumstances time spent in preparing for the
taxation)
31. Copying—
Copies where reasonably necessary, per page 0.165 including of documents for which allowance is otherwise made in this Determination.
This item covers all forms of electronic reproduction and copying.
| 32. | Accounts and inquiries— | An amount which |
Taking accounts, inquiries Sp is reasonable in the
circumstances
Other work—
(a) Time reasonably spent by a
legal practitioner on work
requiring the skill of a legal per hour SC
practitioner (of the standing Sp
indicated) but not covered by C any other item; JP or
RP
(b) Time reasonably spent by a legal practitioner, or by a clerk
CIPL
or paralegal of a legal per hour practitioner, on work not covered by any other item or by paragraph (a)
Note: Allowances under item 33 are only to be awarded as between a law practice and its client, or if costs are awarded on an indemnity basis and not
between party and party unless the Court otherwise orders.
Disbursements—
In addition to the fees and charges allowed under this Determination—
(a) As between a law practice and client, a law practice may charge and be allowed disbursements necessarily or reasonably incurred; and (b) As between party and party, a party may be allowed disbursements incurred by that party except insofar as they are of an unreasonable amount or have been unreasonably incurred, so that subject to the above exceptions, that party is fully reimbursed for its disbursements.
Travel—
(a)
As between party and party, minor travel as defined in the Legal Profession (Supreme Court) (Contentious Business) Determination 2016, is to be allowed as part of the costs awarded for an attendance at chambers or court within the existing item, without further order.
(b)
As between party and party, time spent travelling by a law practice which is not minor travel and which is required by reason of an order of the Court requiring the parties to attend at a location other than the location at which the proceedings is case managed, is to be charged at no more than one half of the rates set out in Table A, with a maximum of 8 hours in any one day, without further order.
21 June 2018 GOVERNMENT GAZETTE, WA 2137 Fee
Item Time earner $
(c) As between a law practice and its own client, time spent travelling by a law practice, other than minor travel, is to be charged at no more than one half of the rates set out in Table A, with a maximum of 8 hours in any one day. Note: Allowances under item 35(c) are only to be awarded as between a law practice and its client, or if costs are awarded on an indemnity basis and not between party and party unless the Court otherwise orders.
36. Claims under the Motor Vehicle
(Third Party Insurance) Act 1943
(WA) including—
(a) Writ of Summons; (b) Statement of Claim; (c)
Giving discovery (whether formally or informally);
(d)
Inspection and giving 16,775
inspection of discovered documents;
(e) Preparation of Entry for Trial. Papers, including Schedules of
Damages;(f) Applications for Subpoena to produce documents prior to pre-
trial conference;(g) Preparation for and attendance at pre-trial conference or, if
appropriate, pre-trial conferences; and
(h) Copying.
If Counsel is engaged for and attends C 4,180 pre-trial conference, an additional
37. Settlement of a claim pursuant to 10 hours SP 4,950 section 92(f) Workers Compensation and
Injury Management Act
Made by the Legal Costs Committee on 13 June 2018.
0
0
0