Legal Profession (Supreme Court) (Contentious Business) Determination 2016 (WA)
24 June 2016 GOVERNMENT GAZETTE, WA 2481 LEGAL PROFESSION ACT 2008 LEGAL PROFESSION (SUPREME COURT) (CONTENTIOUS
BUSINESS) REPORT 2016
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 Court) (Contentious Business) Report 2016. (b) The Determination set out in the Schedule to this Report is referred to in this Report as the Legal Profession (Supreme Court) (Contentious Business) Costs Determination 2016. 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 Court) (Contentious Business) Determination 2016, the
Legal Costs Committee—
(a) reviewed all 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) and The Western Australian Bar Association (Inc); (b) considered the impact of changes in relevant Australian Bureau of Statistics data for the period; and (c) consulted with a range of people and organisations within the legal profession in respect to the impact of structural changes in the profession. 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 the rates used in the Legal Profession (Supreme Court) (Contentious Business) Determination 2016. (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 2014[1] 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 the Legal Profession (Supreme Court) (Contentious Business) Determination 2016.
[1] Published in Gazette 20 June 2014
(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 Court) (Contentious Business) Determination 2016.
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| (d) | It is the recommendation of the Legal Costs Committee, as a result of the consultations described in clause 3, that the new category of Restricted Practitioner should be introduced in the Legal Profession (Supreme Court) (Contentious Business) Determination 2016. |
| (e) | 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 COURT) (CONTENTIOUS BUSINESS)
DETERMINATION 2016
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 Court) (Contentious Business)
Determination 2016.
2. Commencement
This Determination comes into operation on 1 July 2016.
3. Application
| (a) | This Determination applies to the remuneration of legal practitioners, clerks and paralegals in respect of advice given by legal practitioners in respect of contentious business carried out |
by legal practitioners in or for the purposes of proceedings before—
(1) the Supreme Court; and
(2) the District Court other than contentious business to which the Legal Profession
(District Court Appeals) (Contentious Business) Determination 2016 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 based on costs incurred before 1 July 2016. |
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 Supreme Court, the Legal Costs 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.
5. Item 35 for negotiated motor vehicle personal injury claims
The introduction of 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 35.
The allowance set out in item 35 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
The introduction of the items in the determinations relating to catastrophic personal injuries 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 those items which relate to catastrophic personal injuries.
7. Item 28 in the 2014 Determination deleted
| (a) | In making this Determination, the Legal Costs Committee has considered a submission that Item 28 of the Legal Profession (Supreme Court) (Contentious Business) Determination 2014 ought to be amended to reflect the change in practice on seeking prerogative relief occasioned by the amendments to the Rules of the Supreme Court made in December 2013, including an amendment to reflect the title of Order 56, being Judicial Review. | ||
|
(b) The Legal Costs Committee has determined that the appropriate course is to incorporate applications made under Order 56 into item 11, with appropriate amendments, which applies to originating motions, originating summons and originating applications, and has consequently deleted item 28 of the Legal Profession (Supreme Court) (Contentious Business) Determination 2014. 8. Amendments to items 10 and 11
(a) An allowance for Senior Counsel has been included in items 10 and 11 in this Determination in recognition of the increasing complexity of matters covered by those items of the Determination. (b) It is not intended that fees for both Senior Counsel and Counsel be recoverable unless the Court is of the opinion that it was reasonable to brief two counsel. (c) It is not intended that fees for Senior Counsel be recoverable unless the Court is of the opinion that it was reasonable to brief Senior Counsel. 9. New item 34—Travel
(a) This Determination introduces a new item 34 which makes an allowance for travel. (b) It is the Committee’s view that minor travel, which means incidental travel associated with attendance at court for a hearing where that travel is of a minor duration (minor travel) is properly included in the costs recoverable for the appearance for which it is associated, and
notes paragraph 4.7.1.1 of the Supreme Court’s Consolidated Practice Directions, which
provides standard allowances for chambers appearances for amounts which include preparation and attendance at the hearing. Item 34 is intended to apply to travel necessary to undertake work other than minor travel. Examples of minor travel include, but are notlimited to—
(1) a practitioner walking from their usual place of business to a court; (2) a practitioner walking from a carpark to a court; or (3) a practitioner walking or taking public transport from one centrally located court to
another centrally located court.
(c) Item 34, is intended to cover all travel other than minor travel including, but not limited to— (1) travel by car or public transport within metropolitan Perth from a practitioner’s usual place of business to a suburban court or a court in the City of Perth, for example,
driving from Joondalup to the CBD, or taking the train to Armadale from the CBD;
(2) travel by car or public transport from a practitioner’s usual place of business to visit a
client or witness or to undertake any meeting or view necessary for the purposes of the
proceedings, regardless of where the destination is;
(3) travel by any means from outside the metropolitan area to Perth, for example, flying
from Port Hedland; or
(4) travel by any means from Perth to outside the metropolitan area, for example, taking
the train to Mandurah.
(d) Items 34(a) and (b) provide for the circumstances where travel is recoverable as part of the party—party costs in a proceeding. Item 34(b) is intended to cover circumstances where the
Court convenes at a location other than its usual location for those proceedings. Examples of
the situations covered by item 34(b) include, but are not limited to—
(1) travel required to attend at a court ordered mediation scheduled to take place in
Geraldton when the proceedings are case managed by the Court in Perth;
(2) travel required to attend a site visit or view, with the Court in attendance; (3) travel required to attend a court ordered examination of a witness prior to trial in
Esperance, when the proceedings are case managed by the Court in Perth; or
(4) travel required to attend the trial of proceedings in Perth when the proceedings were
case managed by the Court in Kalgoorlie.
(e) Travel to attend a location which does not include the Court and the parties attending together at that location falls within item 34(c). (f) Travel to attend at a directions hearing or similar in a centrally located court, from a non- centrally located business address of the legal practitioner, other than that component which falls within the definition of minor travel, falls within item 34(c). Examples of this include, but are not limited to—
(1) travel by car or public transport from Perth to Mandurah to attend any court hearing; (2) travel by car or public transport from Joondalup to Fremantle to attend any court
hearing; or
(3) travel from interstate to Perth to attend any court hearing.
(g) In making its decision in this Determination, the Legal Costs Committee has taken note of the Law Society of Western Australia’s Standard Costs Agreement, which contains a
provision that a law practice will charge travel at 50% of the agreed hourly rates.
(h) The Legal Costs Committee has also considered an informal policy of the Legal Profession Complaints Committee that travel should not ordinarily be charged at a rate of more than 50% of a law practice’s normal hourly charge-out rate.
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(i) Whilst the Legal Costs Committee recognises that during a travel period a law practice may not necessarily utilise legal skill and knowledge, there is a recognition of a loss of opportunity for the time spent travelling.
(j) The Legal Costs Committee notes that, having regard to the above— (1) it is the responsibility of a law practice to allocate the cost of time spent on travel fairly and reasonably where the travel is necessary to service more than one client on the day of travel; and (2) whilst nothing contained in this Determination prevents a law practice from charging time spent on a client matter or client matters in the course of travel (air travel by way of example), the law practice is not entitled to charge a client or clients for both time spent on a client matter (regardless of whether that that time relates to the client for whom the travel is being undertaken) and the amount allowed under item 34.
10. Introduction of new Restricted Practitioner category
| (a) | This determination introduces the new category Restricted Practitioner. This category includes all Australian legal practitioners engaging in restricted legal practice pursuant to |
section 50 of the Act, during the period when that person is undertaking the “required experience”, as defined in section 50 of the Act, and whilst an endorsement to that effect
remains on their practising certificate.
| (b) | A Restricted Practitioner is not intended to include 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. |
| (c) | The Legal Costs Committee consulted the profession regarding the necessity for amendments to the levels of practitioner set out in Table A, in light of the changing nature of legal practice in this State. In particular the Legal Costs Committee was conscious of the changes to admission requirements and pathways to admission, which have resulted in practitioners being admitted to practise without the close supervision of legal practice formerly afforded by articles of clerkship but with a longer period of restricted practice. The effect of this is that practitioners become senior practitioners with less experience than they previously have had, which has the effect of increasing the legal costs to consumers of their services. |
| (d) | It is the Legal Costs Committee’s view, as expressed in this Determination, that the |
Determination should as far as possible reflect the regulated structure of the profession and thereby provide consumers of legal services with additional transparency as to the experience of the practitioner providing the legal services.
| (e) | So as not to adversely affect clients of legal services provided by those practitioners who would, but for this change, have been Junior Practitioners or Senior Practitioners, |
transitional arrangements apply so that—
(1) practitioners admitted after 1 July 2014, but before 1 July 2016, are entitled to recover their legal costs as if they were Junior Practitioners until 30 June 2018, or the date on which they would, but for this clause, become Junior Practitioners under this Determination; and
(2) practitioners admitted after 1 July 2011, but before 1 July 2014, are entitled to recover their legal costs as if they were either Junior Practitioners or Senior Practitioners, whichever category would have applied but for this change, until 30 June 2018, or the date on which they would, but for this clause, become Senior Practitioners under this Determination.
11. Maximum hourly and daily rates
| (a) | The hourly and daily rates set out in Table A are the maximum hourly and daily rates, inclusive of GST, which the Legal Costs Committee determines shall be used to calculate the dollar amounts in the scale of costs set out in Table B. Each item in the scale of costs specifies a dollar amount with reference to the practitioner. |
| (b) | The rates referred to in paragraph (a) were ascertained in the manner set out in clause 4 of the Legal Profession (Supreme Court) (Contentious Business) Report 2016. |
| (c) | The daily rates set out in Table A are intended to cover all work done on a hearing or trial day, whether in or out of court, including preparation of written submissions and are not intended to be supplemented in any way by additional hourly charges given that the maximum number of hours allowed for the daily rate is 10 hours per day. |
| (d) | The items in Table B are not intended to be calculated on the basis of a minimum 6 minute unit. |
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 $484
Junior Practitioner (permitted to practise on his or her own account for less than 5 years) (JP)°
hourly rate $341
24 June 2016 GOVERNMENT GAZETTE, WA 2485
Maximum allowable
Fee Earner
hourly and daily rates
Restricted Practitioner (RP) °, #
hourly rate $297
Clerk/Paralegal (C/PL) ##
hourly rate $231
Counsel fees charged as a disbursement to practitioners or
charged by in-house Counsel:
Counsel (C)*
hourly rate $396 daily rate $3,960
Senior Counsel (SC)**
hourly rate $682 daily rate $6,820
° 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.** 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).
12. Costs
(a) Subject to the provisions of the Act permitting a law practice 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 GST and counsel fees, but exclusive of other disbursements)—
(1) recoverable by one party from another party; or
(2) payable by a party to that party’s own law practice, shall not exceed the amounts set out in Table B (except as otherwise provided in item 32 of
Table B.
(b) Allowances made under item 32 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 34(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.
13. Fixed amounts
Based upon the Legal Costs Committee’s enquiries it has determined that items 1(b), 3(a), 7(a), 14,
23(a), 25(b), 28(a) and 35 in Table B should be fixed amounts.
Table B
Supreme Court Scale of Costs 2016
Fee
Item Time $ earner
1. Writ—
(a) Writ of summons, whether specially or generally endorsed, 1.5 hours SP 726
including instructions, but excluding Statement of Claim
(b) For each additional defendant 77
(c) Statement of Claim 10 hours 4,840 SP
2. Next friend or guardian ad litem 3 hours RP 1,023 3. Defence—
(a) Memorandum of appearance 99
(b) Defence 10 hours SP 4,840 (c) Counterclaim 10 hours SP 4,840
| 2486 | GOVERNMENT GAZETTE, WA | 24 June 2016 |
Fee
| Item | Time | $ |
earner
Reply and other pleadings—
Reply (if necessary), defence to 10 hours SP 4,840 counterclaim, or any other pleading (a) Third party notice
| 5. | 2 hours | SP | 968 |
(b) Pleadings in third party 6 hours SP 2,904 proceedings
(a) Requesting particulars of a
pleading (where and to the
extent necessary)
| 6. | 3 hours | JP | 1,023 |
(b) Giving particulars of a pleading 5 hours JP 1,705
Discovery—
(a) Notice requiring discovery 66
(b) Giving discovery of documents 10 hours SP 4,840
Inspection—
Inspection and giving inspection of per hour SP 484 discovered documents whether by
personal attendance or otherwise
Interrogatories—
(a) Delivery of interrogatories 5 hours SP 2,420 (b) Answers to interrogatories 10 hours SP 4,840
Chambers—
(a) Proceedings in Chambers other than proceedings to which item 2 days SC 20,460
preparation, C 11,880
11 applies 1 day hearing; per hour
(b) Attending on a reserved 484
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 506
conferral but excluding extraction
Motions and originating process—
(a) Originating motion, originating 2 days
summons or originating preparation; SC
application and applications for 1 day C Judicial Review under Order 56 hearing and SP preparation SC of case—50 hours
(1) if senior counsel is 44,660 briefed without second
counsel
56,540
(2) if senior counsel is
briefed with second counsel
36,080
(3) if counsel alone is briefed
(b) For 2nd and each successive day of hearing C 6,820 SP 3,960
(c) Attendance at hearing by instructing legal practitioner per hour
(d) Attendance at directions per hour 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.
24 June 2016 GOVERNMENT GAZETTE, WA 2487 Fee
Item Time $ earner
12. Proceedings in Court not otherwise 2 days
provided for, including appeals from a preparation; C 9,900
Registrar ½ day hearing 13. 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
14.
Entry of judgment without trial 231 15. Offers of compromise, notices,
practice directions, etc—
(a) Payment into or out of Court 2 hours JP 682 (b) Offer of compromise under 4 hours SP 1,936 O.24A
(c) Acknowledgment of offer under 66 O.24A
(d) Acceptance of offer of 4 hours SP 1,936 compromise under O.24A
(e) Notice of offer to consent to 2 hours SP 968 judgment
(f) Other notices and certificates 77 referred to or required by the Rules or procedures of the court (including practice directions)
16. Entry for trial/Entry for hearing—
(a) Advising on, and preparing, documents required to be filed by the Rules of the Supreme Court or the Rules of the District Court 2 hours SP 968 (b) Preparation of Schedules (if
any) required by District Court
Rules 45C and 45D8 hours SP 3,872 (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.
17. Preparation of case—
Preparation of case for trial (includes 120 hours SP 58,080 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.
18.
Examination of witness before trial, An allowance in pursuant to order accordance with
item 20(c) or (d)
19. Application for and striking jury 1 hour JP 341
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Fee
| Item | Time | $ |
earner
Trial—
Counsel fees
(a) Fee on brief, i.e. first day of trial and preparation (including 3.5 days C 17,820 preparation;
submissions) 1st day of trial
(b) Fee on brief for Senior Counsel, i.e. first day of trial and 3.5 days SC 30,690 preparation;
preparation (including 1st day of
submissions) trial
(c) Counsel fee for the second and each successive day of hearing C 3,960 (d) Counsel fee for Senior Counsel for second and each successive day of hearing SC 6,820 (e) Instructing legal practitioner attending trial per hour SP (f) Clerk or Restricted Practitioner attending trial per hour C/PL RP (g) Preparation of written closing submissions—
(1) when ordered by the trial An amount which is
judge; reasonable in the
circumstances
(2) for filing and service prior to an adjourned date for oral addresses, or in substitution of oral addresses; and SC/C
(3) which could not reasonably have been undertaken during the course of the trial
(h) Attending on reserved per hour SP
judgment (including prep- aration, consideration of reasons for decision and all
necessary work and attendances to obtain final
orders)
(i) for each five hearing days after 1 day SC/C the first five, additional fee on
brief
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.
| 21. | Re-trial or Re-hearing | An amount which is |
| reasonable in the |
(a) Preparation of case for re-trial or re-hearing circumstances (b) Re-trial or re-hearing
| 22. | (a) Special | case, | case | stated | An amount which is |
(otherwise than by way of reasonable in the appeal) or trial of an issue circumstances (b) For the second and each successive day of the trial or hearing
24 June 2016 GOVERNMENT GAZETTE, WA 2489 Fee
Item Time $ earner
23. 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 484
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 (e) An application in an appeal, an interlocutory 10 hours C 3,960
or directions
hearing before a single Judge
or Registrar
(f) Preparation of case appeal for 10 hours SP 4,840 hearing
(g) Counsel fee on hearing 2 days C 11,880
(including preparation) preparation; 1 day hearing
2 days SC 20,460
(h) Counsel fee for Senior Counsel (including preparation) preparation; 1 day hearing
C 3,960
(i) Counsel fee for the second and each successive day of hearing
SC 6,820
(j) Counsel fee for Senior Counsel for the second and each successive day of hearing
per hour JP/SP
(k) Instructing legal practitioner
attending appeal
per hour SP
(l) Attending on reserved decision
(including preparation, consideration of reasons for decision and all necessary work and attendances to obtain final
orders)
24. 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 per hour SP/SC/C
after commencement of proceedings
(c) attendances by Counsel and instructing legal practitioners per hour SP/SC/C
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/SC/C and own instructing legal practitioner where reasonably necessary
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Fee
| Item | Time | $ |
earner
Orders—
Settling and extracting judgment or
order
(a) With appointment 2 hours RP 594 (b) Without appointment 297
| 26. | 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)
| 27. | Proceedings, whether by action or | An amount which is |
otherwise, for the recovery of 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
| 28. | (a) Execution | 341 |
(b) If against land, an additional 3 hours RP 891
| 29. | Taxing including drawing— | An amount which is |
| reasonable in the |
(a) Drawing bill of costs and SP service; and circumstances (b) Taxation of costs (including the time spent in preparing for the taxation)
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.
| 31. |
| ||
|
circumstances
Other work—
(a) Time reasonably spent by a legal practitioner on work requiring the skill of a legal practitioner (of the standing indicated) but not covered by any other item; per hour SC
SP
C
or JP
(b) Time reasonably spent by a legal practitioner, or by a clerk per hour RP C/PL or paralegal of a legal practitioner, on work not covered by any other item or by paragraph (a)
Note: Allowances under item 32 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.
24 June 2016 GOVERNMENT GAZETTE, WA 2491 Fee
Item Time $ earner
34. Travel—
(a) As between party and party, minor travel as defined in this Determination, 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. (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 34(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.
35. 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 16,401
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.
3,960
If Counsel is engaged for and attends C pre-trial conference, an additional
Made by the Legal Costs Committee on 15 June 2016.
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