Magistrates Courts Amendment Rules 1991 (No 2) (Qld)

Queensland Subordinate Legislation 1991 No. 47 Magistrates Courts Act 1921 ORDER IN COUNCIL At the Executive Building, Brisbane, the fifteenth day of August, 1991 Present: His Excellency the Governor in Council HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the MagistratesCourtsAct1921 , hereby makes the following Rule of Court. And the Honourable the Minister for Justice and Corrective Services is to give the necessary directions herein accordingly. E. J. BIGBY, Clerk of the Council MAGISTRATES COURTS AMENDMENT RULES 1991 (NO. 2) Short title 1 . These rules may be cited as the Magistrates Courts Amendment Rules 1991 (No. 2).

2 Magistrates Courts Amendment Rules 1991 (No. 2) Commencement 2. These rules commence on 1 September 1991. Amended rules 3. The Magistrates Courts Rules 1960 are amended as set out in these rules. Replacement of Fifth Schedule 4. Fifth Schedule— omit, insert— ‘SCHEDULE 5 SCALE OF BARRISTERS’ AND SOLICITORS’ COSTS Plaintiff’s Party and Party Costs by Amount Recovered Defendant’s Costs and Plaintiff’s Costs as between Solicitor and Client by Amount Claimed 1. Instructions to sue— plaint, summons and service . . . . . . 2. Instructions to defend—entry of appearance and defence and filing . 3. Appearance in Court in undefended cases (or in defended cases in which claim or defence is not proceeded with—additional to costs for instructions to sue but including any costs under item 4) to obtain judgement . . . . . . . . . . . . . . . . . . . . . Up to $750 $ Over $750 but not over $1 500 $ Over $1 500 but not over $2 500 $ Over $2 500 but not over $5 000 Over $ 000 but not over $10 000 Over $10 000 $ $ $ 99.50 141.00 177.00 339.00 423.00 593.00 99.50 141.00 177.00 339.00 423.00 593.00 33.50 33.50 48.00 76.50 96.50 134.00

3 Magistrates Courts Amendment Rules 1991 (No. 2) 4. Obtaining judgment under Rule 157 5. Preparing for trial— (a) including brief if Counsel engaged . . . . . . . . . . . . . . . . . . . (b) if no Counsel engaged . . . . . . . 6. Counsel’s fees— (a) to settle plaint and summons, counter-claim, entry of appearance and defence or notice of appeal . . . . . . . . . . . . (b) to settle special affidavit, reply or particulars where the Magistrate or Registrar is satisfied that the same is reasonably necessary or proper (c) to settle interrogatories or answers to interrogatories where the Magistrate or Registrar is satisfied that the same is reasonably necessary or proper (d) on conference, inspection of works or locus in quo, or any similar attendance where the Magistrate or Registrar is satisfied that the same was reasonably necessary or proper—per hour . . . . . . . . . . . . (e) to advise on evidence or for any other opinion . . . . . . . . . . . . . . . (f) on trial or hearing not being a chamber application (first day) (g) on each subsequent day of hearing (if the matter occupies two or more hours of that day or the appearance is certified for by the Court) . . . . . . . . . . . . . . . . . (h) on each subsequent day of hearing not included in item 6(g) . . . . . . . . . . . . . . . . . . . . . . Up to $750 $ 33.50 Over $750 but not over $1 500 $ 33.50 Over $1 500 but not over $2 500 $ 48.00 Over $2 500 but not over $5000 $ 76.50 Over $5 000 but not Over over $10 000 $10 000 $ $ 96.50 134.00 279.00 367.00 444.00 1 018.00 1 276.00 1 787.00 177.00 307.00 354.00 849.00 1 061.00 1 487.00 92.00 130.00 56.50 78.50 90.00 127.00 92.00 130.00 101.00 135.00 260.00 321.00 390.00 435.00 576.00 807.00 173.00 215.00 260.00 290.00 384.00 537.00 86.50 107.00 130.00 145.00 192.00 269.00

4 Magistrates Courts Amendment Rules 1991 (No. 2) Up to $750 $ Over $750 but not over $1 500 $ Over $1 500 but not over $2 500 $ Over $2 500 but not over $5 000 $ Over $5 000 but not over $10 000 $ Over $10 000 $ (i) in cases or applications tried or heard outside the town in which Counsel ordinarily practises, a further fee by way of out of chambers fee of not less than $33.50 per day may be allowed for each day on which it is not reasonably practicable for Counsel to be in attendance at chambers for a total of at least one hour, between the hours of 8.30 am and 5.30 pm . . . . . . . . (j) on any chamber application . . (k) to hear deferred judgment . . . . 7. Solicitor on hearing— (a) appearance without Counsel on hearing first day . . . . . . . . . . . . (b) appearance without Counsel on second and each subsequent day of hearing (if the matter occupies two or more hours of that day and the appearance is certified for by the Court) . . . . 8. On hearing with Counsel— (a) attendance of Solicitor per day with Counsel; . . . . . . . . . . . . . . (b) attendance of articled clerk per day with Counsel . . . . . . . . . . . 9. Proof of damages (where opposite party fails to appear, or fails to file an entry of appearance and defence—additional to costs for instructions to sue but including any costs under Item 3 or Item 4)— (a) Counsel’s fees (if no fee is payable under item 6(f)) . . . . . (b) Solicitor for appearance without Counsel . . . . . . . . . . . . . . . . . . . 270.00 177.00 118.00 28.50 99.50 99.50 307.00 354.00 373.00 226.00 254.00 254.00 141.00 165.00 186.00 34.50 42.00 128.00 118.00 128.00 139.00 118.00 128.00 128.00 93.50 48.00 468.00 321.00 231.00 146.00 175.00 158.00 131.00 68.00 656.00 450.00 324.00 146.00 245.00 221.00

5 Magistrates Courts Amendment Rules 1991 (No. 2) 10. Application to the Court (or, where allowed, to the Registrar) in garnishee proceedings . . . . . . . . . . . 11. Other applications to the Court not being an application for an adjournment . . . . . . . . . . . . . . . . . . . 12. Instructions— (a) for discovery, preparing, filing and perusing, affidavit, giving and making inspection and copies of documents— (i) allowance to party requesting discovery . . . . . (ii) allowance to party making discovery . . . . . . . . . . . . . . (b) for interrogatories and answers to interrogatories including preparation, filing and perusing— (i) allowance to party delivering interrogatories . (ii) allowance to party answering interrogatories . 13. Arbitration— the allowances for costs of arbitration are to be in the discretion of the Registrar, subject to review by the Court not exceeding—first day . . . . each subsequent day (if the matter occupies two or more hours of that day and is allowed by the Registrar of the Court) . . . . . . . . . . . . . . . . . . . 14. Examination de bene esse— (a) Counsel’s fees . . . . . . . . . . . . . . (b) where no Counsel engaged . . . Up to $750 $ Over $750 but not over $1 500 $ Over $1 500 but not over $2 500 $ Over $2 500 but not over $5 000 $ Over $5 000 but not over $10 000 $ Over $10 000 $ 71.50 99.50 118.00 212.00 265.00 265.00 71.50 71.50 83.00 153.00 192.00 265.00 33.50 57.50 71.50 113.00 146.00 170.00 33.50 57.50 71.50 260.00 283.00 316.00 33.50 57.50 71.50 192.00 203.00 215.00 33.50 57.50 71.50 180.00 188.00 197.00 177.00 298.00 367.00 373.00 468.00 656.00 141.00 212.00 254.00 254.00 316.00 443.00 172.00 117.00 172.00 117.00 172.00 131.00 198.00 170.00 248.00 215.00 348.00 301.00

6 Magistrates Courts Amendment Rules 1991 (No. 2) 15. Warrant of execution— (a) costs of preparing warrant andattending issuing and for return—to be endorsed on warrant (exclusive of Court or other fees) . . . . . . . . . . . . . . . . . (b) costs of registration of warrant of execution against land . . . . . . . 16. Warrant (other than warrant of execution)—preparing warrant and attending issuing . . . . . . . . . . . . . . . . 17. Taking out a judgment summons or showing cause against a judgment summons . . . . . . . . . . . . . . . . . . . . . . Up to $750 $ Over $750 but not over $1 500 $ Over $1 500 but not over $2 500 $ Over $2 500 but not over $5 000 $ Over $5 000 but not over $10 000 $ Over $10 000 $ 33.50 33.50 39.00 76.50 96.50 134.00 33.50 33.50 39.00 76.50 96.50 134.00 33.50 33.50 39.00 76.50 96.50 134.00 33.50 33.50 39.00 76.50 96.50 134.00 The charges set out in this Schedule are to cover all services performed to which they are applicable and all incidental work and attendances, and costs which are not provided for in the Schedule or by a Rule of Court are not payable to any practitioner in actions or matters to which this Schedule applies, but as between solicitor and client, costs which are not provided for by the Schedule may be allowed if the Court or Taxing Registrar is satisfied that the client has agreed in writing to pay them and that those costs are reasonable. No costs of or incidental to the attendance of Counsel, or solicitor acting as advocate, are to be allowed if the Court certifies that the case was not a fit case for Counsel to attend. The Court may direct that the costs to be allowed for Counsel, or solicitor acting as advocate, shall be less than those prescribed in this Schedule. In the absence of any agreement between solicitor and client there are to be allowed the reasonable expenses of Counsel and solicitor necessarily incurred in travelling between the town which is the place of hearing and the town in which the practitioner ordinarily practises or resides (whichever is the nearer). A Court may disallow the costs of any step taken by any party in any proceeding in the Court if the Court thinks that step was unnecessary for the

7 Magistrates Courts Amendment Rules 1991 (No. 2) proper conduct of the proceedings on behalf of that party. Where the hearing of a case occupies more than one day and the time occupied on any one day after the first day is less than a full day the Court or Taxing Registrar may in respect of that day allow only such part of a full day’s costs as is considered reasonable. Wherever the expressions “per hour” or “per day” appear, the Court or Taxing Officer or Taxing Registrar is to apportion the charge on a pro rata basis, but in respect of item 6(d), the Court or Taxing Registrar is to allow the prescribed fee for the first hour and thereafter is to apportion the fee on a pro rata basis. ’. ENDNOTES 1. Published in the Gazette on 17 August 1991. 2. Laid before the Legislative Assembly on 4 September 1991. 3. The administering agency is the Department of Justice. The State of Queensland 1991