EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 263
Issued by the authority of the Justices of the High Court of Australia
AMENDMENTS TO THE HIGH COURT RULES
The Second Schedule to the High Court Rules specifies the amount which solicitors are, subject to the Rules, entitled to charge and be allowed on taxation by the taxing officer of the court in respect of the various steps taken during the course of proceedings in the High Court. The attached rule has the effect of increasing each of the specified fees by 20%.
The last increase to the scale was made in 1981 and took effect as from 1 March 1981. That increase was made pursuant to a request made by the Law Council of Australia in October 1980. On 23 August 1982 the Law Council of Australia made application for an increase of 20%, and supported its application by reference to figures which showed the increase that had occurred since March 1981 in average weekly earnings and in the amounts payable under awards to solicitors, legal clerks and legal secretaries. The Court commenced a review of the scale, and had not reached a decision when it became aware of the Government’s policy with regard to a wages pause, and the Government’s request to professional bodies for co-operation in bringing about a pause on professional incomes. The Court sought the Law Council’s attitude to its request in the light of those matters and was informed that the Law Council would not be seeking an increase in scales of costs during the currency of the wages pause.
On 6 October 1983 the Law Council again wrote to the Court pointing out that the implementation of the recent decision of the Conciliation and Arbitration Commission and the repeal of the Salaries and Wages Pause Act 1982 have effectively terminated the wages pause and renewing the request for an increase of 20%. The Council stated that in the interests of continuing restraint it had decided not to seek a “catch up” in respect of the period of the wages pause.
The Court having considered the matter has concluded that the Law Council’s request is fully justified. The nature and importance of the work in the High Court is such that the professional costs of solicitors who prepare cases which come before it for hearing should reflect the high degree of professional skill which is required in preparing a matter. Although the High Court scale has not increased since March 1981, there have been substantial increases in the scales of costs in the various State Supreme Courts since that time. The Court has noted the considerable proportionate increases that have occurred in weekly earnings and in the Consumer Price Index since March 1981. The Court is very conscious of the need for continuing restraint in relation to professional costs, but after careful consideration has concluded that the increase sought should be granted. It should be noted that the scale does not affect the amount of fees charged by counsel.