EXPLANATORY STATEMENT
Statutory Rules 1987 No. 24
Issued by the Authority of the Judges of the Supreme Court of the Australian Capital Territory
AMENDMENT OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
These amendments allow for the increase in the scale of costs chargeable by solicitors for litigious work. They follow acceptance of recent recommendations of the Federal Costs Advisory Committee. The Committee was established to advise the Judges of the Court on variations on the quantum of costs for solicitors which should be fixed in the Rules.
The last previous increase was made on 1 October 1987. The present increase takes into account increases in the Consumer Price Index between 31 March 1987 and 30 June 1987 and the increases in Award Rates of Pay Index (A.C.T.) as between 31 March 1987 and 30 June 1987. The Committee continued to accept that 39% of solicitors’ gross fee costs were attributable to employees’ wages and salaries, 31% to other overheads and the remaining 30% to partners’ salaries and profits. The overall percentage increase has been fixed at 3.3%. The Fourth Schedule to the Rules of Court (except items 36 and 37 which relates to witness’ fees and disbursements) has been re-drawn to incorporate this latest increase as well as all increases made to the Schedule since 1 November 1984. The new Fourth Schedule applies to work done or services performed on or after 1 June 1987. The 3.3% increase has also been applied to the costs provided for in Order 4 rule 6 except insofar as those costs include the disbursement of a Court filing fee.
Order 65 rule 41 has also been amended to allow for the same rate for a copy of a page of document as is allowed in the Fourth Schedule.