EXPLANATORY STATEMENT
Statutory Rules 1986 No. 349
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 recommendationss 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 March 1986. The present increase takes into account increases in the Consumer Price Index, the Weekly Total Earnings Index, and the Average Weekly Ordinary Times Earnings Index for the quarter ending on 31 December 1985. The Committee accepted 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. In arriving at an appropriate percentage increase, the Committee applied a 2% discount to the partners’ salaries and profit share component of the gross fee costs so as to reflect the 2% discount applied to wage and salary increases in the National Wage Case decision of 26 June 1986. The overall percentage increase has been fixed at 2.9%. That increase has been applied to the scale of costs in the Fourth Schedule to the Rules of Court (except items 36 and 37 which relate to witness’ fees and disbursements) for work done or services performed on or after 1 December 1986. The 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.