County Court (Chapter I Scale of Costs Amendment) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter I Scale of Costs Amendment) Rules 2013 S.R. No. 167/2013 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Scale of costs—Appendix A substituted 1 APPENDIX A—Scale of Costs 1 5 Circuit fees—Schedule 1 substituted 23 SCHEDULE 1—Circuit Fees 23 ═══════════════ ENDNOTES 26 -- 1 of 27 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 167/2013 County Court Act 1958 County Court (Chapter I Scale of Costs Amendment) Rules 2013 A majority of the Judges of the County Court makes the following Rules: 1 Object The object of these Rules is to amend Chapter I of the Rules of the County Court to provide for an increase in the scale of costs in Appendix A and circuit fees in Schedule 1. 2 Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3 Commencement These Rules come into operation on 1 January 2014. 4 Scale of costs—Appendix A substituted For Appendix A to the County Court Civil Procedure Rules 20081 substitute— "APPENDIX A SCALE OF COSTS PART 1—GENERAL SCALE Scale of fees and charges to be paid to legal practitioners, including Counsel between party and party and between legal practitioners and clients. -- 2 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 2 The Judge, Registrar or Costs Court shall have full discretion to allow any fee, cost or disbursement in full or in part or such other fee as is fair and reasonable to compensate for the work actually done. The charges in this Scale are exclusive of any GST chargeable. Institution of Proceedings 1. Instructions to sue including letter before action, drawing and engrossing of brief to and attendance on counsel, preparation of originating process, statement of claim, request to enter the list and copies, filing, attending to service, and affidavit of service $816.00 If Brief to Counsel or Statement of Claim each exceeds 10 folios, for each additional folio such additional fees pursuant to items 27 and 28 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Consent of litigation guardian including preparation of memorandum, copies and obtaining signature of litigation guardian $221.00 2. Instructions to defend, including perusal of statement of claim, up to 10 folios, and preparation and filing of appearance including copies $380.00 If Statement of Claim exceeds 10 folios, for each additional folio such additional fees pursuant to item 33 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so 3. Instructions to institute or oppose any interlocutory proceeding, or instructions for special affidavit where not elsewhere provided for $104.00 r. 4 -- 3 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 3 Administrative Mention 4. Preparation of consent directions order, attendances (not including attendances at Court), copies, filing and serving and perusal of directions order $402.00 Issues and Particulars 5. (a) Counterclaim or third party notice including drawing and engrossing of brief to and attendance on counsel, copies, filing and service $436.00 (b) Perusal of counterclaim or third party notice and making copies for file and brief $69.00 If Brief to Counsel, counterclaim or third party notice exceeds 10 folios, for each additional folio such additional fees pursuant to item 33 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Defence 6. (a) Any necessary further pleading, notice claiming contribution or indemnity, including drawing and engrossing of brief to and attendance on counsel, copies for file and for service, filing and service $277.00 (b) Perusal of Defence, any necessary further pleading, notice claiming contribution or indemnity and making copies for file and brief $69.00 If Brief to Counsel, defence, any necessary further pleading or any notice claiming contribution or indemnity exceeds 10 folios, for each additional folio such additional fees pursuant to items 27, 28 and 33 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so r. 4 -- 4 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 4 7. Request for further particulars including special damages or preparation of further particulars or special damages including drawing and engrossing of brief to and attendance on counsel, copies, filing, service, perusal of further particulars, or special damages, or request, and making copies thereof $326.00 If Brief to Counsel, defence, any necessary further pleading or any notice claiming contribution or indemnity exceeds 10 folios, for each additional folio such additional fees pursuant to items 27, 28 and 33 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Discovery 8. (a) Notice for discovery including copies, filing, service, perusal of affidavit of documents, and making copies thereof $221.00 (b) Affidavit of documents including instructions for affidavit, copies, swearing, filing and service $546.00 If affidavit exceeds 10 folios, for each additional folio such additional fees pursuant to item 33 as appropriate provided that the Judge, Registrar or Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Interrogatories 9. (a) Interrogatories for examination of one party including instructions for interrogatories, drawing and engrossing of brief to and attendance on counsel, copies, filing, service, perusal of answers to interrogatories and making copies thereof $546.00 r. 4 -- 5 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 5 (b) Answers to interrogatories of one party including perusal of interrogatories, instructions for answers, drawing and engrossing of brief to and attendance on counsel, swearing, copies, filing and service $1085.00 If interrogatories, answers or brief to counsel exceed 10 folios, for each additional folio such additional fees pursuant to items 27, 28 and 33 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Notices 10. (a) Notice to Admit including drawing and engrossing of brief to and attendance on counsel, copies, filing, service, perusal of admissions and making copies thereof $221.00 (b) Admissions (including perusal of Notice to Admit and making copies thereof), drawing and engrossing of brief to and attendance on counsel, copies, filing and service $380.00 If Notice to Admit, admissions or brief to counsel exceed 10 folios, for each additional folio such additional fees pursuant to items 27, 28 and 33 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so 11. Offer of compromise, or notice of acceptance including copies, and service $154.00 r. 4 -- 6 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 6 12. (a) Any necessary notice (including notices before proceeding, notice to Transport Accident Commission and any other statutory notice when required) memorandum or undertaking, including copies, filing and service, where not elsewhere provided for $154.00 (b) Any short notice, memorandum or undertaking (including expert witness statement front sheet where report of expert attached, Statement of Issues and Statement of Calculation of Loss of Earnings) not exceeding three folios in length, including copies, filing and service, where not elsewhere provided for $94.00 If short notice, memorandum or undertaking exceeds 3 folios, for each additional folio such additional fees pursuant to items 27 and 28 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Preparation and Trial 13. Callover— (a) Solicitor's attendance $154.00 (b) Clerk's attendance $104.00 Subpoena 14. (a) Including filing, copy for service and attending to arrange service $104.00 (b) Each additional copy for service $4.10 Expert Witness 15. (a) Arranging examination or inspection by an expert witness and notifying party $104.00 r. 4 -- 7 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 7 (b) Notifying party of examination or inspection arranged by opposite party $48.00 Advice of Counsel 16. Including drawing and engrossing a memorandum to counsel of not more than 3 folios, attendance on counsel and perusal of advice $277.00 If memorandum exceeds 3 folios, for each additional folio such additional fees pursuant to items 27 and 28 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so If advice exceeds 10 folios, for each additional folio such additional fees pursuant to item 33 as appropriate provided that the Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Conference with Counsel 17. Appointing conference and attending— (a) Solicitor's attendance—per hour $277.00 (b) Clerk's attendance—per hour $154.00 Brief to View 18. Including arranging view, attendance on counsel and attendance at view $277.00 If attendance on view exceeds half an hour, for each quarter hour thereafter $48.00 Mediation and Case Conference 19. Counsel or solicitor appearing at mediation or case conference— (a) Half day (3 hours or part thereof) $1353.00 (b) Hourly rate beyond half day $326.00 (c) Daily maximum or if case settles within the day $2393.00 r. 4 -- 8 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 8 Solicitor appearing to instruct at mediation or case conference— (d) Half day (3 hours or part thereof) $546.00 (e) Hourly rate beyond half day $267.00 (f) Daily maximum $1323.00 Note 1 Paragraphs (a), (b) and (c) are all inclusive and include preparation and appearance. 2 Despite anything to the contrary in item 42, a Judge or Costs Court may allow a higher fee for counsel or solicitor appearing at mediation or case conference. 3 In circuit cases, a circuit fee may be allowed by a Judge or Costs Court in accordance with Schedule 1 if in his or her opinion, having regard to all the circumstances, the fees in this item are insufficient. Directions Hearing 20. Counsel or solicitor appearing at directions hearing, for each hour appearing, but not to exceed $1512.00 for the day $267.00 Instructions for Brief 21. For work necessarily and properly done in preparing for trial or hearing and not otherwise provided for, including— (a) taking instructions for examination of any party or witness; (b) considering the facts and the law; (c) attending on and corresponding with client; (d) interviewing and corresponding with witnesses and taking proofs of their evidence; r. 4 -- 9 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 9 (e) arranging to obtain reports or advice from experts and maps, plans, photographs and models; (f) making search in any public office and elsewhere for relevant documents; (g) inspecting any property or place material to the proceeding; (h) perusing relevant documents; (i) the general care and conduct of the proceeding. Such sum as may be appropriate, to be fixed by the Judge or the Costs Court having regard to all the circumstances of the case and in particular to— (a) the complexity of the matter; (b) the difficulty or novelty of the questions involved in the matter; (c) the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner; (d) the liability assumed by the legal practitioner in the matter; (e) the amount or value of money or property involved; (f) the time within which the work was required to be done; (g) any other relevant matter. Notes 1 This item should begin with a short statement of— (a) the main issues; (b) any particular difficulties of fact or law; (c) any special skill, knowledge or responsibility required. r. 4 -- 10 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 10 2 This should be followed not by a chronological narrative, but by an analysis of the work done separated on the main headings appropriate to the subject matter, a statement of the number of attendances on the client, the total time occupied and the number of letters sent, but not the details of every attendance or of every letter. However, where objection is lodged to the stated number of letters, attendances, documents drawn, perused or scanned and copied documents, the practitioner lodging the bill for taxation must remove from his or her file that material claimed, and be in a position to produce same in chronological order at the taxation Brief to Counsel to Appear 22. Including drawing and engrossing a memorandum to counsel of not more than 3 folios and attendance on counsel $154.00 If memorandum exceeds 3 folios, for each additional folio such additional fees pursuant to items 27 and 28 as appropriate provided that the Judge, Registrar or Costs Court is satisfied in all the circumstances that it is fair and reasonable to do so Attending Court 23. (a) Solicitor or managing clerk with counsel—per half day $546.00 (b) Clerk with counsel—per half day $402.00 (c) Solicitor without counsel—per day $1617.00 (d) If proceeding in list for hearing but not reached, for each hour spent waiting $267.00 r. 4 -- 11 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 11 (e) Additional Solicitor or managing clerk (if certified by trial Judge)— discretionary fee (f) Pre-Trial Conference— (i) solicitor or managing clerk with counsel $546.00 (ii) solicitor without counsel $814.00 Solicitor or managing clerk attending trial at a Court more than 50 kilometres from his or her place of business for each day of absence from office—discretionary additional fee Brief to hear Judgment 24. (a) Including receiving advice of date fixed, and attendance to hear judgment for up to one hour; Brief to counsel to appear to be allowed as at item 22 in addition $277.00 (b) Drawing and engrossing brief to Counsel to appear (or brief notes for solicitor) for any unopposed application or adjournment (where not otherwise provided for) including attendance to apply, for up to one hour $277.00 Time over one hour to be allowed at the rate for counsel as set out in item 42 Costs of the Day 25. Including— (a) Practitioner for attending Court where no counsel employed $656.00 (b) Attending with counsel— (i) Clerk $326.00 (ii) Practitioner or managing clerk $484.00 (c) Counsel's fees $1425.00 Note These allowances shall be in addition to other items thrown away. r. 4 -- 12 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 12 Court Documents 26. Applications, including copies, issuing and filing $154.00 Affidavit of service, including swearing, copies and filing $48.00 Necessary affidavit (not otherwise provided for), including preparation, copies, swearing, filing and service $546.00 Short affidavit or affidavit exhibiting reports (where not otherwise provided for), including preparation, copies, swearing, filing and service $267.00 27. Drawing Documents—for each folio $29.00 Or at such higher rate as the Costs Court considers appropriate given the nature of the document Engrossing or Approval of Documents 28. Otherwise properly drawn and engrossed by others and signed by the Solicitor For each folio $10.00 Reproduction by Photocopy 29. Or other machine-made copy including hard copies of electronic documents— for each printed side of a page $0.23 If printed out of the office, allow the amount charged by the service provider as a disbursement Letters (including electronic communications) 30. (a) Message (20 words or less) or letter forwarding documents without explanation, or circular letter $13.10 (b) Short (one folio or less) $27.00 r. 4 -- 13 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 13 (c) Any other letter—for each folio or at such higher rate as the Costs Court considers appropriate given the nature of the document and having regard to items 27 and 28 of the scale $39.00 (d) For each additional page after the first page of a circular letter, the photocopying charge shall apply The charge for a letter includes transmission by standard surface post, facsimile, email or other form of electronic transmission Service 31. (a) Personal service where necessary and required and not able to be served by other means $76.00 (b) Attempted service where more than one attendance is necessary to effect service, or to ground an application for substituted service, for each necessary attendance $45.00 (c) Service by leaving. Service of a document on party by filing or leaving at the office of the party's solicitor or other address for service, where that mode of service is necessary $34.00 (d) By letter in accordance with item 30(b) $27.00 Receiving and Filing 32. Any incoming document including correspondence whether by electronic means or otherwise including first page for file $12.30 Copies of additional pages received electronically are to be charged pursuant to item 29 r. 4 -- 14 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 14 Perusals 33. Of all documents including incoming correspondence— For each folio $5.90 Scanning 34. If it is not reasonable to peruse but it is reasonable to scan a document including incoming correspondence— for each page $4.10 Examination 35. If it is not reasonable to peruse or scan a document but an examination is reasonable—for each page $2.90 Review and Consideration 36. Where the Costs Court considers it reasonable for the legal practitioner or lay associate to review or consider the file or particular parts of the file in preparing to draw or redact documents and letters, for conferences, hearings, taxations of costs and the like— in accordance with item 41(a) and (b) In considering a claim made pursuant to this item the Costs Court must have regard to any allowances claimed pursuant to items 33, 34, 35, 37 and 38 Delegation and Supervision 37. In matters where the Costs Court considers it reasonable for more than one legal practitioner to be involved in the conduct of the matter, the Costs Court shall make such additional allowances as are considered reasonable in all the circumstances in accordance with this scale. Such allowances may include time spent by both principal practitioner and delegates in ensuring tasks are properly delegated and supervised— in accordance with item 41(a) and (b) r. 4 -- 15 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 15 Research 38. Researching the law and evidence— in accordance with item 41(a) and (b) Collation, Pagination and Indexing 39. Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 41(c) Redaction 40. Of documents or files including for discovery or inspection purposes, briefs to Counsel, Court Books, Appeal Books, exhibits or annexures to Court documents, hearings, instructions to expert witnesses, correspondence and the like—in accordance with item 41(c) Attendances 41. Any necessary attendance not otherwise provided (a) Requiring legal skill or knowledge by a legal practitioner—per quarter hour or part thereof (100%) $58.00 (b) Where any attendance, requiring legal skill or knowledge, referred to in item 41(a) is by a lay associate as defined by section 1.2.4(2)(b) of the Legal Profession Act 2004, a trainee (formerly called articled clerk) or a clerk (meaning an employee of a legal practice who is not an Australian legal practitioner within the meaning of the Legal Profession Act 2004 and who by training or experience is able to conduct work exercising legal skill or knowledge—at the rate of 75% of the legal practitioners rate (75%) $44.00 r. 4 -- 16 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 16 (c) Any other attendance, not requiring legal skill or knowledge, capable of performance by a clerk—per quarter hour or part thereof (50%) $29.00 (d) Attendances to file or issue any document or similar attendance— per quarter hour or part thereof (50%) $29.00 Travelling to Court or counsel's chambers for a conference may be allowed on taxation or assessment if the Law Practice is more than 10 kilometres from the Court or counsel's chambers and it is reasonable to make a charge, at the rate allowed in item 41(c) Where the attendance is by telephone the charge for an attendance includes the standard local landline telephone charge Fees to Counsel Junior Counsel Senior Counsel 42. (a) Appearances (i) On trial or appeal including up to 4 hours preparation (daily fee) $1713– $4797 $4055– $7537 (ii) Any other appearance (1/2 day rate) $856– $2398 $2027– $3769 (b) Preparation (for each hour exceeding first 4 hours) $172– $479 $411– $754 (c) Conferences (not occurring on day of hearing) (for each hour) $172– $479 $411– $754 (d) Views (for each hour) $172– $479 $411– $754 r. 4 -- 17 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 17 (e) Drawing or settling documents (for each hour) $172– $479 $411– $754 (f) Opinions, advices (for each hour) $172– $479 $411– $754 (g) Not otherwise provided for (for each hour) $172– $479 $411– $754 (h) Circuit Fees—Based on Schedule 1 (i) In allowing a fee to counsel, the Costs Court will have regard to the following— (i) the complexity of the matter; (ii) the difficulty or novelty of the questions involved in the matter; (iii) the skill, specialised knowledge and responsibility involved and the time and labour extended by the law practitioner; (iv) the other fees and allowances to the law practitioner; (v) the number and importance of the documents prepared and perused, however brief; (vi) the places and circumstances in which the business involved in the matter are transacted; (vii) the commercial importance of the case; (viii) the importance of the matter to the client; (ix) the amount or value of money or property involved; (x) research and consideration of questions of law and fact; r. 4 -- 18 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 18 (xi) payments made for interlocutory work where that work has reduced the work which would otherwise have been necessary in relation to the brief; (xii) the quality of the work done; (xiii) the place where, and circumstances in which, the legal services were provided; (xiv) the time within which the work was required to be done; (xv) the extent to which the case prevented the law practitioner taking on other work; (xvi) the undesirability of being associated with the case; (xvii) the nature and length of the professional relationship with the client; (xviii) the standing of counsel; (xix) the fees charged by counsel of similar standing in cases or matters of a similar kind; (xx) the possibility that counsel may be called on to argue on behalf of a party not represented at the hearing; (xxi) the jurisdiction in which the service is provided; (xxii) the number of persons represented by the practitioner at the same time; (xxiii) any other relevant matter; r. 4 -- 19 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 19 (j) Where costs are taxed pursuant to an order of the Court, Counsel's fees in excess of the scale range are not to be allowed in the absence of an order by the Judicial Officer making the costs order (k) In any other case, the Costs Court has discretion to allow fees in excess of scale Note No fee to counsel is to be allowed unless vouched by the signature of counsel or his or her clerk. (l) In circuit cases, a circuit fee may be allowed and the amount thereof fixed by order of the Judge, in accordance with Schedule 1, if, in his or her opinion (having regard to all the circumstances, including travelling expenses, living expenses and absence from chambers) the scale fee is insufficient, but the total amount of the scale fee and the circuit fee shall not exceed the fee marked on the brief (m) Where the Judge certifies or the Costs Court allows for 2 counsel, all reasonable and necessary attendances and copies of documents for the brief as allowed for in items 41 and 29 additional to those which would have been necessary had only one counsel been employed shall be allowed Order for Substituted Service 43. Application for order for substituted service including application, affidavit in support, draft order, filing and perusal of order (not including fees of advertising) $591.00 r. 4 -- 20 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 20 Interpleader 44. (a) Bailiff—solicitor or counsel appearing $1228.00 (b) Claimant—solicitor with or without counsel appearing $1000.00 (c) Creditor—solicitor with or without counsel appearing $1000.00 Other Applications in Proceedings 45. (a) Applicant's costs—solicitor with or without counsel appearing $1228.00 (b) Respondent's costs—solicitor with or without counsel appearing $1098.00 (c) The costs include the fee for drawing and engrossing the application, one affidavit in support, brief to counsel, all necessary attendances on counsel (d) Additional work to be allowed pursuant to the scale Summons to Debtor 46. (a) Judgment Creditor on hearing— solicitor with or without counsel appearing $1228.00 (b) Costs of adjournment—solicitor with or without counsel appearing $1000.00 The costs in items 44, 45 and 46 do not include fees for service or filing fees for an application. These costs are subject to increase or reduction at the discretion of the Costs Court. Such costs include the summons, affidavit in support, one affidavit of service, preparation, signing, service and filing of the order where appropriate r. 4 -- 21 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 21 Miscellaneous 47. Registration of interstate Judgment $154.00 48. Warrant of execution $154.00 49. Upon entering default judgment, including instructions to sue, letter before action, preparation of originating process and statement of claim, including copies, issuing, arranging for service, affidavit of service and entry of judgment $854.00 Witnesses' Expenses Witnesses giving evidence in an expert or professional capacity—$175.00–$352.00 per hour or part thereof, not exceeding $2189.00 per day. Persons not referred to in the preceding paragraph who are engaged in business as principals on their own behalf— $365.00 per half day or part thereof but not in any event to exceed $656.00 in any one day. Other witnesses—$108.00 per hour, provided that a witness who receives wages, salary, remuneration or fees may be allowed the amount actually lost by reason of attendance not exceeding $656.00 per day. Travelling expenses, if witnesses' residence or place of business is more than 7 kilometres from place of hearing, the sum reasonably and actually paid. Witnesses attending in more than one case will be entitled to a proportionate part only in each case. Professional, scientific or expert witnesses, for time necessarily occupied in qualifying to give evidence, to be allowed such reasonable sum as was necessarily and properly incurred. Meals and Accommodation of Witnesses A reasonable sum to be fixed by the Costs Court. In cases in which it is considered reasonable to bring heavy or bulky articles to court or the precincts of the court as exhibits or for inspection by Judge or Jury, a reasonable sum may be allowed for costs of conveyance or transport. r. 4 -- 22 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 22 Interpreter Allowances Attending professional, scientific or expert witnesses qualifying to give evidence, attending conference with solicitor or counsel $74.00, or for each hour $52.00 but not in any event to exceed $317.00 in any one day. Attending court where the period of absence from the place of business or residence is 4 hours or less, $182.00, and for each hour or part thereof in excess of 4 hours, $52.00, but not in any event to exceed $317.00 in any one day. Travelling Accommodation and Meals A reasonable sum to be fixed by the Costs Court. PART 2—ELECTRONIC DOCUMENT MANAGEMENT If a proceeding is conducted electronically, the Costs Court shall allow such costs as have been reasonably incurred and are of a reasonable amount including, but not limited to, the costs of engaging an external service provider or an IT consultant in the employ of the law firm. 50. Document preparation including delineation and identification of host/attachment relationship—for each document $2.30 51. Database creation, database administration and project management including establishing design and agreement of protocols, database design and implementation, importing data, normalisation of data/cleanup, user management and access, duplicate culling, team management, resourcing, reports, production of draft discovery lists, electronic exchange and security issues—for each document $5.60 52. Database entry including numbering and objective coding—for each database item—for each field $0.31 53. Bar coding—for each page $0.02 r. 4 -- 23 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 23 54. Scanning and electronic processing (a) Establishing design and agreement of protocols, scanning and quality assurance of images and conversion of e-files—for each page $0.27 (b) Extracting files, automated indexing, automated records attachment relationship, automated numbering and automated re-duplication of data—for each file $0.31 55. Publishing (a) To CD including set up and burning—for each CD $169.00 (b) To hard copy—for each page $0.31 __________________". 5 Circuit fees—Schedule 1 substituted For Schedule 1 to the County Court Civil Procedure Rules 2008 substitute— "SCHEDULE 1 CIRCUIT FEES Circuit town Fee for first day Further fee for each day thereafter Bairnsdale $559.00 $372.00 Ballarat $355.00 $241.00 Bendigo $421.00 $280.00 Geelong $304.00 $192.00 Hamilton $580.00 $387.00 Horsham $580.00 $387.00 Mildura $709.00 $470.00 Morwell $427.00 $280.00 Sale $503.00 $333.00 r. 5 -- 24 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 24 Circuit town Fee for first day Further fee for each day thereafter Shepparton $486.00 $327.00 Wangaratta $533.00 $352.00 Warrnambool $559.00 $372.00 Wodonga $580.00 $387.00 Note Any circuit fee allowed under item 42(h) of Appendix A shall be in accordance with this Schedule, provided that not more than one such further circuit fee will be allowed in any one day in relation to any one proceeding or matter. __________________". Dated: 13 December 2013 M. ROZENES, Chief Judge P. G. MISSO M. G. McINERNEY K. L. BOURKE M. B. HARBISON J. M. J. PATRICK C. D. DOUGLAS P. M. E. WISCHUSEN G. R. ANDERSON P. G. LACAVA J. A. NICHOLSON F. R. GUCCIARDO J. A. SMALLWOOD P. M. TAFT S. M. COHEN F. SACCARDO M. E. SEXTON M. A. GAMBLE F. E. HOGAN G. P. MULLALY E. M. GAYNOR K. E. KINGS J. A. CAMPTON J. D. MONTGOMERY W. A. WILMOTH J. L. PARRISH F. MILLANE M. H. TINNEY S. S. DAVIS G. T. CANNON F. P. HAMPEL R. J. H. MAIDMENT r. 12 -- 25 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 25 J. G. MORRISH R. H. SMITH P. D. GRANT M. F. MACNAMARA S. E. PULLEN W. E. STUART A. J. HOWARD D. G. BROOKES L. A. HANNAN J. A. JORDAN M. D. MURPHY C. J. RYAN M. E. KENNEDY P. J. COSGRAVE C. M. O'NEILL G. F. MEREDITH D. L. ALLEN R. W. DYER ═══════════════ r. 12 -- 26 of 27 -- S.R. No. 167/2013 County Court (Chapter I Scale of Costs Amendment) Rules 2013 Authorised by the Chief Parliamentary Counsel 26 ENDNOTES 1 Rule 4: S.R. No. 148/2008. Reprint No. 1 as at 7 November 2012. Reprinted to S.R. No. 104/2012. Subsequently amended by S.R. Nos 85/2012, 166/2012, 167/2012, 36/2013, 69/2013, 122/2013 and 136/2013. Endnotes -- 27 of 27 --