County Court (Chapter I Amendment No. 1) Rules 2009
i
County Court (Chapter I Amendment No. 1) Rules
2009
S.R. No. 184/2009
TABLE OF PROVISIONS
Rule Page
1 Object 1
2 Authorising provisions 1
3 Commencement 1
4 Appendix A substituted 1
APPENDIX A—Scale of Costs 1
5 Circuit Fees—Schedule 1 substituted 34
SCHEDULE 1—Circuit Fees 34
═══════════════
ENDNOTES 37
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1
STATUTORY RULES 2009
S.R. No. 184/2009
County Court Act 1958
County Court (Chapter I Amendment No. 1) Rules
2009
A majority of the Judges of the County Court makes the
following Rules:
1 Object
The object of these Rules is to substitute an
increased scale of costs to the County Court Civil
Procedure Rules 2008.
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
2010.
4 Appendix A substituted
For Appendix A to the County Court Civil
Procedure Rules 2008 1 substitute—
"APPENDIX A
SCALE OF COSTS
Scale of fees and costs to be paid to Counsel and Practitioners between party
and party and between Practitioner and Client.
The Judge, Registrar or Costs Court shall have full discretion to allow any
fee, cost or disbursement in full, or in part.
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2
In appropriate cases should the Judge, Registrar or Costs Court consider the
fee, cost or disbursement provided by the scale to be inadequate to
compensate for the work actually done, the Judge, Registrar or Costs Court
may allow an appropriate fee which in the circumstances is considered to be
fair and reasonable.
A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Institution of Proceedings
1. Instructions to sue
including letter before
action, preparation of
brief to and attendance
on counsel,
preparation of
originating process,
statement of claim,
notice of defence and
copies, filing,
attending to service,
and affidavit of service $436.00 $568.00 $624.00 $690.00
If Statement of Claim
exceeds 10 folios for
each additional folio
such additional fees
pursuant to item 28 as
appropriate
Consent of litigation
guardian including,
preparation of
memorandum copies
and obtaining
signature of litigation
guardian $129.00 $169.00 $173.00 $186.00
2. Instructions to defend,
including perusal of
statement of claim, and
filing of appearance $207.00 $277.00 $288.00 $321.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
3. Instructions to institute
or defend any original
proceeding or to
appeal or oppose an
appeal where not
elsewhere provided for $333.00 $417.00 $460.00 $506.00
4. Instructions to institute
or oppose any
interlocutory
proceeding, or
instructions for special
affidavit where not
elsewhere provided for $58.00 $88.00 $88.00 $88.00
Issues and Particulars
5. (a) Counterclaim or
third party notice
including
preparation of
brief to and
attendance on
counsel, copies,
filing and service
If counterclaim or
third party notice
exceeds 10 folios
for each additional
folio, such
additional fees
pursuant to
item 28 as
appropriate
(b) Perusal of
counterclaim or
third party notice
and making copies
$234.00
$41.00
$309.00
$58.00
$333.00
$58.00
$368.00
$58.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Defence
6. (a) Any necessary
further pleading,
notice claiming
contribution or
indemnity,
including
preparation of
brief to and
attendance on
counsel, copies,
filing and service
If defence, any
necessary further
pleading or any
Notice claiming
contribution or
indemnity exceeds
8 folios, for each
additional folio
such additional
fees pursuant to
item 28 as
appropriate
(b) Perusal of
Defence, any
necessary further
pleading, notice
claiming
contribution or
indemnity and
making copies
$138.00
$41.00
$192.00
$58.00
$207.00
$58.00
$234.00
$58.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
7. Request for further
particulars including
special damages or
preparation of further
particulars or special
damages including
preparation of brief to
and attendance on
counsel, copies, filing,
service, perusal of
further particulars, or
special damages, or
request, and making
copies thereof $191.00 $234.00 $245.00 $275.00
Discovery
8. (a) Notice for
discovery
including copies,
filing, service,
perusal of affidavit
of documents, and
making copies
thereof $103.00 $138.00 $170.00 $186.00
(b) Affidavit of
documents
including
instructions for
affidavit, copies,
swearing, filing
and service $288.00 $370.00 $417.00 $460.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
If affidavit
exceeds 10 folios
for each additional
folio such
additional fees
pursuant to
item 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
Interrogatories
9. (a) Interrogatories for
examination of
one party
including
instructions for
interrogatories,
preparation of
brief to and
attendance on
counsel, copies,
filing, service,
perusal of answers
to interrogatories
and making copies
thereof $288.00 $370.00 $417.00 $460.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(b) Answers to
interrogatories of
one party
including perusal
of interrogatories,
instructions for
answers,
preparation of
brief to and
attendance on
counsel, swearing,
copies, filing and
service $583.00 $749.00 $830.00 $916.00
Setting Down
10. (a) Certificate of
readiness
including letter
requesting
certification,
setting down and
service of sealed
copy $103.00 $138.00 $170.00 $186.00
(b) Perusal of
certificate of
readiness,
certification and
letter returning
certificate $46.00 $77.00 $89.00 $94.00
11. (a) Notice of Trial,
copies, service and
filing $58.00 $88.00 $88.00 $88.00
(b) Affidavit in
support of setting
down, swearing
and filing $88.00 $103.00 $129.00 $135.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Notices
12. (a) Notice to Admit
including
preparing of brief
to and attendance
on counsel, copies,
filing, service,
perusal of
admissions and
making copies
thereof $103.00 $138.00 $170.00 $186.00
(b) Admissions
(including perusal
of notice to admit
and making copies
thereof),
preparation of
brief to and
attendance on
counsel, copies,
filing and service $207.00 $274.00 $288.00 $321.00
13. Notice of payment into
Court, offer of
compromise, or notice
of acceptance
including copies, filing
and service $88.00 $129.00 $129.00 $129.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
14. Any necessary notice
(including notices
before proceeding,
notice to Transport
Accident Commission,
Incorporated Nominal
Defendant and any
other statutory notice
when required),
memorandum or
undertaking including
copies, filing or
service, where not
elsewhere provided for $88.00 $129.00 $129.00 $129.00
Preparation and Trial
15. Callover—
Solicitor's attendance $88.00 $103.00 $129.00 $129.00
Clerk's attendance $57.00 $88.00 $88.00 $88.00
Subpoena
16. (a) Including filing,
copy for service,
attending to
service $57.00 $88.00 $88.00 $88.00
(b) Each additional
copy for service $3.50 $3.50 $3.50 $3.50
Expert Witnesses
17. (a) Arranging
examination or
inspection by an
expert witness and
notifying party $56.00 $88.00 $88.00 $88.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(b) Notifying party of
examination or
inspection
arranged by
opposite party $15.00 $41.00 $41.00 $41.00
Advice of Counsel
18. Including brief,
attendance on counsel,
perusal and advice $138.00 $191.00 $207.00 $234.00
Conference with Counsel
19. Appointing and
attending—
(a) Solicitor's
attendance—
per hour $138.00 $191.00 $207.00 $234.00
(b) Clerk's
attendance—
per hour $88.00 $103.00 $129.00 $129.00
Brief to View
20. Including arranging
view, attendance on
counsel and
attendance at view $138.00 $191.00 $207.00 $234.00
If attendance on
view exceeds half an
hour for each
quarter hour
thereafter $15.00 $41.00 $41.00 $41.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Mediation and Case Conference
21. Counsel or solicitor
appearing at
mediation or case
conference—
(a) Half day
(3 hours or part
thereof) $643.00 $940.00 $1081.00 $1143.00
(b) Hourly rate
beyond half-day $166.00 $209.00 $234.00 $275.00
(c) Daily maximum
or if case settles
within the day $1170.00 $1737.00 $1926.00 $2022.00
Solicitor appearing
to instruct at
mediation or case
conference—
(d) Half day
(3 hours or part
thereof) $289.00 $370.00 $417.00 $460.00
(e) Hourly rate
beyond half-day $136.00 $168.00 $193.00 $225.00
(f) Daily maximum $692.00 $902.00 $1004.00 $1117.00
Notes
(i) Sub-items (a),
(b) and (c)
are all
inclusive and
include
preparation,
conference
and
appearance
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(ii) Despite
anything to the
contrary in
item 31, the
Registrar or
Costs Court
may allow a
higher fee for
counsel or
solicitor
appearing at
mediation or
case conference
(iii) In circuit cases
a circuit fee
may be allowed
by the Registrar
or the Costs
Court in
accordance with
Schedule 1 if in
the Registrar's
or the Costs
Court's opinion,
having regard to
all the
circumstances,
the fees in this
item are
insufficient
Directions hearing
22. Counsel or solicitor
appearing at directions
hearing $178.00 $296.00 $296.00 $296.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Instructions for Brief
23. 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;
(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;
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(g) inspecting any
property or place
material to the
proceeding;
(h) perusing relevant
documents;
(i) the general care
and conduct of the
proceeding—not
exceeding $2286.00 $4575.00 $6524.00 $9325.00
Notes
A. This item should begin
with a short statement
of—
(i) the main issues;
(ii) any particular
difficulties of fact
or law;
(iii) any special skill,
knowledge or
responsibility
required
B. 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.
Under a heading,
for example,
"Attendances on and
correspondence with
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
client" there should be
included 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 or attendances,
the practitioner
lodging the bill for
taxation must remove
from his or her file the
attendance notes and
copy letters claimed,
and be in a position to
produce same in
chronological order at
the taxation.
If a Judge or Registrar
in respect of a party-
party bill of costs or
the Costs Court on the
taxation of a solicitor-
client bill of costs
considers that the
maximum amount
provided for in this
item is not sufficient
remuneration for the
care and conduct
including skill and
responsibility involved
throughout the course
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
of proceedings and in
obtaining instructions
for brief or briefnotes
then the Judge,
Registrar or Costs
Court may allow such
amount in excess of
the scale or give such
directions that in all
the circumstances are
fair and reasonable
Brief to counsel to appear
24. Including attendance
on counsel $88.00 $103.00 $129.00 $129.00
Attending court
25. (a) (i) Solicitor or
managing
clerk with
counsel—per
half day $288.00 $370.00 $417.00 $460.00
(ii) Clerk with
counsel—per
half day $220.00 $277.00 $309.00 $340.00
(iii) Solicitor
without
counsel—per
day $869.00 $1118.00 $1232.00 $1365.00
(iv) If proceeding
in list for
hearing but
not reached $103.00 $138.00 $170.00 $186.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(v) Additional
Solicitor or
managing
clerk (if
certified
by trial
Judge)—
discretionary
fee
(b) Pre-Trial
Conference—
(i) solicitor or
managing
clerk with
counsel $288.00 $370.00 $417.00 $460.00
(ii) solicitor
without
counsel $436.00 $563.00 $623.00 $688.00
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
26. (a) Including
receiving advice
of date fixed,
attendance on
counsel and
attendance to hear
judgment $138.00 $191.00 $207.00 $234.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(b) Brief (or brief
notes for solicitor)
for any unopposed
application or
adjournment
(where not
otherwise
provided for)
including
attendance to
apply $138.00 $191.00 $207.00 $234.00
Costs of the Day
27. Including—
(a) Practitioner for
attending Court
where no counsel
employed $354.00 $460.00 $505.00 $554.00
(b) Attending with
counsel—
(i) Clerk $170.00 $234.00 $245.00 $275.00
(ii) Practitioner or
managing clerk $248.00 $332.00 $370.00 $409.00
(c) Counsel's fees $653.00 $979.00 $1095.00 $1204.00
Note: These allowances shall be in
addition to other items thrown away
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Documents
28. (a) Drawing any
necessary
documents where
not otherwise
provided for—per
folio $10.30 $10.30 $10.30 $10.30
(b) Engrossing or
typing any
necessary
document where
not otherwise
provided for—per
folio $8.90 $8.90 $8.90 $8.90
(c) Copies—any
necessary carbon,
photo or machine
made copy—
where not
otherwise
provided for—per
page $2.30 $2.30 $2.30 $2.30
(d) Perusals of any
necessary letter,
document or part
of a document
(not otherwise
provided for)—
per folio $4.40 $4.40 $4.40 $4.40
(e) Examination or
scanning any
document which it
is not necessary to
peruse (not
otherwise
provided for)—
per page $3.40 $3.40 $3.40 $3.40
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(f) Applications
including copies,
issuing and filing $103.00 $129.00 $129.00 $129.00
(g) Affidavit of
service including
swearing, copies
and filing $41.00 $41.00 $41.00 $41.00
(h) Any necessary
affidavit (not
otherwise
provided for)
including
preparation,
copies, swearing,
filing and service $288.00 $370.00 $417.00 $460.00
(i) Fax or e-mail
transmission or
receipt if urgent or
necessary in the
discretion of the
Registrar or the
Costs Court, or
electronic filing in
accordance with
Part 2 of Order 28,
if filing is not
elsewhere
provided for in
this scale
$11.00 $11.00 $11.00 $11.00
Letters
29. (a) Any necessary
letter (including
agency letters) $27.00 $34.00 $38.00 $41.00
(b) For each circular
letter after the first $11.00 $11.00 $11.00 $11.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Attendances
30. Any necessary
attendance not
otherwise provided for
(including attendance
on witness to arrange
appearance without
subpoena, or to cancel
such appearance)—
(a) Which is capable
of being made by
a clerk—per
quarter hour $20.00 $32.00 $34.00 $36.00
(b) Which requires
the personal
attention of the
solicitor or
managing clerk
and involves the
exercise of skill
or legal
knowledge—per
quarter hour $38.00 $41.00 $41.00 $49.00
(c) Service by post $20.00 $41.00 $41.00 $41.00
(d) Personal service $64.00 $64.00 $64.00 $64.00
Service of any
document where
necessary, and not
able to be served
by post
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Where it is judged
appropriate, the
Registrar or Costs
Court may allow
additional proper
costs having
regard to the time
taken, the distance
travelled and any
other necessary
expense incurred
(e) Attempted service
Where more than
one attendance is
necessary to effect
service, or to
ground an
application for
substituted
service, for each
necessary
attendance $38.00 $38.00 $38.00 $38.00
(f) 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 $29.00 $29.00 $29.00 $29.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Fees to Counsel
31. (Note: No fee to
counsel is to be
allowed unless
vouched by the
signature of counsel or
his or her clerk)—
(a) For drawing
pleadings or
settling any
necessary
document
including
Statement of
Claim, Defence,
Interrogatories,
etc $169.00 $209.00 $234.00 $275.00
(b) (i) To advise on
evidence or for
opinion $169.00 $255.00 $275.00 $310.00
(ii) Advice on
Pre-Trial
Conference $255.00 $378.00 $411.00 $466.00
(c) Conference on
view—per hour $169.00 $209.00 $234.00 $275.00
(d) Pre-Trial
Conference with
Registrar $476.00 $620.00 $689.00 $759.00
(e) Brief to hear
Judgment or for
any application in
a proceeding $362.00 $412.00 $452.00 $452.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(f) Brief on Trial—
(i) Property,
Personal
Injuries $1169.00 $1737.00 $1926.00 $2022.00
(ii) Commercial
Causes $2022.00
(g) Refresher fee—
(i) Property,
Personal
Injuries $780.00 $1149.00 $1279.00 $1346.00
(ii) Commercial
Causes $1346.00
Any allowance for a
refresher fee is to be
calculated in the
manner set out in
Rule 63A.82(3)
(h) (i) 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
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
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
(ii) In any case
where a
refresher is
certified for, a
further circuit
fee may be
allowed in
accordance
with
Schedule 1
(iii) Where in any
such case the
Judge certifies
for two
counsel, all
reasonable and
necessary
attendances
and copies
additional to
those which
would have
been necessary
had only one
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
counsel been
employed shall
be allowed
(iv) In any
proceeding or
matter
notwith-
standing
anything
contained in
the rules or in
the scale of
costs, apart
from item 21,
the trial Judge
ONLY may on
application
allow such
higher fee for
counsel
(including
more than one
counsel) as he
or she thinks
fit
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(v) Despite
anything
contained in
these Rules—
(A) where a
trial has
commenced,
the Judge
ONLY may
allow such
higher fee
for counsel
for the trial
and may
allow fees
for more
than one
counsel as
the Judge
thinks fit,
save that
this sub-
item does
not apply
to the
allowances
set out in
item 21
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
(B) where no
trial has
commen-
ced, the
Registrar
or Costs
Court may
allow such
higher fee
for counsel
and may
allow fees
for more
than one
counsel
as the
Registrar
or Costs
Court
thinks fit
(vi) Undefended
proceedings
(see item 40)
Practice Court
32. Application for order
for substituted service
(not including fees of
advertising) $505.00 $599.00 $664.00 $732.00
33. Application for Leave
to Proceed $191.00 $234.00 $272.00 $298.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Interpleader
34. (a) Bailiff—
solicitor or
counsel
appearing $759.00 $874.00 $947.00 $1038.00
(b) Claimant—
solicitor with
or without
counsel
appearing $617.00 $722.00 $780.00 $845.00
(c) Creditor—
solicitor with
or without
counsel
appearing $617.00 $722.00 $780.00 $845.00
Other Applications in Proceedings
35. (a) Applicants
costs—solicitor
with or without
counsel
appearing $673.00 $796.00 $858.00 $926.00
(b) Respondents
costs—solicitor
with or without
counsel
appearing $617.00 $738.00 $796.00 $864.00
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Summons to Debtor
36. (a) Judgment Creditor
on hearing—
solicitor with or
without counsel
appearing $673.00 $796.00 $858.00 $926.00
(b) costs of
adjournment—
solicitor with or
without counsel
appearing $489.00 $570.00 $617.00 $662.00
The costs in
items 32 to 36 are
inclusive of
counsel's fees,
where applicable,
and disbursements
but 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
Court. Such costs
include the
summons,
affidavit in
support, one
affidavit of
service,
preparation,
signing, service
and filing of the
order where
appropriate
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
Miscellaneous
37. Registration of
interstate Judgment $88.00 $129.00 $129.00 $129.00
38. Warrant of execution $88.00 $129.00 $129.00 $129.00
39. 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 $460.00 $589.00 $656.00 $721.00
Undefended proceedings
40. Upon judgment in any
proceeding where the
defendant has not
participated
throughout the
course of the
proceeding, including
originating process,
statement of claim,
issue and service fees,
setting down, fixing
proceeding for trial,
arranging attendance
of witnesses at court,
witnesses expenses,
instructions for and
preparing of brief,
attending counsel
therewith, appointing
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
and attending pre-trial
conference,
attendance at Court
and fees to counsel
for both trial and
conference $2955.00 $4026.00 $4445.00 $4883.00
For the purpose of
this item the fees
payable to counsel
which are included in
the above amounts
are:
A B C D
$702.00 $1281.00 $1455.00 $1544.00
Should any unusual
or abnormally large
disbursement have
necessarily been
made in addition to
those mentioned
above, the Judge may
on application made
to him or her at the
trial allow an
appropriate additional
amount
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A B C D
Up to and
including
$7500
Over
$7500
up to and
including
$20 000
Over
$20 000
up to and
including
$50 000
Over
$50 000
41. In addition to the
allowance of any
disbursement
hereinbefore provided,
the Registrar or the
Costs Court may
allow any
disbursements
necessarily or
properly made in the
course of the
proceeding.
Rating Appeals
1. As to all items and charges under this heading, as far as practicable
Scale "A" shall apply where the annual value appealed against is up to
and including $1000 and Scale "B" where the annual value appealed
against is over $1000.
2. Whenever any rating appeal case is, in the opinion of the presiding
Judge, of such a special important nature that the fees above specified
would not be a fair and reasonable remuneration for the trouble, care,
skill and expense necessarily involved in the proper preparation and
conduct of such appeal case he or she may allow such lump sum, as in
his or her opinion, would amount to such fair and reasonable
remuneration.
Providing that nothing hereinstated with regard to costs of rating
appeals shall prevent the Judge from making such order as to costs of
fixing the same at such sum as he or she shall think fit.
Witnesses' Expenses
Witnesses giving evidence in an expert or professional capacity,
$161.00–$322.00 per hour or part thereof, not exceeding $2007.00 per day.
Persons not referred to in the preceding paragraph who are engaged in
business as principals on their own behalf—$335.00 per half day or part
thereof but not in any event to exceed $601.00 in any one day.
Other witnesses—$100.00 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 $601.00 per day.
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Travelling expenses, if witnesses residence or place of business is more than
seven 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 Registrar or 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.
Interpreter Allowances
(a) Attending professional, scientific or expert witnesses qualifying to give
evidence attending conference with solicitor or counsel $68.00, or for
each hour $47.00 but not in any event to exceed $290.00 in any one day.
(b) Attending court where the period of absence from the place of business
or residence is four hours or less, $167.00, and for each hour or part
thereof in excess of four hours, $47.00, but not in any event to exceed
$290.00 in any one day.
Travelling Accommodation and Meals
A reasonable sum to be fixed by the Registrar or the Costs Court.
__________________".
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
6 hours
Further fee for each
5 hours thereafter
Bairnsdale $465.00 $310.00
Ballarat $296.00 $201.00
Bendigo $351.00 $233.00
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Circuit Town
Fee for first
6 hours
Further fee for each
5 hours thereafter
Geelong $253.00 $161.00
Hamilton $483.00 $323.00
Horsham $483.00 $323.00
Mildura $591.00 $392.00
Morwell $356.00 $233.00
Sale $420.00 $277.00
Shepparton $404.00 $272.00
Wangaratta $443.00 $293.00
Warrnambool $465.00 $310.00
Wodonga $483.00 $323.00
Note Any circuit fee allowed under item 31(h)(i) 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: 17 December 2009
M. ROZENES, Chief Judge S. M. COHEN
M. G. McINERNEY M. E. SEXTON
M. A. RIZKALLA F. E. HOGAN
F. J. SHELTON I. E. LAWSON
T. M. HOLT G. GULLACI
T. D. WOOD K. R. HOWIE
P. D. JENKINS W. A. WILMOTH
J. R. BOWMAN G. T. CHETTLE
R. A. LEWITAN F. MILLANE
G. G. HICKS S. S. DAVIS
J. A. SMALLWOOD F. P. HAMPEL
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J. G. MORRISH P. G. LACAVA
J. P. LECKIE F. R. GUCCIARDO
D. A. PARSONS C. A. THORNTON
S. E. PULLEN P. M. TAFT
A. J. HOWARD F. SACCARDO
L. A. HANNAN M. A. GAMBLE
M. D. MURPHY H. MASON
M. E. KENNEDY G. P. MULLALY
C. M. O'NEILL T. J. GINNANE
D. L. ALLEN K. E. KINGS
K. L. BOURKE J. D. MONTGOMERY
P. M. E. WISCHUSEN J. L. PARRISH
═══════════════
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ENDNOTES
1 Rule 4: S.R. No. 148/2008.
Endnotes
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