County Court (Chapter 1 Amendment No.22) Rules 2007
County Court (Chapter I Amendment No. 22) Rules
2007
S.R. No. 127/2007
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
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ENDNOTES 37
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STATUTORY RULES 2007
S.R. No. 127/2007
County Court Act 1958
County Court (Chapter I Amendment No. 22) Rules
2007
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 Rules
of Procedure in Civil Proceedings Rules 1999.
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
2008.
4 Appendix A substituted
For Appendix A to the County Court Rules of
Procedure in Civil Proceedings Rules 19991
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.
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The Judge, Registrar or other taxing officer shall have full discretion to allow
any fee, cost or disbursement in full, or in part.
In appropriate cases should the Judge, Registrar or other taxing officer
consider the fee, cost or disbursement provided by the scale to be inadequate
to compensate for the work actually done, the Judge, Registrar or other taxing
officer 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 $406.00 $529.00 $581.00 $642.00
If Statement of Claim
exceeds 10 folios for
each additional folio
such additional fees
pursuant to item 26 as
appropriate
Consent of litigation
guardian including,
preparation of
memorandum copies
and obtaining
signature of litigation
guardian $120.00 $158.00 $161.00 $173.00
2. Instructions to defend,
including perusal of
statement of claim, and
filing of appearance $299.00 $192.00 $258.00 $268.00
2
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
$471.00
3. Instructions to institute
or defend any original
proceeding or to
appeal or oppose an
appeal where not
elsewhere provided for $310.00 $388.00 $428.00
$82.00
4. Instructions to institute
or oppose any
interlocutory
proceeding, or
instructions for special
affidavit where not
elsewhere provided for $54.00 $82.00 $82.00
Issues and Particulars
$342.00
5. (a) Counterclaim or
third party notice
including
preparation of
brief to and
attendance on
counsel, copies,
filing and service $217.00 $287.00 $310.00
If counterclaim or
third party notice
exceeds 10 folios
for each additional
folio, such
additional fees
pursuant to
item 26 as
appropriate
(b) Perusal of
counterclaim or
third party notice
and making copies $54.00 $38.00 $54.00 $54.00
3
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Defence
$217.00
6. (a) Any necessary
further pleading,
notice claiming
contribution or
indemnity,
including
preparation of
brief to and
attendance on
counsel, copies,
filing and service $129.00 $179.00 $192.00
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 26 as
appropriate
$54.00
(b) Perusal of
Defence, any
necessary further
pleading, notice
claiming
contribution or
indemnity and
making copies $38.00 $54.00 $54.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
$256.00
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 $178.00 $217.00 $228.00
Discovery
8. (a) Notice for
discovery
including copies,
filing, service,
perusal of affidavit
of documents, and
making copies
thereof $96.00 $129.00 $159.00 $173.00
$428.00
(b) Affidavit of
documents
including
instructions for
affidavit, copies,
swearing, filing
and service $268.00 $344.00 $388.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
If affidavit
exceeds 10 folios
for each additional
folio such
additional fees
pursuant to
item 26 as
appropriate
provided that the
Judge, Registrar or
other taxing
officer 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 $268.00 $344.00 $388.00 $428.00
6
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(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 $542.00 $697.00 $772.00 $853.00
Setting Down
10. (a) Certificate of
readiness
including letter
requesting
certification,
setting down and
service of sealed
copy $96.00 $129.00 $159.00 $173.00
(b) Perusal of
certificate of
readiness,
certification and
letter returning
certificate $43.00 $72.00 $83.00 $87.00
11. (a) Notice of Trial,
copies, service and
filing $54.00 $82.00 $82.00 $82.00
(b) Affidavit in
support of setting
down, swearing
and filing $126.00 $82.00 $96.00 $120.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
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 $96.00 $129.00 $159.00 $173.00
(b) Admissions
(including
perusal of
notice to admit
and making
copies thereof),
preparation of
brief to and
attendance on
counsel, copies,
filing and
service $192.00 $255.00 $268.00 $299.00
$120.00
13. Notice of payment
into Court, offer of
compromise, or
notice of acceptance
including copies,
filing and service $82.00 $120.00 $120.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
$120.00
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 $82.00 $120.00 $120.00
Preparation and Trial
15. Callover—
Solicitor's attendance $82.00 $96.00 $120.00 $120.00
Clerk's attendance $53.00 $82.00 $82.00 $82.00
Subpoena
16. (a) Including filing,
copy for service
attending to
service $53.00 $82.00 $82.00 $82.00
(b) Each additional
copy for service $3.30 $3.30 $3.30 $3.30
Expert Witnesses
17. (a) Arranging
examination or
inspection by an
expert witness and
notifying party $52.00 $82.00 $82.00 $82.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
$38.00
(b) Notifying party of
examination or
inspection
arranged by
opposite party $14.00 $38.00 $38.00
Advice of Counsel
18. Including brief,
attendance on counsel,
perusal and advice $217.00 $129.00 $178.00 $192.00
Conference with Counsel
19. Appointing and
attending—
(a) Solicitor's
attendance—
per hour $217.00 $129.00 $178.00 $192.00
(b) Clerk's
attendance—
per hour $120.00 $82.00 $96.00 $120.00
Brief to View
20. Including arranging
view, attendance on
counsel and
attendance at view $217.00 $129.00 $178.00 $192.00
If attendance on
view exceeds half an
hour for each
quarter hour
thereafter $14.00 $38.00 $38.00 $38.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Mediation and Case Conference
20A. Counsel or solicitor
appearing at
mediation or case
conference—
$1034.00
(a) Half day (3
hours or part
thereof) $582.00 $850.00 $978.00
(b) Hourly rate
beyond half-day $249.00 $150.00 $189.00 $212.00
(c) Daily maximum
or if case settles
within the day $1829.00 $1059.00 $1571.00 $1742.00
Solicitor appearing
to instruct at
mediation or case
conference—
(d) Half day (3
hours or part
thereof) $269.00 $344.00 $388.00 $428.00
(e) Hourly rate
beyond half-day $210.00 $127.00 $157.00 $180.00
(f) Daily maximum $644.00 $839.00 $934.00 $1039.00
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
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(ii) Despite
anything to the
contrary in
item 29, the
Registrar 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
in accordance
with the First
Schedule if in
his or her
opinion, having
regard to all the
circumstances,
the fees in
item 20A are
insufficient
Directions hearing
20B. Counsel or solicitor
appearing at directions
hearing $161.00 $268.00 $268.00 $268.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
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;
(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
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(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 $2127.00 $4256.00 $6069.00 $8675.00
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
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
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 Taxing Master 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
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
of proceedings and in
obtaining instructions
for brief or briefnotes
then the Judge,
Registrar or Taxing
Master 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
22. Including attendance
on counsel $120.00 $82.00 $96.00 $120.00
Attending court
$428.00
23. (a) (i) Solicitor or
managing
clerk with
counsel—per
half day $268.00 $344.00 $388.00
(ii) Clerk with
counsel—per
half day $316.00 $205.00 $258.00 $287.00
$1270.00
(iii) Solicitor
without
counsel—per
day $808.00 $1040.00 $1146.00
(iv) If proceeding
in list for
hearing but
not reached $173.00 $96.00 $129.00 $159.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(v) Additional
Solicitor or
managing
clerk (if
certified
by trial
Judge)—
discretionary
fee
(b) Pre-Trial
Conference—
$428.00
(i) solicitor or
managing
clerk with
counsel $268.00 $344.00 $388.00
(ii) solicitor
without
counsel $640.00 $406.00 $524.00 $580.00
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,
attendance on
counsel and
attendance to hear
judgment $129.00 $178.00 $192.00 $217.00
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County Court (Chapter I Amendment No. 22) Rules 2007
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(b) Brief (or brief
notes for solicitor)
for any unopposed
application or
adjournment
(where not
otherwise
provided for)
including
attendance to
apply $129.00 $178.00 $192.00 $217.00
Costs of the Day
25. Including—
$515.00
(a) Practitioner for
attending Court
where no counsel
employed $330.00 $428.00 $470.00
(b) Attending with
counsel—
$256.00 (i) Clerk $159.00 $217.00 $228.00
(ii) Practitioner or
managing clerk $381.00 $231.00 $309.00 $344.00
(c) Counsel's fees $590.00 $886.00 $990.00 $1089.00
Note: These allowances shall be in
addition to other items thrown away
Documents
26. (a) Drawing any
necessary
documents where
not otherwise
provided for—per
folio $10.00 $10.00 $10.00 $10.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(b) Engrossing or
typing any
necessary
document where
not otherwise
provided for—per
folio $8.30 $8.30 $8.30 $8.30
(c) Copies—any
necessary carbon,
photo or machine
made copy—
where not
otherwise
provided for—per
page $2.10 $2.10 $2.10 $2.10
$4.10
(d) Perusals of any
necessary letter,
document or part
of a document
(not otherwise
provided for)—
per folio $4.10 $4.10 $4.10
$3.20
(e) Examination or
scanning any
document which it
is not necessary to
peruse (not
otherwise
provided for)—
per page $3.20 $3.20 $3.20
$120.00
(f) Applications
including copies,
issuing and filing $96.00 $120.00 $120.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
$38.00
(g) Affidavit of
service including
swearing, copies
and filing $38.00 $38.00 $38.00
$428.00
(h) Any necessary
affidavit (not
otherwise
provided for)
including
preparation,
copies, swearing,
filing and service $268.00 $344.00 $388.00
$11.00
(i) Fax or e-mail
transmission or
receipt if urgent or
necessary in the
discretion of the
Registrar, 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
Letters
27. (a) Any necessary
letter (including
agency letters) $38.00 $25.00 $32.00 $36.00
(b) For each circular
letter after the first $11.00 $11.00 $11.00 $11.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Attendances
28. 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 $34.00 $18.00 $30.00 $32.00
$45.00
(b) Which requires the
personal attention
of the solicitor or
managing clerk
and involves the
exercise of skill or
legal
knowledge—per
quarter hour $36.00 $38.00 $38.00
(c) Service by post $18.00 $38.00 $38.00 $38.00
(d) Personal service $60.00 $60.00 $60.00 $60.00
Service of any
document where
necessary, and not
able to be served
by post.
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Where it is judged
appropriate, the
Registrar 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 $36.00 $36.00 $36.00 $36.00
(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 $27.00 $27.00 $27.00 $27.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Fees to Counsel
29. (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. $153.00 $189.00 $212.00 $249.00
(b) (i) To advise on
evidence or for
opinion $153.00 $230.00 $249.00 $280.00
(ii) Advice on
Pre-Trial
Conference $230.00 $342.00 $371.00 $421.00
(c) Conference on
view—per hour $249.00 $153.00 $189.00 $212.00
(d) Pre-Trial
Conference with
Registrar $431.00 $560.00 $623.00 $686.00
$409.00
(e) Brief to hear
Judgment or for
any application in
a proceeding $327.00 $372.00 $409.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(f) Brief on Trial—
(i) Property,
Personal
Injuries $1058.00 $1571.00 $1742.00 $1829.00
(ii) Commercial
Causes $1829.00
(g) Refresher fee—
(i) Property,
Personal
Injuries $705.00 $1039.00 $1156.00 $1218.00
(ii) Commercial
Causes $1218.00
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 the
First Schedule
of this scale, if,
in his or her
opinion
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(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.
(ii) In any case
where a
refresher is
certified for, a
further circuit
fee may be
allowed in
accordance
with the First
Schedule in
this scale.
(iii) Where in any
such case the
Judge certifies
for two
counsel, all
reasonable and
necessary
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
attendances
and copies
additional to
those which
would have
been necessary
had only one
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 20A, 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
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(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 20A.
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
(B) where no
trial has
commen-
ced, the
Registrar
or other
taxing
officer may
allow such
higher fee
for counsel
and may
allow fees
for more
than one
counsel
as the
Registrar
or other
taxing
officer
thinks fit.
(vi) Undefended
proceedings
(see item 38)
Practice Court
30. Application for order
for substituted service
(not including fees of
advertising) $470.00 $558.00 $618.00 $681.00
31. Application for Leave
to Proceed $277.00 $178.00 $217.00 $253.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Interpleader
32. (a) Bailiff—
solicitor or
counsel
appearing $686.00 $791.00 $857.00 $939.00
b) Claimant—
solicitor with
or without
counsel
appearing $574.00 $672.00 $726.00 $786.00
(c) Creditor—
solicitor with
or without
counsel
appearing $574.00 $672.00 $726.00 $786.00
Other Applications in Proceedings
33. (a) Applicants
costs—solicitor
with or without
counsel
appearing $626.00 $740.00 $798.00 $861.00
(b) Respondents
costs—solicitor
with or without
counsel
appearing $574.00 $686.00 $740.00 $804.00
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A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Summons to Debtor
34. (a) Judgment Creditor
on hearing—
solicitor with or
without counsel
appearing $626.00 $740.00 $798.00 $861.00
(b) costs of
adjournment—
solicitor with or
without counsel
appearing $455.00 $531.00 $574.00 $616.00
The costs in
items 30 to 34 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
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
Miscellaneous
35. Registration of
interstate Judgment $120.00 $82.00 $120.00 $120.00
36. Warrant of execution $82.00 $120.00 $120.00 $120.00
$671.00
37. 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 $428.00 $548.00 $610.00
Undefended proceedings
38. 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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County Court (Chapter I Amendment No. 22) Rules 2007
A B C D
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
and attending pre-trial
conference,
attendance at Court
and fees to counsel for
both trial and
conference $2748.00 $3744.00 $4133.00 $4541.00
For the purpose of this
item the fees payable
to counsel which are
included in the above
amounts are:
A B C D
$635.00 $1158.00 $1316.00 $1396.00
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
Over
$50 000
Over
$20 000
up to and
including
$50 000
Over
$7500
up to and
including
$20 000
Up to and
including
$7500
39. In addition to the
allowance of any
disbursement
hereinbefore provided,
the Registrar or other
taxing officer 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,
$152.00–$302.00 per hour or part thereof, not exceeding $1886.00 per day.
Persons not referred to in the preceding paragraph who are engaged in
business as principals on their own behalf—$315.00 per half day or part
thereof but not in any event to exceed $565.00 in any one day.
Other witnesses—$94.00 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 $565.00 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.
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 $64.00, or for
each hour $44.00 but not in any event to exceed $272.00 in any one day.
(b) Attending court where the period of absence from the place of business
or residence is four hours or less, $157.00, and for each hour or part
thereof in excess of four hours, $44.00, but not in any event to exceed
$272.00 in any one day.
Travelling Accommodation and Meals
A reasonable sum to be fixed by the Registrar.
__________________
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SCHEDULE
CIRCUIT FEES
Circuit Town Fee for first six hours
Further fee for each
five hours thereafter
Bairnsdale $420.00 $280.00
Ballarat $268.00 $181.00
Bendigo $318.00 $211.00
Geelong $228.00 $146.00
Hamilton $437.00 $292.00
Horsham $437.00 $292.00
Mildura $535.00 $354.00
Morwell $322.00 $211.00
Sale $380.00 $250.00
Shepparton $366.00 $246.00
Wangaratta $401.00 $265.00
Warrnambool $420.00 $280.00
Wodonga $437.00 $292.00
Note: Any circuit fee allowed under item 29(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: 22 November 2007
M. ROZENES, Chief Judge T. G. WODAK
J. T. DUGGAN F. J. SHELTON
M. D. HIGGINS W. R. WHITE
J. H. BARNETT T. M. HOLT
D. E. MORROW T. D. WOOD
M. G. McINERNEY I. C. ROBERTSON
M. A. RIZKALLA G. R. ANDERSON
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P. D. JENKINS F. P. HAMPEL
J. R. BOWMAN A. J. HOWARD
J. A. NICHOLSON L. A. HANNAN
J. A. SMALLWOOD M. D. MURPHY
M. E. SEXTON M. E. KENNEDY
I. E. LAWSON C. M. O'NEILL
G. GULLACI D. L. ALLEN
K. R. HOWIE I. J. K. ROSS
W. A. WILMOTH F. G. DYETT
G. T. CHETTLE A. P. DUCKETT
S. S. DAVIS
═══════════════
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Endnotes
ENDNOTES
1 Rule 4: S.R. No. 20/1999. Reprint No. 3 incorporating amendments as at
25 January 2006. Subsequently amended by S.R. Nos 167/2006,
168/2006 and 120/2007.
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