County Court (Chapter I Amendment No. 12) Rules 2003
Victorian Legislation and Parliamentary Documents
i
County Court (Chapter I Amendment No. 12) Rules
2003
S.R. No. 138/2003
TABLE OF PROVISIONS
Rule Page
1. Object 1
2. Authorising provisions 1
3. Commencement 1
4. Principal Rules 1
5. Substitution of Appendix A 2
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ENDNOTES 34
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STATUTORY RULES 2003
S.R. No. 138/2003
County Court Act 1958
County Court (Chapter I Amendment No. 12) Rules
2003
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 Principal Rules.
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
2004.
4. Principal Rules
In these Rules, the County Court Rules of
Procedure in Civil Proceedings 19991 are called
the Principal Rules.
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5. Substitution of Appendix A
For Appendix A to the Principal Rules
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 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 357.00 466.00 511.00 564.00
If Statement of Claim
exceeds 10 folios for
each additional folio
such additional fees
pursuant to item 26 as
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
$ $ $ $
Consent of litigation
guardian including,
preparation of
memorandum copies
and obtaining signature
of litigation guardian 105.00 139.00 142.00 151.00
2. Instructions to defend,
including perusal of
statement of claim, and
filing of appearance 170.00 228.00 235.00 263.00
3. Instructions to institute
or defend any original
proceeding or to appeal
or oppose an appeal
where not elsewhere
provided for 273.00 341.00 377.00 415.00
4. Instructions to institute
or oppose any
interlocutory
proceeding, or
instructions for special
affidavit where not
elsewhere provided for 47.00 72.00 72.00 72.00
Issues and Particulars
5. (a) Counterclaim or
third party notice
including
preparation of brief
to and attendance
on counsel, copies,
filing and service 191.00 253.00 273.00 301.00
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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 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 34.00 47.00 47.00 47.00
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 114.00 157.00 170.00 191.00
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
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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) Perusal of
Defence, any
necessary further
pleading, notice
claiming
contribution or
indemnity and
making copies 34.00 47.00 47.00 47.00
7. Request for further
particulars including
special damages or
preparation of further
particulars or special
damages including
preparation of brief
attendance on counsel,
copies, filing, service,
perusal of further
particulars, or special
damages, or request,
and making copies
thereof 156.00 191.00 201.00 226.00
Discovery
8. (a) Notice for
discovery including
copies, filing,
service, perusal of
affidavit of
documents, and
making copies
thereof 84.00 114.00 140.00 151.00
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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) Affidavit of
documents
including
instructions for
affidavit, copies,
swearing, filing and
service 235.00 303.00 341.00 377.00
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 235.00 303.00 341.00 377.00
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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 477.00 613.00 679.00 751.00
Setting Down
10. (a) Certificate of
readiness including
letter requesting
certification, setting
down and service
of sealed copy 84.00 114.00 140.00 151.00
(b) Perusal of
certificate of
readiness,
certification and
letter returning
certificate 38.00 64.00 73.00 77.00
11. (a) Notice of Trial,
copies, service and
filing 47.00 72.00 72.00 72.00
(b) Affidavit in support
of setting down,
swearing and filing 72.00 84.00 105.00 111.00
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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 84.00 114.00 140.00 151.00
(b) Admissions
(including perusal
of notice to admit
and making copies
thereof),
preparation of brief
to and attendance
on counsel, copies,
filing and service 170.00 225.00 235.00 263.00
13. Notice of payment into
Court, offer of
Compromise, or notice
of acceptance including
copies, filing and
service 72.00 105.00 105.00 105.00
14. Any necessary notice
(including notices
before proceeding,
notice to Transport
Accident Commission,
Incorporated Nominal
Defendant and any
other statutory notice
when required),
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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
$ $ $ $
memorandum or
undertaking including
copies, filing or service,
where not elsewhere
provided for 72.00 105.00 105.00 105.00
Preparation and Trial
15. Callover—
Solicitor's attendance 72.00 84.00 105.00 105.00
Clerk's attendance 46.00 72.00 72.00 72.00
Subpoena
16. (a) Including filing,
copy for service
attending to service 46.00 72.00 72.00 70.00
(b) Each additional
copy for service 2.90 2.90 2.90 2.90
Expert Witnesses
17. (a) Arranging
examination or
inspection by an
expert witness and
notifying party 46.00 72.00 72.00 72.00
(b) Notifying party of
examination or
inspection arranged
by opposite party 13.00 34.00 34.00 34.00
Advice of Counsel
18. Including brief,
attendance on counsel,
perusal and advice 114.00 156.00 170.00 191.00
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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
$ $ $ $
Conference with Counsel
19. Appointing and
attending—
(a) Solicitor's
attendance—
per hour 114.00 156.00 170.00 191.00
(b) Clerk's
attendance—
per hour 72.00 84.00 105.00 105.00
Brief to View
20. Including arranging
view, attendance on
counsel and attendance
at view 114.00 156.00 170.00 191.00
If attendance on view
exceeds half an hour for
each quarter hour
thereafter 13.00 34.00 34.00 34.00
Mediation and Case Conference
20A. Counsel or solicitor
appearing at mediation
or case conference—
(a) Half day (3 hours
or part thereof) 491.00 716.00 825.00 872.00
(b) Hourly rate beyond
half-day 126.00 160.00 179.00 210.00
(c) Daily maximum or
if case settles
within the day 893.00 1324.00 1468.00 1541.00
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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
$ $ $ $
Solicitor appearing to
instruct at mediation or
case conference—
(d) Half day (3 hours
or part thereof) 236.00 303.00 341.00 377.00
(e) Hourly rate beyond
half-day 112.00 138.00 158.00 184.00
(f) Daily maximum 566.00 739.00 822.00 914.00
Notes
(i) Sub-items (a),
(b) and (c) are all
inclusive and
include
preparation,
conference and
appearance
(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
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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
$ $ $ $
opinion, having
regard to all the
circumstances,
the fees in
item 20A are
insufficient
Directions hearing
20B. Counsel or solicitor
appearing at directions
hearing 136.00 227.00 227.00 227.00
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;
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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
$ $ $ $
(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—not
exceeding 1872.00 3745.00 5340.00 7633.00
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
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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. 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
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
file the attendance notes
and copy letters
claimed, and be in a
position to produce
same in chronological
order at the taxation.
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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 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
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 72.00 84.00 105.00 105.00
Attending court
23. (a) (i) Solicitor or
managing
clerk with
counsel—per
half day 235.00 303.00 341.00 377.00
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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
$ $ $ $
(ii) Clerk with
counsel—per
half day 180.00 228.00 253.00 279.00
(iii) Solicitor
without
counsel—per
day 711.00 915.00 1009.00 1117.00
(iv) If proceeding
in list for
hearing but
not reached 84.00 114.00 140.00 151.00
(v) Additional
Solicitor or
managing
clerk (if
certified by
trial Judge)—
discretionary
fee
(b) Pre-Trial
Conference—
(i) solicitor or
managing
clerk with
counsel 235.00 303.00 341.00 377.00
(ii) solicitor
without
counsel 357.00 461.00 510.00 562.00
Solicitor or managing
clerk attending trial at a
Court more than
50 kilometres from his
place of business for
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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
$ $ $ $
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 114.00 156.00 170.00 191.00
(b) Brief (or brief notes
for solicitor) for
any unopposed
application or
adjournment
(where not
otherwise provided
for) including
attendance to apply 114.00 156.00 170.00 191.00
Costs of the Day
25. Including—
(a) Practitioner for
attending Court
where no counsel
employed 289.00 377.00 414.00 452.00
(b) Attending with
counsel—
(i) Clerk 140.00 191.00 201.00 226.00
(ii) Practitioner or
managing clerk 203.00 272.00 303.00 336.00
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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
$ $ $ $
(c) Counsel's fees 497.00 746.00 835.00 918.00
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 9.20 9.20 9.20 9.20
(b) Engrossing or
typing any
necessary
document where
not otherwise
provided for—per
folio 7.20 7.20 7.20 7.20
(c) Copies—any
necessary carbon,
photo or machine
made copy—where
not otherwise
provided for—per
page 1.80 1.80 1.80 1.80
(d) Perusals of any
necessary letter,
document or part of
a document (not
otherwise provided
for)—per folio 3.70 3.70 3.70 3.70
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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
$ $ $ $
(e) Examination or
scanning any
document which it
is not necessary to
peruse (not
otherwise provided
for)—per page 2.80 2.80 2.80 2.80
(f) Applications
including copies,
issuing and filing 84.00 105.00 105.00 105.00
(g) Affidavit of service
including swearing,
copies and filing 34.00 34.00 34.00 34.00
(h) Any necessary
affidavit (not
otherwise provided
for) including
preparation, copies,
swearing, filing and
service 235.00 303.00 341.00 377.00
(i) Fax or e-mail
transmission or
receipt if urgent
and necessary in
the discretion of the
Registrar 9.70 9.70 9.70 9.70
Letters
27. (a) Any necessary
letter (including
agency letters) 22.00 28.00 32.00 34.00
(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
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 15.00 26.00 28.00 30.00
(b) Which requires the
personal attention
of the solicitor or
managing clerk and
involves the
exercise of skill or
legal knowledge—
per quarter hour 32.00 34.00 34.00 40.00
(c) Service by post 15.00 34.00 34.00 34.00
(d) Personal service 53.00 53.00 53.00 53.00
Service of any
document where
necessary, and not
able to be served by
post.
Where it is judged
appropriate, the
Registrar may
allow additional
proper costs having
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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
$ $ $ $
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 32.00 32.00 32.00 32.00
(f) Service by leaving
Service of a
document on party
by filing or leaving
at the office of his
solicitor or other
address for service,
where that mode of
service is necessary 24.00 24.00 24.00 24.00
Fees to Counsel
29. (Note: No fee to
counsel is to be allowed
unless vouched by the
signature of counsel or
his clerk)—
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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
$ $ $ $
(a) For drawing
pleadings or
settling any
necessary
document including
Statement of
Claim, Defence,
Interrogatories, etc. 129.00 160.00 179.00 210.00
(b) (i) To advise on
evidence or for
opinion 129.00 195.00 210.00 235.00
(ii) Advice on
Pre-Trial
Conference 195.00 288.00 313.00 355.00
(c) Conference on
view—per hour 129.00 160.00 179.00 210.00
(d) Pre-Trial
Conference with
Registrar 363.00 472.00 525.00 579.00
(e) Brief to hear
Judgment or for
any application in a
proceeding 275.00 314.00 345.00 345.00
(f) Brief on Trial—
(i) Property,
Personal
Injuries 893.00 1324.00 1468.00 1541.00
(ii) Commercial
Causes 1541.00
(g) Refresher fee—
(i) Property,
Personal
Injuries 594.00 876.00 975.00 1026.00
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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
$ $ $ $
(ii) Commercial
Causes 1026.00
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
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.
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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) 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
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
notwithstanding
anything
contained in the
rules or in the
scale of costs,
apart from
item 20A, the
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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
$ $ $ $
trial Judge
ONLY may on
application
allow such
higher fee for
counsel
(including more
than one
counsel) as he
thinks fit.
(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
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
commenced,
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) 414.00 492.00 544.00 599.00
31. Application for Leave
to Proceed 156.00 191.00 223.00 243.00
Interpleader
32. (a) Bailiff—solicitor or
counsel appearing 579.00 667.00 722.00 791.00
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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) Claimant—solicitor
with or without
counsel appearing 505.00 591.00 639.00 692.00
(c) Creditor—solicitor
with or without
counsel appearing 505.00 591.00 639.00 692.00
Other Applications in Proceedings
33. (a) Applicants costs—
solicitor with or
without counsel
appearing 551.00 651.00 701.00 757.00
(b) Respondents
costs—solicitor
with or without
counsel appearing 505.00 604.00 651.00 707.00
Summons to Debtor
34. (a) Judgment Creditor
on hearing—
solicitor with or
without counsel
appearing 551.00 651.00 701.00 757.00
(b) costs of
adjournment—
solicitor with or
without counsel
appearing 400.00 468.00 505.00 542.00
The costs in items
30–34 are inclusive
of counsel's fees,
where applicable,
and disbursements
but do not include
fees for service or
filing fees for an
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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
$ $ $ $
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.
Miscellaneous
35. Registration of
interstate Judgment 72.00 105.00 105.00 105.00
36. Warrant of execution 72.00 105.00 105.00 105.00
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 377.00 482.00 537.00 590.00
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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
$ $ $ $
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
and attending pre-trial
conference, attendance
at Court and fees to
counsel for both trial
and conference 2395.00 3253.00 3589.00 3944.00
For the purpose of this
item the fees payable to
counsel which are
included in the above
amounts are:
A B C D
$ $ $ $
535.00 977.00 1110.00 1176.00
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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
$ $ $ $
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
at the trial allow an
appropriate additional
amount.
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 may allow such lump sum, as in his
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 shall think fit.
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Witnesses' Expenses
Witnesses giving evidence in an expert or professional capacity,
$136.00–$272.00 per hour or part thereof, not exceeding $1701.00 per day.
Persons not referred to in the preceding paragraph who are engaged in
business as principals on their own behalf $284.00 per half day or part
thereof but not in any event to exceed $510.00 in any one day.
Other witnesses—$85.00 per day, provided that a witness who receives
wages, salary, remuneration or fees may be allowed the amount actually lost
by reason of attendance not exceeding $510.00 per day.
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 $58.00, or for
each hour $39.00 but not in any event to exceed $245.00 in any one day.
(b) Attending court where the period of absence from the place of business
or residence is four hours or less, $141.00, and for each hour or part
thereof in excess of four hours, $39.00, but not in any event to exceed
$245.00 in any one day.
Travelling Accommodation and Meals
A reasonable sum to be fixed by the Registrar.
__________________
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FIRST SCHEDULE
CIRCUIT FEES
Circuit Town Fee for first six hours
Further fee for each
five hours thereafter
$ $
Bairnsdale 354.00 235.00
Ballarat 227.00 153.00
Bendigo 268.00 178.00
Geelong 193.00 124.00
Hamilton 369.00 246.00
Horsham 369.00 246.00
Mildura 450.00 299.00
Morwell 271.00 178.00
Sale 320.00 211.00
Shepparton 308.00 207.00
Wangaratta 339.00 224.00
Warrnambool 354.00 235.00
Wodonga 369.00 246.00
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: 20 November 2003
MICHAEL ROZENES, Chief Judge M. HIGGINS
F. G. DYETT LESLIE C. ROSS
W. M. R. KELLY E. H. CURTAIN
L. S. OSTROWSKI R. G. WILLIAMS
J. T. DUGGAN FRED DAVEY
T. A. NEESHAM STUART CAMPBELL
J. R. HANLON M. G. McINERNEY
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T. G. WODAK JOHN BOWMAN
WILLIAM R. WHITE R. LEWITAN
MARILYN HARBISON F. E. HOGAN
CAROLYN DOUGLAS M. P. BOURKE
TIM WOOD P. J. COISH
IAN C. ROBERTSON K. R. HOWIE
LANSELL PILGRIM J. A. CAMPTON
P. D. JENKINS R. F. PUNSHON
B. J. KING W. A. WILMOTH
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ENDNOTES
1 Rule 4: S.R. No. 20/1999. Reprint (No. 2) incorporating amendments as at
13 March 2003. Subsequently amended by S.R. No. 109/2003.
Endnotes
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