County Court (Chapter I Amendment No. 36) Rules 1998
i
County Court (Chapter I Amendment No. 36) Rules
1998
S.R. No. 158/1998
TABLE OF PROVISIONS
Rule Page
1. Object 1
2. Authorising provisions 1
3. Principal Rules 1
4. Commencement 1
5. Substitution of definitions 1
6. New Rule 34A.19.1 inserted 3
34A.19.1 Expert reports 3
7. Substitution of Order 44 4
ORDER 44 4
EXPERT EVIDENCE 4
44.01 Definition 4
44.02 Application 5
44.03 Service of statement of expert evidence 5
44.04 Making statement of other party evidence 6
44.05 No evidence unless disclosed in statement 6
8. New Rule 47.06 inserted 6
47.06 Directions 6
9. Amendment of Rule 63A.34A 7
10. Substitution of Appendix A 8
__________________
FIRST SCHEDULE—Circuit fees 38
═══════════════
NOTES 40
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1
STATUTORY RULES 1998
S.R. No. 158/1998
County Court Act 1958
County Court (Chapter I Amendment No. 36) Rules
1998
A majority of the Judges of the County Court makes the
following Rules:
1. Object
The object of these Rules is to make
miscellaneous amendments 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. Principal Rules
In these Rules, the County Court Rules of
Procedure in Civil Proceedings 19891 are called
the Principal Rules.
4. Commencement
These Rules come into operation on 1 January
1999.
5. Substitution of definitions
In Rule 33.03 of the Principal Rules—
(a) for the definition of "dentist" substitute—
' "dentist" means—
(a) a person registered or qualified to
be registered as a dentist under the
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Dentists Act 1972 or any
corresponding enactment of
another State or a Territory of the
Commonwealth;
(b) a person entitled to practise
dentistry in a place out of
Australia under an enactment of
that place corresponding to the
Dentists Act 1972, whether or not
the person does so practise;';
(b) for the definition of "medical practitioner"
substitute—
' "medical practitioner" means—
(a) a person registered or qualified to
be registered as a medical
practitioner under the Medical
Practice Act 1994 or any
corresponding enactment of
another State or a Territory of the
Commonwealth;
(b) a person entitled to practise
medicine in a place out of
Australia under an enactment of
that place corresponding to the
Medical Practice Act 1994,
whether or not the person does so
practise;';
(c) for the definition of "psychologist"
substitute—
' "psychologist" means—
(a) a registered psychologist as
defined by the Psychologists
Registration Act 1987;
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(b) a person who meets the
requirements of paragraphs (b)
and (c) of section 13 of the
Psychologists Registration Act
1987;
(c) a person who practises
psychology in a place out of
Victoria;'.
6. New Rule 34A.19.1 inserted
After Rule 34A.19 of the Principal Rules insert—
'34A.19.1 Expert reports
(1) In this Rule—
"expert" means a person who would, if
called as a witness at the trial, be
qualified to give evidence as an expert
in respect of any question in the
proceeding;
"report" means a communication in writing
by an expert to a party that contains a
statement by the expert as an expert in
respect of any question in the
proceeding, and whether or not the
statement contains the opinion of the
expert in respect of the question and
whether or not it sets out the acts, facts,
matters and circumstances on which
any opinion is formed and includes any
document which the expert intends
should be read with the statement
whether the document was in existence
at the time the statement was made or
was a document which he obtained or
caused to be brought into existence
subsequently.
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(2) At a directions hearing the Court may order
that a party who has now or may later have
in his or her possession, custody or power
the report of an expert from whom the party
intends to adduce evidence as an expert at
the trial serve a copy of the report on any
other party.
(3) Save with leave of the Court or by consent of
the parties, a party shall not except in cross-
examination adduce evidence from a person
as an expert witness at the trial of a
proceeding unless that evidence is covered
by a report served by the party in accordance
with an order made under paragraph (2).
(4) For the purpose of paragraph (3), evidence is
covered by a report if the report contains the
substance of the matters sought to be
adduced in evidence.'.
7. Substitution of Order 44
For Order 44 of the Principal Rules substitute—
'ORDER 44
EXPERT EVIDENCE
44.01 Definition
In this Order, unless the context or subject-
matter otherwise requires, "a proceeding
commenced by writ" includes—
(a) a proceeding in respect of which an
order has been made under Rule
4.07(1);
(b) a trial or inquiry under Order 50;
(c) an assessment of damages or value
under Order 51.
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44.02 Application
(1) This Order applies only to a proceeding
commenced by writ.
(2) In a proceeding in which the plaintiff claims
damages for bodily injury, the evidence of a
person as an expert witness, if not subject to
Order 33, is subject to this Order.
(3) This Order does not apply to the evidence of
a party who would, if called as a witness at
the trial, be qualified to give evidence as an
expert in respect of any question in the
proceeding.
44.03 Service of statement of expert evidence
(1) A party who intends at trial to adduce the
evidence of a person as an expert witness
shall, not later than 30 days before the day
fixed for trial or within such other time as
the Court may direct, serve on every other
party a statement in accordance with
paragraph (2).
(2) The statement shall—
(a) give the name and address of the
witness;
(b) describe the qualifications of the
witness to give evidence as an expert;
(c) give the substance of the evidence it is
proposed to adduce from the witness as
an expert, including the opinion of the
witness and the acts, facts, matters and
circumstances on which the opinion is
formed.
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44.04 Making statement of other party evidence
A party may put in evidence a statement
served on him by another party in
accordance with Rule 44.03.
44.05 No evidence unless disclosed in statement
(1) Save with the leave of the Court or by
consent of the parties, a party shall not
except in cross-examination adduce any
evidence from a person as an expert witness
at the trial of a proceeding unless that
evidence is covered by a statement which the
party has served in accordance with this
Order.
(2) For the purpose of paragraph (1), evidence is
covered by a statement if the statement
contains the substance of the matters sought
to be adduced in evidence.'.
8. New Rule 47.06 inserted
After Rule 47.05 of the Principal Rules insert—
"47.06 Directions
(1) A Judge may at any stage of a proceeding by
direction limit—
(a) the time to be taken in examining,
cross-examining or re-examining a
witness;
(b) the number of witnesses (including
expert witnesses) that a party may call;
(c) the time to be taken in making any oral
submissions;
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(d) the time to be taken by a party in
presenting his or her case;
(e) the time to be taken by a trial.
(2) A Judge may vary or revoke a direction
under paragraph (1).
(3) The discretion of a Judge to give a direction
under paragraph (1) shall be exercised
having regard to the following matters in
addition to any other relevant matter—
(a) the time or number limited shall be
reasonable;
(b) the direction shall not prejudice the
right of each party to a fair trial, and in
particular, to a reasonable opportunity
to adduce evidence and cross-examine
witnesses;
(c) whether the case is complex or simple;
(d) the number of witnesses a party intends
or seeks to call;
(e) the volume and character of the
evidence a party intends or seeks to
adduce;
(f) the interests of other litigants in the
Court;
(g) the time expected to be taken for the
trial;
(h) the importance of the proceeding as a
whole or of any question in the
proceeding.".
9. Amendment of Rule 63A.34A
In Rule 63A.64A of the Principal Rules, for
paragraph (1)(a) substitute—
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"(a) Subject to the provisions of these Rules, all
costs taxed by the Registrar shall be taxed as
follows—
(i) as to all business done on or after
1 January 1999, according to the Scale
of Costs contained in Appendix A to
these Rules;
(ii) as to all business done before 1 January
1999, according to the Scale of Costs in
use in the Court at the time the costs
were incurred.".
10. 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
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including letter before
action, preparation of
brief to and attendance
on counsel, preparation
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 originating process,
statement of claim,
notice of defence and
copies, filing, attending
to service, and affidavit
of service 282.00 367.00 403.00 445.00
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 83.00 111.00 113.00 119.00
2. Instructions to defend,
including perusal of
statement of claim, and
filing of appearance 134.00 180.00 185.00 207.00
3. Instructions to institute
or defend any original
proceeding or to appeal
or oppose an appeal
where not elsewhere
provided for 215.00 269.00 298.00 328.00
4. Instructions to institute
or oppose any
interlocutory
proceeding, or
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instructions for special
affidavit where not
elsewhere provided for 37.00 56.00 56.00 56.00
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
$ $ $ $
Issues and Particulars
5. (a) Counterclaim or
third party notice
including
preparation of brief
to and attendance
on counsel, copies,
filing and service 150.00 200.00 215.00 237.00
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 27.00 37.00 37.00 37.00
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 91.00 123.00 134.00 150.00
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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 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
(b) Perusal of Defence,
any necessary
further pleading,
notice claiming
contribution or
indemnity and
making copies 27.00 37.00 37.00 37.00
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 122.00 150.00 159.00 178.00
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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
$ $ $ $
Discovery
8. (a) Notice for
discovery including
copies, filing,
service, perusal of
affidavit of
documents, and
making copies
thereof 66.00 91.00 111.00 119.00
(b) Affidavit of
documents
including
instructions for
affidavit, copies,
swearing, filing and
service 185.00 239.00 269.00 298.00
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.
A B C D
Over
$7500
Over
$20 000
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Up to and
including
$7500
$7500
up to and
including
$20 000
$20 000
up to and
including
$50 000
Over
$50 000
$ $ $ $
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 185.00 239.00 269.00 298.00
(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 376.00 483.00 536.00 591.00
Setting
10. (a) Certificate of
readiness including
letter requesting
certification, setting
down and service
of sealed copy
66.00 91.00 111.00 119.00
A B C D
Up to and
Over
$7500
up to and
Over
$20 000
up to and
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including
$7500
including
$20 000
including
$50 000
Over
$50 000
$ $ $ $
(b) Perusal of
certificate of
readiness,
certification and
letter returning
certificate 31.00 51.00 57.00 61.00
11. (a) Notice of Trial,
copies, service and
filing 37.00 56.00 56.00 56.00
(b) Affidavit in support
of setting down,
swearing and filing
56.00 66.00 83.00 88.00
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 66.00 91.00 111.00 119.00
(b) Admissions
(including perusal
of notice to admit
and making copies
thereof),
preparation of brief
to and attendance
on counsel, copies,
filing and service 134.00 177.00 185.00 207.00
A B C D
Up to and
including
Over
$7500
up to and
including
Over
$20 000
up to and
including Over
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$7500 $20 000 $50 000 $50 000
$ $ $ $
13. Notice of payment into
Court, offer of
Compromise, or notice
of acceptance including
copies, filing and
service 56.00 83.00 83.00 83.00
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 56.00 83.00 83.00 83.00
Preparation and Trial
15. Callover—
Solicitor's attendance 56.00 66.00 83.00 83.00
Clerk's attendance 36.00 56.00 56.00 56.00
Subpoena
16. (a) Including filing,
copy for service
attending to service 36.00 56.00 56.00 56.00
(b) Each additional
copy for service 2.30 2.30 2.30 2.30
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
$50 000
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$ $ $ $
Expert Witnesses
17. (a) Arranging
examination on
inspection by an
expert witness and
notifying party 36.00 56.00 56.00 56.00
(b) Notifying party of
examination or
inspection arranged
by opposite party
11.10 27.00 27.00 27.00
Advice of Counsel
18. Including brief,
attendance on counsel,
perusal and advice 91.00 122.00 134.00 150.00
Conference with Counsel
19. Appointing and
attending—
(a) Solicitor's
attendance—
per hour 91.00 122.00 134.00 150.00
(b) Clerk's
attendance—
per hour 56.00 66.00 83.00 83.00
Brief to View
20. Including arranging
view, attendance on
counsel and attendance
at view 91.00 122.00 134.00 150.00
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
$ $ $ $
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If attendance on view
exceeds half an hour
for each quarter hour
thereafter 11.20 27.00 27.00 27.00
Mediation
20A. Counsel or solicitor
hearing at mediation
(a) Half day (3 hours
or part thereof) 356.00 519.00 598.00 632.00
(b) Hourly rate beyond
half-day 92.00 115.00 130.00 152.00
(c) Daily maximum or
if case settles
within the day 646.00 959.00 1063.00 1116.00
Solicitor appearing to
instruct at mediation
(d) Half day (3 hours
or part thereof) 185.00 239.00 269.00 298.00
(e) Hourly rate beyond
half-day 89.00 109.00 124.00 144.00
(f) Daily maximum 447.00 584.00 649.00 720.00
Directions hearing
20B. Counsel or solicitor
appearing at directions
hearing 98.00 165.00 165.00 165.00
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
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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;
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
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material to the
proceeding;
(h) perusing relevant
documents;
(i) the general care
and conduct of the
proceeding—not
exceeding 1477.00 2953.00 4212.00 6020.00
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
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
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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.
If by reason of special
circumstances any party
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
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
$ $ $ $
for brief or brief notes
the party may apply for
remuneration in excess
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of this item to a Judge
or Registrar in respect
of a party-party bill of
costs or to the Taxing
Master on the taxation
of a solicitor-client bill
of costs and the Judge,
Registrar or Taxing
Master may allow an
amount in excess of the
scale or give such
directions as is in all
the circumstances
considered fair and
reasonable
Brief to counsel to appear
22. Including attendance on
counsel 56.00 66.00 83.00 83.00
Attending court
23. (a) (i) Solicitor or
managing
clerk with
counsel—per
half day 185.00 239.00 269.00 298.00
(ii) Clerk with
counsel—per
half day 143.00 180.00 200.00 221.00
(iii) Solicitor
without
counsel—per
day 561.00 721.00 797.00 881.00
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
$ $ $ $
(iv) If proceeding
in list for
hearing but
not reached 66.00 91.00 111.00 119.00
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(v) Additional
Solicitor or
managing
clerk (if
certified by
trial Judge)—
discretionary
fee
(b) Pre-Trial
Conference—
(i) solicitor or
managing
clerk with
counsel 185.00 239.00 269.00 298.00
(ii) solicitor
without
counsel 282.00 364.00 402.00 443.00
Solicitor or managing
clerk attending trial at a
Court more than
50 kilometres from his
place of business for
each day of absence
from office—
discretionary additional
fee
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
$ $ $ $
Brief to hear judgment
24. (a) Including
receiving/advice of
date fixed,
attendance on
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counsel and
attendance to hear
judgment 91.00 122.00 134.00 150.00
(b) Brief (or brief notes
for solicitor) for
any unopposed
application or
adjournment
(where not
otherwise provided
for) including
attendance to apply 91.00 122.00 134.00 150.00
Costs of the Day
25. Including—
(a) Practitioner for
attending Court
where no counsel
employed 228.00 298.00 327.00 356.00
(b) Attending with
counsel—
(i) Clerk 111.00 150.00 159.00 178.00
(ii) Practitioner or
managing clerk 160.00 214.00 239.00 265.00
(c) Counsel's fees 361.00 541.00 605.00 665.00
Note: These allowances shall be in
addition to other items thrown away
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
26. (a) Drawing any
necessary
documents where
not otherwise
provided for—per
folio 7.30 7.30 7.30 7.30
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(b) Engrossing or
typing any
necessary
document where
not otherwise
provided for—per
folio 5.60 5.60 5.60 5.60
(c) Copies—any
necessary carbon,
photo or machine
made copy—where
not otherwise
provided for—per
page 1.30 1.30 1.30 1.30
(d) Perusals of any
necessary letter,
document or part of
a document (not
otherwise provided
for)—per folio 3.00 3.00 3.00 3.00
(e) Examination or
scanning any
document which it
is not necessary to
peruse (not
otherwise provided
for)—per page 2.20 2.20 2.20 2.20
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 66.00 83.00 83.00 83.00
(g) Affidavit of service
including swearing,
copies and filing
27.00 27.00 27.00 27.00
(h) Any necessary
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affidavit (not
otherwise provided
for) including
preparation, copies,
swearing, filing and
service 185.00 239.00 269.00 298.00
(i) Facsimile
transmission or
receipt if urgent
and necessary in
the discretion of the
Registrar 7.60 7.60 7.60 7.60
Letters
27. (a) Any necessary
letter (including
agency letters) 16.80 21.70 25.10 26.80
(b) For each circular
letter after the first 8.80 8.80 8.80 8.80
Attendances
28. Any necessary
attendance not
otherwise provided for
(including attendance
on witness to arrange
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
$ $ $ $
appearance without
subpoena, or to cancel
such appearance)—
(a) Which is capable of
being made by a
clerk—per quarter
hour 12.50 19.90 21.70 23.50
(b) Which requires the
personal attention
of the solicitor or
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managing clerk and
involves the
exercise of skill or
legal knowledge—
per quarter hour 25.00 26.80 26.80 31.60
(c) Service by post 12.60 26.80 26.80 26.80
(d) Personal service 41.00 41.00 41.00 41.00
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 regard to the
time taken, the distance
travelled and any other
necessary expense
incurred
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) Attempted service
Where more than one
attendance is necessary
to effect service, or to
ground an application
for substituted service,
for each necessary
attendance 25.00 25.00 25.00 25.00
(f) Service by leaving
Service of a document
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on party by filing or
leaving at the office of
his solicitor or other
address for service,
where that mode of
service is necessary 18.00 18.00 18.00 18.00
Fees to Counsel
29. (Note: No fee to
counsel is to be allowed
unless vouched by the
signature of counsel or
his clerk)—
(a) For drawing
pleadings or
settling any
necessary
document including
Statement of
Claim, Defence,
Interrogatories, etc
94.00 115.00 130.00 152.00
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) (i) To advise on
evidence or for
opinion 94.00 141.00 152.00 171.00
(ii) Advice on
Pre-Trial
Conference 141.00 209.00 226.00 257.00
(c) Conference on
view—per hour 94.00 115.00 130.00 152.00
(d) Pre-Trial
Conference with
Registrar 263.00 341.00 380.00 420.00
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(e) Brief to hear
Judgment or for
any application in a
proceeding 102.00 130.00 152.00 152.00
(f) Brief on Trial:
(i) Property,
Personal
Injuries 646.00 959.00 1063.00 1116.00
(ii) Commercial
Causes 1116.00
(g) Refresher fee
(i) Property,
Personal
Injuries 430.00 635.00 707.00 744.00
(ii) Commercial
Causes 744.00
Any allowance for a
refresher fee is to be
calculated in the
manner set out in
Rule 63A.82(3)
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
$ $ $ $
(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
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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.
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
$ $ $ $
(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
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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 trial
Judge ONLY
may on
application
allow such
higher fee for
counsel
(including more
than one
counsel) as he
thinks fit.
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
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than one
counsel as
the Judge
thinks fit,
save that this
sub-item
does not
apply to the
allowances
set out in
item 20A.
(B) where no
trial has
commenced,
the Registrar
or other
taxing
officer may
allow such
higher fee
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
$ $ $ $
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
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for substituted service
(not including fees of
advertising) 327.00 388.00 430.00 473.00
31. Application for Leave
to Proceed 122.00 150.00 176.00 192.00
Interpleader
32. (a) Bailiff—solicitor or
counsel appearing 324.00 385.00 426.00 469.00
(b) Claimant—solicitor
with or without
counsel appearing
298.00 366.00 403.00 445.00
(c) Creditor—solicitor
with or without
counsel appearing 298.00 366.00 403.00 445.00
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
$ $ $ $
Other Applications in Proceedings
33. (a) Applicants costs—
solicitor with or
without counsel
appearing 334.00 413.00 453.00 497.00
(b) Respondents
costs—solicitor
with or without
counsel appearing 298.00 376.00 413.00 458.00
Summons to Debtor
34. (a) Judgment Creditor
on hearing—
solicitor with or
without counsel
appearing 334.00 413.00 453.00 497.00
(b) costs of
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adjournment—
solicitor with or
without counsel
appearing 215.00 269.00 298.00 328.00
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 application. These
costs are subject to
increase or reduction at
the discretion of the
Court. Such costs
include the summons,
affidavit in support,
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
$ $ $ $
one affidavit of service,
preparation, signing,
service and filing of the
order where
appropriate.
Miscellaneous
35. Registration of
interstate Judgment 56.00 83.00 83.00 83.00
36. Warrant of execution 56.00 83.00 83.00 83.00
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
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service, affidavit of
service and entry of
judgment 298.00 381.00 423.00 465.00
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
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
$ $ $ $
proceeding for trial,
arranging attendance of
witnesses at court,
witnesses expenses,
instructions for an
preparing of brief,
attending counsel
therewith, appointing
and attending pre-trial
conference, attendance
at Court and fees to
counsel for both trial
and conference 1854.00 2503.00 2760.00 3035.00
For the purpose of this
item the fees payable to
counsel which are
included in the above
amounts are:
A B C D
$ $ $ $
387.00 708.00 804.00 852.00
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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.
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
$ $ $ $
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.
CONVEYANCING BUSINESS
The charges prescribed by an Solicitors Remuneration Order for the time
being in force.
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
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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.
Witnesses' Expenses
Witnesses giving evidence in an expert or professional capacity, $117.00–
$215.00 per hour or part thereof, not exceeding $1413.00 per day.
Person not referred to in the preceding paragraph who are engaged in
business as principals on their own behalf $130.00 per half day or part
thereof but not in any event to exceed $217.00 in any one day.
Other witnesses—$59.00 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 $217.00 per day.
Travelling expenses, if witnesses residence or place of business is more than
seven kilometres from place of hearing, the sum reasonable 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 reasonably 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 $51.00, or for
each hour $19.30 but not in any event to exceed $217.00 in any one
day.
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(b) Attending court where the period of absence from the place of business
or residence is four hours or less, $102.00, and for each hour or part
thereof in excess of four hours, $19.30, but not in any event to exceed
$217.00 in any one day.
Travelling Accommodation and Meals
(c) A reasonable sum to be fixed by the Registrar.
__________________
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38
FIRST SCHEDULE—CIRCUIT FEES
Circuit Town Fee for first six hours
Further fee for each
five hours thereafter
Bairnsdale 256.00 171.00
Ballarat 165.00 111.00
Bendigo 194.00 129.00
Geelong 140.00 90.00
Hamilton 267.00 178.00
Horsham 267.00 178.00
Kerang 267.00 178.00
Mildura 327.00 216.00
Morwell 197.00 129.00
Sale 232.00 153.00
Shepparton 222.00 150.00
Wangaratta 245.00 162.00
Warrnambool 256.00 171.00
N.B. Any circuit fee allowed under item 29(g)(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.".
Sch. 1
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39
Dated: 1 December 1998
G. R. D. WALDRON, Chief Judge G. D. LEWIS
P. U. RENDIT E. H. CURTAIN
F. G. DYETT R. G. WILLIAMS
JOHN K. NIXON FRED DAVEY
FRANK WALSH DAVID MORROW
L. S. OSTROWSKI MARGARET RIZKALLA
G. R. G. CROSSLEY T. G. WODAK
D. A. T. JONES F. J. SHELTON
J. R. HANLON A. P. DUCKETT
M. C. KIMM B. R. DOVE
B. STOTT MARILYN HARBISON
A. F. SMITH J. M. PANNAM
J. H. BARNETT TIM WOOD
JOHN DEE IAN C. ROBERTSON
═══════════════
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40
NOTES
1 Rule 3: S.R. No. 49/1989. Reprinted to S.R. No. 85/1998.
Notes
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