County Court (Chapter I Amendment No. 27) Rules 1996
i
County Court (Chapter I Amendment No. 27) Rules
1996
S.R. No. 56/1996
TABLE OF PROVISIONS
Regulation Page
1. Object 1
2. Authorising provisions 1
3. Commencement 1
4. Principal Rules 1
5. Amendment of Rule 63A.34A 1
6. Amendment to Appendix A 2
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NOTES 7
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1
STATUTORY RULES 1996
S.R. No. 56/1996
County Court Act 1958
County Court (Chapter I Amendment No. 27) Rules
1996
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. Commencement
These Rules come into operation on 1 July 1996.
4. Principal Rules
In these Rules, the 1 County Court Rules of
Procedure in Civil Proceedings 1989 are called
the Principal Rules.
5. Amendment of Rule 63A.34A
In Rule 63A.34A of the Principal Rules, for
paragraph (1)(a) substitute—
"(a) Subject to the provisions of these Rules, all
costs taxed by the Registrar shall be taxed as
follows:
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(i) as to all business done on or after 1 July
1996, according to the Scale of Costs
contained in Appendix A to these
Rules;
(ii) As to all business done before 1 July
1996, according to the Scale of Costs in
use in the Court at the time the costs
were incurred.".
6. Amendment to Appendix A
In Appendix A to the Principal Rules—
(a) for sub-items 20A(a), (b) and (c)
substitute—
"(a) Half day (3 hours
or part thereof) 330.00 480.00 554.00 586.00
(b) Hourly rate beyond
half-day 87.00 107.00 120.00 141.00
(c) Daily maximum or
if case settles
within the day 598.00 888.00 984.00 1033.00 ";
(b) for sub-item 25(c) substitute—
" (c) Counsel's fees 335.00 501.00 560.00 615.00 ";
(c) for sub-items 29(a) to (g) (inclusive)
substitute—
"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.
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87.00 107.00 120.00 141.00
(b) (i) To advise
on evidence
or for
opinion 87.00 131.00 141.00 157.00
(ii) Advice on
Pre-Trial
Conference 131.00 194.00 209.00 238.00
(c) Conference or view 87.00 107.00 120.00 141.00
(d) Pre-Trial
Conference with
Registrar 244.00 316.00 351.00 386.00
(e) Brief to hear
judgment or for any
application in a
proceeding 94.00 120.00 141.00 141.00
(f) Brief on Trial:
(i) Property,
Personal
Injuries 598.00 888.00 (i)
984.00
(ii)
1033.00
1033.00
(ii) Commercial
Causes
(g) Refresher fee:
(i) Property,
Personal
Injuries 398.00 589.00 (i)
655.00
(ii)
689.00
689.00
(ii) Commercial
Causes
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Any allowance for
a refresher fee is to
be calculated in the
manner set out in
Rule 63A.82 (3) ";
(c) for item 38 substitute—
"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
attendances of
witnesses at Court,
witnesses expenses,
instructions for and
preparation of brief,
attending counsel
therewith,
appointing and
attending Pre-Trial
Conference,
attendance at Court
and fees to counsel
for both trial and
conference 1703.00 2302.00 2538.00 2790.00
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For the purpose of
this item the fees
payable to counsel,
which are included
in the above
amounts are:
A B C D
$
358.00
$
656.00
$
744.00
$
788.00
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 at the trial
allow an appropriate
additional amount. ".
Dated: 25 June 1996
G. R. D. WALDRON,CJ
J. R. O'SHEA
BRUCE McNAB
F. G. DYETT
L. S. OSTROWSKI
J. T. DUGGAN
L. R. HART
T. A. NEESHAM
R. P. L. LEWIS
B. STOTT
A. F. SMITH
J. H. BARNETT
JOHN DEE
MURRAY KELLAM
E. H. CURTAIN
R. G. WILLIAMS
FRED DAVEY
STUART CAMPBELL
DAVID MORROW
M. G. McINERNEY
MARGARET RIZKALLA
T. G. WODAK
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F. J. SHELTON
MARILYN HARBISON
S. P. GEBHARDT
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NOTES
1 S.R. No. 49/1989. Reprinted (No. 2) to S.R. No. 47/1995 and
subsequently amended by S.R. Nos 146/1995, 169/1995 and 34/1996.
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