County Court (Chapter I Amendment No. 28) Rules 1996
i
County Court (Chapter I Amendment No. 28) Rules
1996
S.R. No. 165/1996
TABLE OF PROVISIONS
Rule Page
1. Object 1
2. Authorising provisions 1
3. Commencement 1
4. Principal Rules 1
5. Amendment of Rule 1.13 1
6. New Rule 1.19 inserted 2
1. 19 Continuation of address for service 2
7. New Rule 29.15 inserted 2
29. 15 Continuing obligation to make discovery 2
8. Amendment of Rule 34A.10 2
9. New Rule 34A.17.1 inserted 2
34A. 17.1 Discovery other than by affidavit 2
10. Amendment of Rule 34A.24 3
11. Amendment of Rule 34A.26 3
12. Amendment of Rule 63A.34A 3
13. Amendment of Rule 72.01 3
14. Substitution of Appendix A 4
FIRST SCHEDULE—CIRCUIT FEES 26
15. Amendment to Form 2-11C of Chapter II 27
═══════════════
NOTES 28
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1
STATUTORY RULES 1996
S.R. No. 165/1996
County Court Act 1958
County Court (Chapter I Amendment No. 28) 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
and to amend a form in Chapter II of the Rules of
the County Court.
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
1997.
4. Principal Rules
In these Rules, the County Court Rules of
Procedure in Civil Proceedings 19891 are called
the Principal Rules.
5. Amendment of Rule 1.13
In Rule 1.13(1) of the Principal Rules insert the
following definition—
' "solicitor" means a legal practitioner within the
meaning of the Legal Practice Act 1996 not
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being a legal practitioner who practises as a
barrister only;'.
6. New Rule 1.19 inserted
After Rule 1.18 of the Principal Rules insert—
"1.19 Continuation of address for service
Subject to these Rules, where in relation to a
proceeding a party has an address for service
under these Rules, that is the address for
service of the party until the conclusion of
the proceeding whether at first instance or on
appeal.".
7. New Rule 29.15 inserted
After Rule 29.14 of the Principal Rules insert—
"29.15 Continuing obligation to make discovery
A party who has made an affidavit of
documents is under a continuing obligation
to make discovery of documents with respect
to documents of which the party obtains
possession after making the affidavit.".
8. Amendment of Rule 34A.10
In Rule 34A.10(2) of the Principal Rules after
"Court" insert "after the commencement of this
Order,".
9. New Rule 34A.17.1 inserted
After Rule 34.A.17 insert—
"34A.17.1 Discovery other than by affidavit
Rule 29.15 shall, with any necessary
modification, apply where a party has by
order of the Court, or with the consent of
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another party, given discovery of documents
other than by making an affidavit of
documents.".
10. Amendment of Rule 34A.24
In Rule 34A.24(1) of the Principal Rules for "Not
less than" substitute "Unless the Court or the
Judge in charge of the list or division of a list
otherwise orders, not less than".
11. Amendment of Rule 34A.26
In Rule 34A.26 of the Principal Rules omit "in a
list".
12. Amendment of Rule 63A.34A
For 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:
(i) As to all business done on or after 1
January 1997, according to the Scale of
Costs contained in Appendix A to these
Rules.
(ii) As to all business done before 1
January 1997, according to the Scale of
Costs in use in the Court at the time the
costs were incurred.".
13. Amendment of Rule 72.01
In Rule 72.01 of the Principal Rules, in the
definition of "earnings", for "Commonwealth Acts
known as the Social Security Act 1947 as
amended from time to time, the Veterans'
Entitlements Act 1920 as amended from time to
time or the Seamen's War Pensions and
Allowances Act 1940 as amended from time to
time" substitute "Social Security Act 1991 of the
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Commonwealth or the Veterans' Entitlements Act
1986 of the Commonwealth".
14. 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
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
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 269.00 350.00 385.00 425.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
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 79.00 106.00 108.00 114.00
2. Instructions to defend,
including perusal of
statement of claim, and
filing of appearance 128.00 172.00 177.00 198.00
3. Instructions to
institute or defend any
original proceeding or to
appeal or oppose an appeal
where not elsewhere
provided for 205.00 257.00 284.00 313.00
4. Instructions to
institute or oppose any
interlocutory proceeding, or
instructions for special
affidavit where not
elsewhere provided for 35.00 53.00 53.00 53.00
Issues and Particulars
5. (a) Counterclaim or third
party notice including
preparation of brief to and
attendance on counsel,
copies, filing and service 143.00 191.00 205.00 226.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
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 26.00 35.00 35.00 35.00
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
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
87.00 117.00 128.00 143.00
(b) Perusal of defence,
any necessary further
pleading, notice claiming
contribution or indemnity
and making copies 26.00 35.00 35.00 35.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
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 116.00 143.00 152.00 170.00
Discovery
8. (a) Notice for discovery
including copies, filing,
service, perusal of affidavit
of documents, and making
copies thereof 63.00 87.00 106.00 114.00
(b) Affidavit of
documents including
instructions for affidavit,
copies, swearing, filing and
service
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.
177.00 228.00 257.00 284.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
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 177.00 228.00 257.00 284.00
(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 359.00 461.00 512.00 564.00
Setting Down
10. (a) Certificate of
readiness including letter
requesting certification,
setting down and service of
sealed copy 63.00 87.00 106.00 114.00
(b) Perusal of certificate
of readiness, certification
and letter returning
certificate 30.00 49.00 54.00 58.00
11. (a) Notice of Trial,
copies, service and filing 35.00 53.00 53.00 53.00
(b) Affidavit in support
of setting down, swearing
and filing 53.00 63.00 79.00 84.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
Notices
12. (a) Notice to Admit
including preparation of
brief to and attendance on
counsel, copies, filing,
service, perusal of
admissions and making
copies thereof 63.00 87.00 106.00 114.00
(b) Admissions
(including perusal of notice
to admit and making copies
thereof), preparation of brief
to and attendance on
counsel, copies, filing and
service 128.00 169.00 177.00 198.00
13. Notice of payment into
Court, Offer of
Compromise, or notice of
acceptance including copies,
filing and service 53.00 79.00 79.00 79.00
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 53.00 79.00 79.00 79.00
Preparation and Trial
15. Callover—
Solicitor's attendance
Clerk's attendance
53.00
34.00
63.00
53.00
79.00
53.00
79.00
53.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
Subpoena
16. (a) Including filing,
copy for service attending to
service
(b) Each additional copy
for service
34.00
2.20
53.00
2.20
53.00
2.20
53.00
2.20
Expert Witnesses
17. (a) Arranging
examination or inspection
by an expert witness and
notifying party
(b) Notifying party of
examination or inspection
arranged by opposite party
34.00
10.60
53.00
26.00
53.00
26.00
53.00
26.00
Advice of Counsel
18. Including brief,
attendance on counsel,
perusal and advice 87.00 116.00 128.00 143.00
Conference with Counsel
19. Appointing and
attending—
(a) Solicitor's
attendance—per hour
(b) Clerk's attendance—
per hour
87.00
53.00
116.00
63.00
128.00
79.00
143.00
79.00
Brief to View
20. Including arranging
view, attendance on counsel
and attendance at view
If attendance on view
exceeds half an hour for
each quarter hour thereafter
87.00
10.70
116.00
26.00
128.00
26.00
143.00
26.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
Mediation
20A. Counsel or solicitor
appearing at mediation
(a) Half day (3 hours or
part thereof)
(b) Hourly rate beyond
half-day
(c) Daily maximum or if
case settles within the day
Solicitor appearing to
instruct at mediation
(d) Half day (3 hours or
part thereof)
(e) Hourly rate beyond
half-day
(f) Daily maximum
335.00
88.00
608.00
177.00
85.00
427.00
488.00
109.00
902.00
228.00
104.00
557.00
563.00
122.00
1000.00
257.00
118.00
619.00
595.00
143.00
1050.00
284.00
137.00
687.00
Notes
(i) Sub-items (a), (b) and
(c) are all inclusive and
include preparation,
conference and appearance
(ii) Despite item 29(h)(iv),
the Registrar may allow a
higher fee for counsel or
solicitor appearing at
mediation
(iii) In circuit cases a circuit
fee may be allowed by the
Registrar in accordance with
the First Schedule if in his
opinion, having regard to all
the circumstances, the fees
in item 20A are insufficient
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
Directions hearing
20B. Counsel or solicitor
appearing at directions
hearing 92.00 156.00 156.00 156.00
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;
(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 1410.00 2818.00 4020.00 5745.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
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
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
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
If by reason of any 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 for
brief or brief notes the party
may apply for remuneration
in excess 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 53.00 63.00 79.00 79.00
Attending Court
23. (a) (i) Solicitor or
managing clerk with
counsel—per half day
(ii) Clerk with
counsel—per half day
(iii) Solicitor without
counsel—per half day
177.00
136.00
535.00
228.00
172.00
688.00
257.00
191.00
761.00
284.00
211.00
841.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
(iv) If proceeding in
list for hearing but not
reached
(v) Additional
solicitor or managing clerk
(if certified by trial
Judge)—discretionary fee
63.00 87.00 106.00 114.00
(b) Pre-Trial Conference—
(i) solicitor or
managing clerk with
counsel
(ii) solicitor without
counsel
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.
177.00
269.00
228.00
347.00
257.00
384.00
284.00
423.00
Brief to hear judgment
24. (a) Including
receiving/advice of date
fixed, attendance on counsel
and attendance to hear
judgment
(b) Brief (or brief notes
for solicitor) for any
unopposed application or
adjournment (where not
otherwise provided for)
including attendance to
apply
87.00
87.00
116.00
116.00
128.00
128.00
143.00
143.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
Costs of the Day
25. Including—
(a) Practitioner for
attending Court where no
counsel employed
(b) Attending with
counsel—
(i) Clerk
(ii) Practitioner or
managing clerk
(c) Counsel's fees.
Note: These allowances
shall be in addition to other
items thrown away.
218.00
106.00
153.00
340.00
284.00
143.00
204.00
509.00
312.00
152.00
228.00
569.00
340.00
170.00
253.00
625.00
Documents
26. (a) Drawing any
necessary documents where
not otherwise provided
for—per folio
(b) Engrossing or typing
any necessary document
where not otherwise
provided for—per folio
(c) Copies—any
necessary carbon, photo or
machine made copy—where
not otherwise provided
for—per page
(d) Perusals of any
necessary letter, document
or part of a document (not
otherwise provided for)—
per folio
7.00
5.30
1.20
2.90
7.00
5.30
1.20
2.90
7.00
5.30
1.20
2.90
7.00
5.30
1.20
2.90
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
(e) Examination or
scanning any document
which it is not necessary to
peruse (not otherwise
provided for)—per page
(f) Applications
including copies, issuing
and filing
(g) Affidavit of service,
including swearing, copies
and filing
(h) Any necessary
affidavit (not otherwise
provided for) including
preparation, copies,
swearing, filing and service
(i) Facsimile
transmission or receipt if
urgent and necessary in the
discretion of the Registrar
2.10
63.00
26.00
177.00
7.30
2.10
79.00
26.00
228.00
7.30
2.10
79.00
26.00
257.00
7.30
2.10
79.00
26.00
284.00
7.30
Letters
27. (a) Any necessary letter
(including agency letters)
(b) For each circular
letter after the first
16.00
8.40
20.70
8.40
24.00
8.70
25.60
8.40
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 11.90 19.00 20.70 22.40
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
(b) Which requires the
personal attention of the
solicitor or managing clerk
and involves the exercise of
skill or legal knowledge—
per quarter hour
(c) Service by post
(d) Personal service
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
23.90
12.00
39.00
25.60
25.60
39.00
25.60
25.60
39.00
30.20
25.60
39.00
(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
(f) Service by leaving
Service of a document on a
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
17.00
24.00
17.00
24.00
17.00
24.00
17.00
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A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
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.
(b) (i) To advise on
evidence or for opinion
(ii) Advice on Pre-
Trial Conference
(c) Conference or view—
per hour
(d) Pre-Trial Conference
with Registrar
(e) Brief to hear judgment
or for any application in a
proceeding
88.00
88.00
133.00
88.00
248.00
96.00
109.00
133.00
197.00
109.00
321.00
122.00
122.00
143.00
212.00
122.00
357.00
143.00
143.00
160.00
242.00
143.00
392.00
143.00
(f) Brief on Trial:
(i) Property, Personal
Injuries
(ii) Commercial Causes
(g) Refresher fee:
(i) Property, Personal
Injuries
(ii) Commercial Causes
608.00
404.00
902.00
598.00
(i)
1000.00
(ii)
1050.00
(i)
665.00
(ii)
700.00
1050.00
700.00
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S.R. No. 165/1996
County Court (Chapter I Amendment No. 28) Rules 1996
20
A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
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.
(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.
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21
A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
(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.
(v) Despite anything
contained in these Rules—
(A) where a trial has
commenced, the trial
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; and
(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
proceeding (see item 38).
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S.R. No. 165/1996
County Court (Chapter I Amendment No. 28) Rules 1996
22
A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
Practice Court
30. Application for order
for substituted service (not
including fees of advertising
312.00 370.00 410.00 451.00
31. Application for Leave
to Proceed 116.00 143.00 168.00 183.00
Interpleader
32. (a) Bailiff—solicitor or
counsel appearing
(b) Claimant—solicitor
with or without counsel
appearing
312.00
284.00
370.00
349.00
410.00
385.00
451.00
425.00
(c) Creditor—solicitor
with or without counsel
appearing 284.00 349.00 385.00 425.00
Other Applications in
Proceedings
33. (a) Applicants costs—
solicitor with or without
counsel appearing
(b) Respondents costs—
solicitor with or without
counsel appearing
319.00
284.00
394.00
359.00
432.00
394.00
474.00
437.00
Summons to Debtor
34. (a) Judgment Creditor
on hearing—solicitor with
or without counsel
appearing 319.00 394.00 432.00 474.00
(b) costs of adjournment—
solicitor with or without
counsel appearing
The costs in items 30-34 are
inclusive of counsel's fees,
where applicable, and
disbursements but do not
205.00 257.00 284.00 313.00
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S.R. No. 165/1996
County Court (Chapter I Amendment No. 28) Rules 1996
23
A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
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.
Miscellaneous
35. Registration of interstate
judgment
36. Warrant of execution
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
53.00
53.00
284.00
79.00
79.00
364.00
79.00
79.00
404.00
79.00
79.00
444.00
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
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S.R. No. 165/1996
County Court (Chapter I Amendment No. 28) Rules 1996
24
A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
fees, setting down, fixing
proceeding for trial,
arranging attendance 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
1764.00 2379.00 2623.00 2884.00
For the purpose of this item
the fees payable to counsel
which are included in the
above amounts are :
A B C D
$ $ $ $
364.00 666.00 756.00 801.00
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.
39. In addition to the
allowances of any
disbursement hereinbefore
provided, the Registrar or
other taxing officer may
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S.R. No. 165/1996
County Court (Chapter I Amendment No. 28) Rules 1996
25
A
Up to and
including
$7500
B
Over
$7500
up to and
including
$20 000
C
Over
$20 000
up to and
including
$50 000
D
Over
$ 50 000
$ $ $ $
allow any disbursement
necessarily or properly
made in the course of the
proceeding.
Conveyancing Business
The charges prescribed by any 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
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 and 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.
Persons 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.
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S.R. No. 165/1996
County Court (Chapter I Amendment No. 28) Rules 1996
26
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 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 $51.00, or for
each hour $19.30 but not in any event to exceed $217.00 in any one
day.
(b) Attending court where the period of absence from the place of business
or residence is four hours or less, $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.
FIRST SCHEDULE—CIRCUIT FEES
Circuit Town Fee for first six hours
Further fee for each
five hours thereafter
Ararat
Bairnsdale
Ballarat
Bendigo
Colac
Geelong
Hamilton
Horsham
Kerang
Korumburra
Mildura
218.00
241.00
156.00
183.00
185.00
132.00
251.00
251.00
251.00
156.00
307.00
146.00
160.00
105.00
121.00
121.00
87.00
167.00
167.00
167.00
105.00
204.00
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S.R. No. 165/1996
County Court (Chapter I Amendment No. 28) Rules 1996
27
Morwell
Sale
Shepparton
Wangaratta
Warragul
Warrnambool
185.00
218.00
208.00
231.00
167.00
241.00
121.00
144.00
141.00
153.00
113.00
160.00
N.B. Any further 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 shall be allowed in any one day in relation to any one proceeding
or matter.'.
15. Amendment to Form 2-11C of Chapter II
In Form 2-11C to the County Court Miscellaneous
Rules 19892 , for "the Legal Aid Commission"
(wherever occurring) insert "Victoria Legal Aid".
Dated: 16 December 1996
G. R. D. WALDRON,CJ M. HIGGINS
J. R. O'SHEA J. MEAGHER
BRUCE McNAB A. F. SMITH
F. G. DYETT J. H. BARNETT
W. M. R. KELLY JOHN DEE
JOHN K. NIXON E. H. CURTAIN
FRANK WALSH STUART CAMPBELL
J. T. HASSETT MARGARET RIZKALLA
J. T. DUGGAN T. G. WODAK
L. R. HART F. J. SHELTON
G. R. G. CROSSLEY A. P. DUCKETT
T. A. NEESHAM MARILYN HARBISON
M. C. KIMM S. P. GEBHARDT
═══════════════
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County Court (Chapter I Amendment No. 28) Rules 1996
28
NOTES
1 S.R. No. 49/1989. Reprinted to S.R. No. 47/1995 and subsequently
amended by S.R. Nos 146/1995, 169/1995, 34/1996 and 56/1996.
2 S.R. No. 181/1989. Reprinted to S.R. No. 145/1994 and subsequently
amended by S.R. No. 146/1995.
Notes
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