Solicitors' Remuneration Order

i Solicitors' Remuneration Order S.R. No. 129/1996 TABLE OF PROVISIONS Order Page 1. 1 2. 1 3. 1 4. 2 5. 4 6. 6 7. 6 8. 7 9. 7 10. 8 11. 8 12. 9 __________________ SCHEDULES 10 SCHEDULE 1—Instructions 10 SCHEDULE 2—Mortgage of Freehold or Leasehold Land 14 SCHEDULE 3—Miscellaneous Conveyancing Transactions 22 SCHEDULE 4—Negotiating for or procuring an agreement for a loan when the money is in fact lent and the solicitor is neither the lender nor one of the lenders 31 ═══════════════ -- 1 of 34 -- 1 STATUTORY RULES 1996 S.R. No. 129/1996 Supreme Court Act 1986 Solicitors' Remuneration Order We the Honourable GEOFFREY MICHAEL EAMES a Judge of the Supreme Court of Victoria nominated by the Chief Justice thereof, ROBERT JOHN GARLICK and RODNEY RUSSELL MADDOCK being two persons nominated by the Governor in Council, DAVID JOHN DENBY and JAMES HENRY YORK SYME being two members of the Council of the Law Institute of Victoria nominated by the said Council and being the five persons authorized in that behalf by the Supreme Court Act 1986 do hereby in pursuance and exercise of the powers thereby conferred upon us order and direct in manner following: 1. This Order may be cited as the Solicitors' Remuneration Order and shall come into operation on the 1st day of January 1997. 2. This Order applies— (a) in the case of business to which the Second, Third and Fourth Schedule applies—to all business for which instructions are received on or after the day on which this Order comes into operation; and (b) in the case of any other business to which this Order applies—to all business transacted on or after the day on which this Order comes into operation. 3. r. 3 -- 2 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 2 (1) The Solicitors' Remuneration Order Statutory Rule No. 150 of 1995 is hereby revoked. (2) Notwithstanding the revocation of the Solicitors' Remuneration Order Statutory Rule No. 150 of 1995, the provisions of that Order shall continue to apply to and in relation to business, other than business referred to in Clause 2, in all respects as if that Order had not been revoked. 4. (1) In this Order and in the Schedules, unless inconsistent with the context or subject-matter— "Folio" means 100 words or figures or words and figures; "In print" means in print on a form readily available for sale to the public; "Document" has the same meaning as under Section 3(1) of the Evidence Act 1958; "Lease" includes an agreement for a lease; "Typewriting" means the production and presentation of words figures and symbols on pages or otherwise by means of hand writing typewriting or the use of word processing equipment or any other form of mechanical or electronic production other than photocopying. (2) A reference in this Order and the Schedules to the consideration is a reference— (a) where the consideration relates to a matter or transaction and is not wholly monetary, to the sum of the monetary consideration and the value of the real or personal property included in the consideration that is not monetary; -- 3 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 3 (b) where the consideration relates to a matter or transaction comprising land and personal property, to the sum of the consideration for the land and the personal property; (c) where the consideration or part of the consideration for a matter or transaction is marriage or any other consideration which is not monetary, or where there is no consideration for a matter or transaction, to the value of the subject matter of the transaction; (d) where the consideration relates to a mortgage, bill of sale or stock mortgage by which a specified or ascertainable sum is secured, to the sum of the amount secured and the amount of any other specified or ascertainable sum agreed to be advanced and secured; and (e) where the consideration relates to the sale of an equity of redemption— (i) where the purchaser is the mortgagee and the purchaser employs the solicitor who prepared the mortgage—to the sale price; and (ii) in any other case, to the sum of the consideration and the amount of any principal sum owing under the mortgage at the time of sale. (3) Where the consideration relates to a matter or transaction comprising land under the provisions of the Transfer of Land Act 1958 and other land, the remuneration of the solicitor shall be apportioned according to the respective values of the properties in question and remuneration may be charged in respect of each document necessarily prepared. r. 4 -- 4 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 4 5. (1) The remuneration of solicitors in respect of business connected with sales, purchases, leases, mortgages, wills, settlements, formation and registration of companies, deeds of arrangement and other matters of conveyancing, including negotiating for or procuring an agreement for a loan, and in respect of other business not being business in any action or transacted in any court or in the chambers of any Judge or in the offices of the Master of the Supreme Court Prothonotary or other officer of any court and not being otherwise contentious business, shall, subject to this Order— (a) where the Second, Third or Fourth Schedule applies, be in accordance with that Schedule; and (b) in any other case, be in accordance with the First Schedule. (2) Where the business undertaken is the whole of the work for which some charge or charges is or are prescribed by the Second or Third Schedules but is not substantially completed but this occurs at the request of or with the concurrence of the client or the client chooses to make use of any of the work done, the charges which may be made shall be a rateable part of the relevant charges prescribed by those Schedules proportionate to the extent of the work done or the work so made use of, as the case may be. (3) Where the business undertaken is a portion of the work for which some charge or charges is or are prescribed by the Second or Third Schedules— (a) if it is completed or substantially completed, the charge which may be made shall be a rateable part of the relevant charges r. 5 -- 5 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 5 prescribed by those Schedules proportionate to the extent of the work so undertaken; and (b) if it is not completed or substantially completed, and this occurs at the request of or with the concurrence of the client, or if the client chooses to make use of any of the work done, the charges which may be made shall be a rateable part of the relevant charges prescribed by those Schedules proportionate to the extent of the work done or the work so made use of. (4) In all cases where matters or transactions for which charges are prescribed by the Second or Third Schedules— (a) involve work which in normal circumstances is not usual and necessary to complete such matter or transaction on behalf of a client, or require the consent of any Government, public authority or third party in respect of business transacted and performed, a further charge in respect thereof may be made in accordance with the First Schedule; or (b) are of unusual difficulty or complexity, or involve skill or responsibility which in normal circumstances is not usual and necessary to complete the matter or transaction on behalf of a client, a further charge in respect thereof may be made which is fair and reasonable having regard to all the circumstances of the case. r. 5 -- 6 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 6 6. The charges in Parts A and B of the First Schedule relate to ordinary cases, but in extraordinary cases the Taxing Master may increase or diminish such charges if, for any special reason, he thinks fit. 7. In addition to the remuneration prescribed by clause 5, there may be charged— (a) disbursements for duties or fees payable at public offices or fees payable to municipalities or public authorities, surveyors, valuers, auctioneers or counsel, or for travelling and accommodation expenses, duty stamps, postage stamps, courier or delivery charges, the direct cost incurred on the client's behalf in the use of Lawyer's Information Network or other electronic systems of communication and other disbursements reasonably and properly incurred and paid; (b) in accordance with the First Schedule— (i) payments necessarily made for correspondence between solicitors where one solicitor is employed as agent; and (ii) charges by an agent against his principal or such lesser amount as is reasonable having regard to the charge that the principal solicitor may be entitled to make to his client; and (c) charges at the rate of $7.80 to $11.40 per quarter hour in respect of business necessarily transacted at the request of the client outside the normal business hours of the solicitor; r. 6 -- 7 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 7 (d) expenses reasonably incurred in microfilming of files and the storage and retrieval of files so microfilmed. 8. (1) In all cases to which the remuneration prescribed by the Second or Third Schedules applies a solicitor may, within fourteen days from the time of undertaking any business, by notice in writing to his client and when any third party is obliged by contract or otherwise to pay that client's costs, by notice in writing to such third party elect to charge under the First Schedule. (2) Upon such election, the client may terminate the retainer and the First Schedule shall apply in respect of services rendered prior to the termination of the retainer. (3)(a) A third party obliged to pay a solicitor's client's costs may pay either the amount charged under the First Schedule or the amount which, but for the solicitor's election, would have been payable under the Second or Third Schedule, whichever is less, in full satisfaction of his obligation. (b) The client shall pay the difference between the amount charged by the solicitor and the amount payable by the third party. 9. Where a matter or transaction to which the Second Schedule applies comprises land the title to which is a right to occupy the land as a residence area pursuant to Division 11 of Part I of the Land Act 1958 or a licence pursuant to Section 138(1)(g) of the Land Act 1958, the appropriate charge shall be the charge specified in that Schedule for a r. 8 -- 8 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 8 similar transaction comprising land under the provisions of the Transfer of Land Act 1958. 10. (1) Where a solicitor— (a) is authorised by the First Schedule to make any charge in connection with the sale, purchase, transfer or conveyance of land and is also authorised by the Second Schedule to make any charge in respect of the same land and the transaction is completed at the same time for the same client; or (b) is authorised by the Second Schedule to make charges in respect of two or more matters or transactions relating to the same land completed at the same time for the same client— then each charge under Part A or Part C of the Second Schedule shall be reduced by one-third or to a sum equal to the highest of those charges (before a reduction) together with the sum of $76.70 for each additional charge, whichever is the greater. (2) Where, in connection with any transaction to which the Second Schedule or Part A, C or D of the Third Schedule applies, a solicitor acts— (a) for both mortgagee and mortgagor; or (b) for both lessor and lessee; or (c) for both creditor and debtor— the solicitor may not, in respect of the transaction, charge more than he would have been entitled to charge if he were acting only for the mortgagee, lessor or creditor as the case may be. 11. r. 10 r. 11 -- 9 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 9 In respect of loans not exceeding $110 000 where a solicitor acts for a society registered under the provisions of the Co-operative Housing Societies Act 1958 his charge under Part A or Part C of the Second Schedule shall be reduced to 75 per cent of the charge otherwise appropriate. 12. The Second and Third Schedules shall not apply to matters or transactions concerning any premises subject to a licence as defined in the Liquor Control Act 1987 and, accordingly, the First Schedule shall apply to those matters or transactions. __________________ -- 10 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 10 SCHEDULES FIRST SCHEDULE PART A INSTRUCTIONS 1. A charge may be made by way of instructions in addition to the items hereinafter contained in this Schedule having regard to all the circumstances of the case including the following: (a) The complexity of the matter and the difficulty and novelty of the questions raised or any of them; (b) The importance of the matter to the client; (c) The skill, specialised knowledge and responsibility involved; (d) The number and importance of the documents prepared or perused, without regard to length; (e) The place where and the circumstances in which the business or any part thereof is transacted; (f) The labour involved and the time spent on the business; (g) The amount or value of any money or property involved; and (h) The nature of the title to any land involved. NOTE: (1) A charge shall not be made pursuant to this item in respect of the sale, purchase or transfer of land where the consideration does not exceed $60 000. (2) The charge pursuant to this item in respect of the sale, purchase or transfer of land where the consideration exceeds $60 000 shall not exceed 0.3 per centum of the consideration. Sch. 1 -- 11 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 11 DRAWING 2. Any document including memoranda of instructions to counsel not in an action or a proceeding in court— (a) not in print, per folio—$10.20 to $16.70 (b) partly in print, for so much as remains in print, per folio—$5.20 (c) partly in print, for so much as is not in print, per folio—$10.20 to $16.70 Note: There are approximately 3 folios in each A4 page. TYPEWRITING 3. (1) Per folio—$6.30 (2) For each carbon copy, photocopy or other machine made copy, per page—$1.20. 4. Transmitting or receiving written material by means of the solicitor's own facsimile machine as follows: Transmitting: First page $6.60 Each subsequent page $2.30 Receiving First page $6.60 Each subsequent page $1.10 PERUSING 5. When it is necessary to peruse any document or part of a document (including correspondence), whether in print or not, per folio—$6.30. 6. When it is not necessary to peruse a document or correspondence but scanning of the document or correspondence is warranted, e.g. to determine the relevance or otherwise of the document or correspondence, per folio— $3.20. Sch. 1 -- 12 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 12 LETTERS 7. Formal acknowledgment or the like, e.g. letter enclosing documents, requesting a reply, etc.—$16.70. 8. Circular letters—i.e. letters which except for the particulars of address are identical, for each letter after the first—$8.20. 9. Other letters—$24.40 or such charge as is fair and reasonable having regard to items 1, 2 and 3 of this Schedule. ATTENDANCES 10. To file, lodge or deliver any documents or other papers, to obtain an appointment or to obtain stamping of a document, to insert an advertisement, or other attendance of a similar nature capable of performance by a junior clerk—$30.40. 11. Making an appointment by telephone or similar telephone attendance capable of performance by a junior clerk— $13.30. 12. On counsel with case for opinion or other papers or to appoint consultation or conference—$46.20. 13. On consultation or conference with counsel—$114.40 After the first hour, per half-hour or part thereof—$57.20 to $88.90. 14. Searching title and other searches, per half-hour or part thereof—$37.80. 15. On settlement of a conveyancing or commercial matter— $36.50 to $57.20. After the first half-hour, per half-hour or part thereof— $57.20 to $88.90. 16. Attendance by telephone or otherwise requiring the personal attendance of a solicitor or his managing or senior clerk and involving the exercise of skill or legal knowledge; per quarter-hour or part thereof—$25.60 to $47.50. 17. All other attendances; per quarter-hour or part thereof— $25.60. Sch. 1 -- 13 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 13 PART B JOURNEYS 18. For time spent occupied in necessary travel to and from or necessarily spent in any place whether in or outside Australia more than sixteen kilometres removed from any place of business or residence of the solicitor the charge to be made, in addition and having regard to any appropriate charges made under Part A hereof, shall be— per hour or part thereof—$57.20 but not exceeding for any one day—$801.50 ————————— Sch. 1 -- 14 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 14 SECOND SCHEDULE PART A MORTGAGE OF FREEHOLD OR LEASEHOLD LAND SCALES OF CHARGES 1. Charges of solicitor for mortgagee in connection with mortgage of freehold or leasehold land comprising instructions, investigation of title, necessary searches, obtaining necessary certificates, preparation and perusal of documents, enquiries as to outgoings, preparation of requisitions on title, preparation of accounts, all necessary attendances and correspondence, arranging and effecting final settlement of transaction, stamping and registration of mortgage shall be— (a) in the case of land under the provisions of the Transfer of Land Act 1958, the charges prescribed by Column 1 of Table A; and (b) in the case of any other land, the charges prescribed by Column 1 of Table B. 2. Charges of solicitor for mortgagor in connection with mortgage of freehold or leasehold land comprising instructions, preparation and perusal of documents, answers to requisitions on title, checking accounts, all necessary attendances and correspondence and arranging and effecting settlement of transaction, shall be— (a) in the case of land under the provisions of the Transfer of Land Act 1958, the charges prescribed by Column 2 of Table A; and (b) in the case of any other land, the charges prescribed by Column 2 of Table B. 3. The First Schedule shall apply to a transfer of mortgage but so that the charges shall not exceed— (a) in the case of land under the provisions of the Transfer of Land Act 1958, the charges prescribed by Column 1 of Table A; and (b) in the case of any other land, the charges prescribed by Column 1 of Table B. Sch. 2 -- 15 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 15 TABLE A Transfer of Land Act 1958 (Column 1 Solicitor for Mortgagee. Column 2 Solicitor for Mortgagor) Ref. No. Consideration 1 2 $ $ $ Not exceeding— 19 20 000 217 150 20 22 000 234 160 21 24 000 247 170 22 26 000 264 181 23 28 000 280 191 24 30 000 293 200 25 32 000 309 211 26 34 000 322 221 27 36 000 339 231 28 38 000 352 242 29 40 000 367 252 30 42 000 382 264 31 44 000 397 274 32 46 000 412 285 33 48 000 428 295 34 50 000 442 306 35 52 000 451 311 36 54 000 460 317 37 56 000 468 325 38 58 000 477 330 39 60 000 488 337 40 62 000 497 342 41 64 000 506 347 42 66 000 515 355 43 68 000 523 360 44 70 000 532 365 45 72 000 541 372 46 74 000 550 377 47 76 000 558 385 48 78 000 568 391 49 80 000 577 397 50 82 000 586 404 51 84 000 595 410 52 86 000 603 415 53 88 000 612 421 Sch. 2 -- 16 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 16 Ref. No. Consideration 1 2 $ $ $ Not exceeding— 54 90 000 621 426 55 92 000 631 432 56 94 000 638 439 57 96 000 647 446 58 98 000 657 452 59 100 000 667 458 60 110 000 697 477 61 120 000 727 498 62 130 000 757 520 63 140 000 787 541 64 150 000 816 560 65 160 000 846 581 66 170 000 876 602 67 180 000 906 621 68 190 000 936 642 69 200 000 966 662 70 250 000 1039 714 71 300 000 1114 767 72 350 000 1190 818 73 400 000 1264 868 74 450 000 1339 919 75 500 000 1413 971 76 Over 500 000 add per 100 000 75 53 TABLE B General Law (Column 1 Solicitor for Mortgagee Column 2 Solicitor for Mortgagor) Ref. No. Consideration 1 2 $ $ $ Not exceeding— 77 20 000 316 191 78 22 000 332 204 79 24 000 347 216 80 26 000 363 230 81 28 000 380 244 Sch. 2 -- 17 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 17 Ref. No. Consideration 1 2 $ $ $ Not exceeding— 82 30 000 395 256 83 32 000 412 269 84 34 000 428 281 85 36 000 445 295 86 38 000 460 309 87 40 000 476 321 88 42 000 491 334 89 44 000 507 347 90 46 000 523 360 91 48 000 538 374 92 50 000 555 387 93 52 000 563 395 94 54 000 573 404 95 56 000 585 411 96 58 000 593 420 97 60 000 603 426 98 62 000 612 436 99 64 000 621 442 100 66 000 632 450 101 68 000 641 458 102 70 000 650 465 103 72 000 658 475 104 74 000 668 481 105 76 000 677 490 106 78 000 688 497 107 80 000 698 506 108 82 000 707 512 109 84 000 718 521 110 86 000 727 528 111 88 000 736 537 112 90 000 744 545 113 92 000 755 553 114 94 000 766 560 115 96 000 774 568 116 98 000 784 576 117 100 000 793 585 118 110 000 826 608 119 120 000 857 636 120 130 000 888 662 Sch. 2 -- 18 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 18 Ref. No. Consideration 1 2 $ $ $ Not exceeding— 121 140 000 919 688 122 150 000 952 714 123 160 000 984 741 124 170 000 1017 767 125 180 000 1048 792 126 190 000 1079 818 127 200 000 1112 842 128 250 000 1190 909 129 300 000 1269 976 130 350 000 1348 1041 131 400 000 1429 1106 132 450 000 1508 1170 133 500 000 1586 1235 134 Over 500 000 add per 100 000 81 65 PART B DEED OF VARIATION OR EXTENSION OF MORTGAGE SCALE OF CHARGES 1. Charges of solicitor for mortgagee only in connection with deed of agreement for variation of terms of mortgage of freehold or leasehold land including extension of date of payment, alteration of rate of interest or reduction or increase of loan comprising instructions, necessary searches, preparation and perusal of documents, investigation of title, obtaining necessary certificates, necessary inquiries as to other interests in the land, preparation of any necessary accounts, stamping and registration and all necessary attendances and correspondence in connection therewith shall be, in the case of land under the provisions of the Transfer of Land Act 1958, the charges prescribed by Column 1 of Table A. 2. Charges of solicitor for mortgagor in connection with deed of agreement for variation of terms of mortgage of freehold or leasehold land including extension of date of payment, Sch. 2 -- 19 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 19 alteration of rate of interest or reduction or increase of loan comprising instructions, necessary searches, preparation and perusal of documents and all necessary attendances and correspondence in connection therewith shall be, in the case of land under the provisions of the Transfer of Land Act 1958, the charges prescribed by Column 2 of Table A. TABLE A Transfer of Land Act 1958 (Column 1 Solicitor for Mortgagee. Column 2 Solicitor for Mortgagor) Ref. No. Amount of loan (if unvaried) or (if varied) the amount of the loan as varied 1 2 $ $ $ Not exceeding— 135 20 000 110 55 136 35 000 150 75 137 50 000 180 90 138 Over 50 000 add per 25 000 20 10 139 Where the consent of a prior or subsequent mortgage is required in order to vary or extend the mortgage, the solicitor may in addition charge the sum of $98.70 for each such consent. NOTE: General Law Land: Where the land secured by a mortgage is land which is not under the provisions of the Transfer of Land Act 1958, an additional charge of $34.20 may be made. PART C DISCHARGE OF MORTGAGE OR DISCHARGE OF PART OF THE MORTGAGED LAND OR DISCHARGE OF MORTGAGE AS TO PART OF THE DEBT SECURED SCALE OF CHARGES 1. Charges of solicitor for mortgagee (where no part of the debt secured is received by the solicitor) in connection with discharge of mortgage or discharge of part of the mortgaged Sch. 2 -- 20 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 20 freehold or leasehold land or discharge of mortgage as to part of the debt secured comprising instructions, preparation and perusal of documents (including memorandum of discharge of mortgage) and all necessary attendances and correspondence, delivery of discharge of mortgage to the mortgagor, his solicitor or agent shall be, in the case of land under the provisions of the Transfer of Land Act 1958, the sum of $121.90. 2. Charges of solicitor for mortgagee (where the debt secured or part thereof is received by the solicitor) in connection with discharge of mortgage or discharge of part of the mortgaged freehold or leasehold land or discharge of mortgage as to part of the debt secured comprising instructions, preparation and delivery of the discharge of mortgage, receipt of amount to be discharged, perusal of documents and all necessary attendances and correspondence and effecting final settlement with mortgagor, his solicitor or agent shall be in the case of land under the provisions of the Transfer of Land Act 1958, the charges prescribed by Column 1 of Table A. 3. Charges of solicitor for mortgagor in connection with discharge of mortgage or discharge of part of the mortgaged freehold or leasehold land or discharge of mortgage as to part of the debt secured comprising instructions, perusal of memorandum of discharge of mortgage, registration at Office of Titles, attention to insurance policies and all necessary attendances and correspondence, and effecting final settlement with mortgagee, his solicitor or agent, shall be, in the case of land under the provisions of the Transfer of Land Act 1958, the charges prescribed by Column 2 of Table A. TABLE A Transfer of Land Act 1958 Ref. No. Amount of Principal Debt Discharged 1 2 $ $ $ Not exceeding— 140 100 000 150 130 141 200 000 225 200 Ref. Amount of Principal Debt Discharged Sch. 2 -- 21 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 21 No. 1 2 $ $ $ Not exceeding— 142 300 000 300 250 143 Over 300 000 add per 100 000 25 20 NOTE: General Law Land: Where the land secured by a mortgage is land which is not under the provisions of the Transfer of Land Act 1958, an additional charge of $34.20 may be made. ————————— Sch. 2 -- 22 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 22 THIRD SCHEDULE MISCELLANEOUS CONVEYANCING TRANSACTIONS PART A LEASE OF LAND WHETHER OR NOT UNDER THE TRANSFER OF LAND ACT 1958 BUT NOT INCLUDING BUILDING LEASES, LEASES EXCEEDING 21 YEARS, LEASES NOT CAPABLE OF BEING REDUCED TO AN ANNUAL RENTAL OR PERIODIC LEASES DETERMINABLE BY NOTICE Scales of Charges 1. Charges of solicitor for lessor in connection with lease of land comprising instructions for and drawing lease, settling draft with lessee, his solicitor or agent, perusal of documents, stamping, and all necessary attendances and correspondence to effect completion of transaction— (a) with material alteration (in duplicate) after amendment—shall be the charges prescribed by Column 1A; and (b) without material alteration—shall be the charges prescribed by Column 1B. 2. Charges of solicitor for lessee in connection with lease of land comprising instructions, settling draft lease with lessor, his solicitor or agent, preparation and perusal of documents and all necessary attendances and correspondence to effect completion of transaction on behalf of lessee— (a) where lease is executed after material alteration (by lessor) after amendment—shall be the charges prescribed by Column 2C; and (b) where lease is executed without material alteration (by the lessor) after amendment—shall be the charges prescribed by Column 2D. Sch. 3 -- 23 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 23 Total Rental for period of lease including premium (if any) Solicitor for Lessor Solicitor for Lessee Column 1 Column 2 Ref. No. A B C D $ $ $ $ $ Not exceeding 144 15 000 175 150 150 100 145 20 000 234 176 176 116 146 22 000 252 190 190 126 147 24 000 274 205 205 137 148 26 000 293 220 220 147 149 28 000 315 235 235 156 150 30 000 334 250 250 166 151 32 000 352 265 265 177 152 34 000 374 281 281 186 153 36 000 393 295 295 196 154 38 000 415 311 311 207 155 40 000 433 325 325 216 156 42 000 452 341 341 226 157 44 000 475 355 355 237 158 46 000 493 371 371 246 159 48 000 515 385 385 256 160 50 000 533 400 400 267 161 52 000 546 410 410 274 162 54 000 558 417 417 280 163 56 000 571 426 426 285 164 58 000 582 437 437 290 165 60 000 595 446 446 296 166 62 000 607 455 455 304 167 64 000 618 463 463 309 168 66 000 631 472 472 316 169 68 000 642 481 481 321 170 70 000 655 490 490 326 171 72 000 667 498 498 334 172 74 000 679 507 507 339 173 76 000 690 516 516 346 174 78 000 702 527 527 351 175 80 000 714 536 536 356 176 82 000 727 545 545 363 177 84 000 738 553 553 369 178 86 000 749 562 562 376 179 88 000 762 572 572 381 Sch. 3 -- 24 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 24 Total Rental for period of lease including premium (if any) Solicitor for Lessor Solicitor for Lessee Column 1 Column 2 Ref. No. A B C D $ $ $ $ $ Not exceeding 180 90 000 774 581 581 386 181 92 000 787 590 590 393 182 94 000 798 598 598 398 183 96 000 811 607 607 406 184 98 000 822 616 616 411 185 100 000 833 625 625 416 186 110 000 874 655 655 437 187 120 000 914 685 685 456 188 130 000 953 716 716 477 189 140 000 993 746 746 497 190 150 000 1034 776 776 517 191 160 000 1074 806 806 537 192 170 000 1114 836 836 556 193 180 000 1153 866 866 577 194 190 000 1193 896 896 597 195 200 000 1234 924 924 616 196 250 000 1334 1001 1001 667 197 Over 250 000 add per 200 000 100 75 75 51 NOTE: Charges of solicitor for lessor in connection with a disclosure statement made pursuant to S7 of the Retail Tenancies Act including instructions for and drawing of the disclosure statement, instructions for and drawing of the notice of objection, perusal of all documents and all attendances and correspondence necessary in negotiations on the disclosure statement are not included in Columns A and B and the solicitor may charge additional remuneration in respect thereof in accordance with the First Schedule. 198. If the document used (irrespective of the number of folios)— (a) is in print, the charge of a solicitor shall be two-thirds of the charges prescribed by Columns B or D; or (b) is in a form prepared by a solicitor for a lessor for use in connection with five or more leases of premises forming part of the same building or development— the charge of a solicitor for the lessor for each such Sch. 3 -- 25 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 25 lease shall be two-thirds of the charges prescribed by Column B. 199. The charges of a solicitor upon the renewal of a lease pursuant to an option for renewal contained in an existing lease shall be two-thirds of the charge prescribed by Columns B or D. 200. Where a solicitor has made a charge under Column 1 or Column 2 with respect to an agreement for lease and then he or any other solicitor acts in connection with a lease entered into pursuant to such agreement for lease then the charge for such lease shall be in accordance with the First Schedule. PART B STOCK MORTGAGE AND LIEN ON WOOL OR LIEN ON CROP Scale of Charges 1. Charges of solicitor for both creditor and debtor in connection with stock mortgage, lien on wool or lien on crop comprising instructions, preparation and perusal of documents, searches, attention to adjustment account (if any) and all necessary attendances and correspondence to complete transaction on behalf of creditor and debtor shall be the charges prescribed by Column 1. 2. Charges of solicitor for creditor only in connection with stock mortgage, lien on wool or lien on crop comprising instructions, preparation and perusal of documents, searches, attention to adjustment account (if any) and all necessary attendances and correspondence to complete transaction on behalf of creditor shall be the charges prescribed by Column 2. 3. Charges of solicitor for debtor only in connection with stock mortgage, lien on wool or lien on crop comprising instructions, preparation and perusal of documents, attention to adjustment account (if any), searches and all necessary attendances, and correspondence to complete transaction on behalf of debtor shall be the charges prescribed by Column 3. Ref. No. Consideration 1 2 3 $ $ $ $ Not exceeding— Sch. 3 -- 26 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 26 Ref. No. Consideration 1 2 3 $ $ $ $ Not exceeding— 201 10 000 125 99 81 202 12 000 137 109 88 203 14 000 151 120 96 204 16 000 165 130 105 205 18 000 177 140 114 206 20 000 191 150 124 207 22 000 204 160 131 208 24 000 216 170 140 209 26 000 230 181 147 210 28 000 244 191 156 211 30 000 256 200 165 212 32 000 269 211 174 213 34 000 281 221 181 214 36 000 295 231 190 215 38 000 309 242 199 216 40 000 321 252 207 217 42 000 334 264 215 218 44 000 347 274 222 219 46 000 360 285 231 220 48 000 374 295 241 221 50 000 387 306 247 222 52 000 395 311 252 223 54 000 404 317 257 224 56 000 411 325 264 225 58 000 420 330 269 226 60 000 426 337 274 227 62 000 436 342 280 228 64 000 442 347 285 229 66 000 450 355 290 230 68 000 458 360 295 231 70 000 465 365 300 232 72 000 475 372 306 233 74 000 481 377 311 234 76 000 490 385 315 235 78 000 497 391 320 236 80 000 506 397 325 237 82 000 512 404 330 238 84 000 521 410 335 239 86 000 528 415 341 240 88 000 537 421 346 Sch. 3 -- 27 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 27 Ref. No. Consideration 1 2 3 $ $ $ $ Not exceeding— 241 90 000 545 426 350 242 92 000 553 432 355 243 94 000 560 439 360 244 96 000 568 446 365 245 98 000 576 452 371 246 100 000 585 458 376 247 Over 100 000—such additional charge as is reasonable having regard to the responsibility involved in and the complexity of the transaction. NOTE: The charges prescribed in Column 1 shall only apply where Rule 10 of the Solicitors (Professional Conduct and Practice) Rules 1984 made pursuant to the Legal Profession Practice Act 1958 does not prohibit the solicitor from acting for both creditor and debtor. PART C RENEWAL OF BILL OF SALE Scale of Charges 1. Charges of solicitor for creditor in connection with the renewal of a bill of sale comprising instructions, preparation and perusal of documents and all necessary attendances and correspondence shall be the charges prescribed by Column 1. 2. Charges of solicitor for debtor in connection with renewal of bill of sale comprising instructions, perusals and all necessary attendances and correspondence shall be the charges prescribed by Column 2. Ref. No. Consideration 1 2 $ $ $ Not exceeding— 248 10 000 51 30 249 14 000 56 31 250 18 000 61 35 251 22 000 65 39 252 26 000 70 42 Sch. 3 -- 28 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 28 Ref. No. Consideration 1 2 $ $ $ Not exceeding— 253 30 000 75 44 254 34 000 81 47 255 38 000 86 49 256 42 000 91 53 257 46 000 95 56 258 50 000 100 60 259 Exceeding 50 000 100 60 PART D SATISFACTION OR DISCHARGE OF BILL OF SALE OR STOCK MORTGAGE Scale of Charges 1. Charges of solicitor for creditor in connection with satisfaction or discharge of a bill of sale or stock mortgage comprising preparation and perusal of documents (including memorandum of satisfaction or discharge) and all necessary attendances and correspondence and effecting final settlement with debtor, his solicitor or agent shall be the charges prescribed by Column 1. 2. Charges of solicitor for debtor in connection with satisfaction or discharge of a bill of sale or stock mortgage comprising instructions, perusal of memorandum of satisfaction or discharge, registration and all necessary attendances and correspondence and effecting final settlement with creditor, his solicitor or agent shall be the charges prescribed by Column 2. Ref. No. Consideration 1 2 $ $ $ Not exceeding— 260 10 000 51 30 261 14 000 56 31 262 18 000 61 35 263 22 000 65 39 264 26 000 70 42 265 30 000 75 44 Sch. 3 -- 29 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 29 Ref. No. Consideration 1 2 $ $ $ Not exceeding— 266 Exceeding 30 000 75 44 PART E TRANSMISSION APPLICATION UNDER THE TRANSFER OF LAND ACT 1958 267. Charges of solicitor in connection with an application by a trustee, executor or administrator to be registered as proprietor of real estate or mortgage, including instructions, checking title identity, preparation of application, necessary attendances and correspondence and registration—$154.60. 268. For each additional certificate of title or mortgage produced beyond the first title or mortgage referred to in the application—$14.60. PART F SURVIVORSHIP APPLICATION 269. Charges of solicitor in connection with an application by a survivor of joint proprietors to be registered as proprietor of real estate or mortgage, including instructions, checking title identity, preparation of application and declaration, necessary attendances and correspondence and registration—$171.80. 270. For each additional certificate of title or mortgage produced beyond the first title or mortgage referred to in the application—$14.60. PART G PRODUCTION FEE 271. For production of Crown grants, certificates of title, title deeds, or other documents in the possession of the solicitor of the person entitled to the custody thereof at such solicitor's office or at the Office of Titles, Office of the Registrar-General or elsewhere, including, where necessary, endorsement of an order to register— Sch. 3 -- 30 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 30 for not more than two Crown grants, certificates of title, chains of title deeds, or other documents— $97.50. for each additional Crown grant, certificate of title, chain of title deeds, or other document beyond the second—$14.60. ————————— Sch. 3 -- 31 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 31 FOURTH SCHEDULE PART A NEGOTIATING FOR OR PROCURING AN AGREEMENT FOR A LOAN WHEN THE MONEY IS IN FACT LENT AND THE SOLICITOR IS NEITHER THE LENDER NOR ONE OF THE LENDERS 272. In respect of money lent upon the security of real or leasehold estate or personal property—one per centum upon the amount lent. NOTE: If a solicitor negotiates for or procures an agreement for the renewal of a loan he shall not in respect thereof be entitled to charge remuneration in accordance with this item and his charge shall be 0.5 per centum upon the amount of the renewed loan. 273. (1) If a solicitor negotiates for or procures an agreement for a loan for his client being the borrower or mortgagor through the agency of any person (other than a solicitor) to whom a procuration fee is payable then he shall only be entitled to remuneration in accordance with the First Schedule in respect of negotiating for or procuring such agreement. (2) If a solicitor negotiates for or procures an agreement for a loan for his client being the borrower or mortgagor through the agency of another solicitor then the remuneration provided by item 272 shall be divided between the solicitors, two-thirds being payable to the solicitor for the mortgagee and one- third to the solicitor for the mortgagor. 274. The remuneration prescribed under item 272 or 273 shall not include disbursements reasonably incurred in travelling from any place of business and home respectively of such solicitor and disbursements otherwise reasonably incurred in the inspection of the property mortgaged or charged and in procuring the agreement for the loan which disbursements may be charged in addition to the remuneration so prescribed. Sch. 4 -- 32 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 32 PART B FOR NEGOTIATING FOR OR PROCURING AN AGREEMENT FOR A LOAN WHEN THE MONEY IS IN FACT LENT AND THE SOLICITOR OR THE SOLICITOR'S NOMINEE COMPANY IS EITHER THE LENDER OR ONE OF THE LENDERS 275. When the solicitor, or a nominee company of which the solicitor or a partner of the solicitor is a director, is either the lender or one of the lenders no remuneration shall be charged for negotiating or procuring the loan, except in the following cases: (a) when the solicitor arranges and obtains the loan from a person for whom he acts and subsequently by arrangement with his client lends the money and executes or signs the security in his own name or the name of a nominee company of which he or his partner is a director, he or such nominee company being in fact trustee or agent for the person aforesaid; or (b) when the solicitor contributes portion of the money in fact lent, and arranges and obtains the remaining portion from another person not being his partner as a solicitor, not being a co-trustee with him in relation to the money lent. 276. In either of the foregoing cases a charge for negotiating or procuring an agreement for a loan may be made at the rate prescribed in Part A in respect of the amount so obtained from such other person. NOTE: If a solicitor negotiates for or procures an agreement for the renewal of a loan from such other person he shall not in respect thereof be entitled to charge remuneration in accordance with item 272 and his charge shall be 0.5 per centum upon the amount of the renewed loan. Sch. 4 -- 33 of 34 -- S.R. No. 129/1996 Solicitors' Remuneration Order 33 Dated this 7th day of November 1996. GEOFFREY M. EAMES J. R. J. GARLICK R. R. MADDOCK D. J. DENBY J. H. Y. SYME ═══════════════ Sch. 4 -- 34 of 34 --