County Court (Chapter I Costs Amendment) Rules 2014
S.R. No. 150/2014
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Definitions
6Copies on request
7Inspection of documents referred to in affidavit of documents
8Definitions and application
9Rule 63A.05 substituted
63A.05Costs to be taxed by Costs Court
10Default judgment
11Rule 63A.17 substituted
63A.17Amendment
12Rule 63A.20 substituted and new Rule 63A.20.1 inserted
63A.20Interlocutory application
63A.20.1Taxation of costs on interlocutory application orhearing
13Rule 63A.22 substituted
63A.22Costs reserved
14Evidence transcript costs
15Costs liability of lawyer
16Rule 63A.28 substituted
63A.28Bases of taxation
17Party and party basis
18Rule 63A.30 substituted
63A.30Standard basis
19Rules 63A.31 substituted
63A.31Usual basis of taxation
20Where solicitor and client basis applicable and party as trustee
21Costs and fees
22Heading to Part 5 of Order 63A amended
23New Rule 63A.44 inserted
63A.44Charge of legal practitioner for work done out of Victoria
24Discretionary costs
25Rules 63A.52, 63A.53 and 63A.54 revoked
26Rules 63A.59 to 63A.61 substituted
63A.59Basis of taxation of costs payable by client
63A.60Taxation between solicitor and client
63A.61Basis of taxation of costs payable otherwise than by client
27Rule 63A.72 substituted
63A.72Increase or decrease of amounts in Scale
28Rule 63A.82 substituted and new Part 8 inserted
63A.82Hearing and trial fees
Part 8—TRANSITIONAL PROVISIONS
63A.83Transitional provision—County Court (Chapter I Costs Amendment) Rules 2014
29Scale of costs
30Schedule 1 amended
31New Schedule 2 inserted
SCHEDULE 2—Witnesses' Expenses and Interpreters' Allowances
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ENDNOTES
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S.R. No. 150/2014
County Court (Chapter I Costs Amendment) Rules 2014
statutory rules 2014
S.R. No. 150/2014
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S.R. No. 150/2014
County Court (Chapter I Costs Amendment) Rules 2014
County Court Act 1958
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S.R. No. 150/2014
County Court (Chapter I Costs Amendment) Rules 2014
County Court (Chapter I Costs Amendment) Rules 2014
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S.R. No. 150/2014
County Court (Chapter I Costs Amendment) Rules 2014
A majority of the Judges of the County Court makes the following Rules:
1Object
The object of these Rules is to amend Chapter I of the Rules of the County Court in relation to costs.
2Authorising provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 6 October 2014.
4Principal Rules
In these Rules, the County Court Civil Procedure Rules 2008[1] are called the Principal Rules.
5Definitions
In Rule 1.13(1) of the Principal Rules insert the following definition—
"County Court costs scale means a fee, charge or amount that is 80 per cent of the applicable rate set out in AppendixA to Chapter I of the Rules of the Supreme Court;".
6Copies on request
r. 6
In Rule 27.05(1) of the Principal Rules, for "rateset forth in Appendix A" substitute "County Court costs scale".
7Inspection of documents referred to in affidavit of documents
In Rule 29.09(6)(b) of the Principal Rules, for "inAppendix A" substitute "at the County Court costs scale".
8Definitions and application
(1)In Rule 63A.01(1) of the Principal Rules, in the definition of costs, after "disbursements" insert "and reasonable costs of recording and transcript".
(2)After Rule 63A.01(4) of the Principal Rules insert—
"(5)For the purposes of this Order, a reference in Appendix A of Chapter I of the Rules of the Supreme Court to the Supreme Court is taken to be a reference to the County Court.".
9Rule 63A.05 substituted
For Rule 63A.05of the Principal Rules substitute—
"63A.05 Costs to be taxed by Costs Court
Unless the Court otherwise orders, costs to be taxed in accordance with this Order shall be taxed in the Costs Court.".
10Default judgment
In Rule 63A.08(1) of the Principal Rules, for "theappropriate scale in Appendix A" substitute "the County Court costs scale".
11Rule 63A.17 substituted
r. 11
For Rule 63A.17 of the Principal Rules substitute—
"63A.17 Amendment
Where a pleading is amended (whether with or without leave) the costs of and occasioned by the amendment and the costs of any application for leave to make the amendment are the parties' costs in the proceeding, unless the Court otherwise orders.".
12Rule 63A.20 substituted and new Rule 63A.20.1 inserted
For Rule 63A.20 of the Principal Rules substitute—
"63A.20 Interlocutory application
Where an interlocutory or other application is made in a proceeding and—
(a)no order is made on the application; or
(b)the order made is silent as to costs—
the costs are the parties' costs in the proceeding, unless the Court otherwise orders.
63A.20.1 Taxation of costs on interlocutory application or hearing
If an order for costs is made on an interlocutory application or hearing, the party in whose favour the order is made shall not tax those costs until the proceeding in which the order is made is completed, unless the Court orders that the costs may be taxed immediately.".
13Rule 63A.22 substituted
r. 13
For Rule 63A.22 of the Principal Rules substitute—
"63A.22 Costs reserved
Where by order of the Court the costs of any interlocutory or other application, or of any step in a proceeding, are reserved, the reserved costs are the parties' costs in the proceeding, unless the Court otherwise orders.".
14Evidence transcript costs
Rule 63A.22.1 of the Principal Rules is revoked.
15Costs liability of lawyer
(1)In Rule 63A.23(4) of the Principal Rules, for "Registrar" substitute "Costs Court".
(2)Rule 63A.23(5) of the Principal Rules is revoked.
16Rule 63A.28 substituted
For Rule 63A.28 of the Principal Rules substitute—
"63A.28 Bases of taxation
Subject to this Part, costs in a proceeding which are to be taxed shall be taxed on—
(a)a standard basis;
(b)an indemnity basis; or
(c)such other basis as the Court may direct.".
17Party and party basis
Rule 63A.29 of the Principal Rules is revoked.
18Rule63A.30 substituted
r. 18
For Rule 63A.30 of the Principal Rules substitute—
"63A.30 Standard basis
On a taxation on a standard basis, all costs reasonably incurred and of reasonable amount shall be allowed.".
19Rules 63A.31substituted
For Rule63A.31of the Principal Rules substitute—
"63A.31 Usual basis of taxation
Except as provided by these Rules or any order of the Court, including the Costs Court, costs shall be taxed on the standard basis.".
20Where solicitor and client basis applicable and party as trustee
Rules 63A.32 and 63A.33 of the Principal Rules are revoked.
21Costs and fees
(1)In Rule 63A.34A(1)(a) of the Principal Rules, for "Scale of Costs contained in Appendix A" substitute "County Court costs scale or the relevant Scale of Costs".
(2)For Rule 63A.34A(3) and (4) of the Principal Rules substitute—
"(3) Witnesses' expenses and interpreters' allowances shall be fixed in accordance with the scale in Schedule 2.".
22Heading to Part 5 of Order 63A amended
In the heading to Part 5 of Order 63A of the Principal Rules omit "PARTY AND PARTY".
23New Rule 63A.44 inserted
r. 23
After Rule 63A.38 of the Principal Rules insert—
"63A.44 Charge of legal practitioner for work done out of Victoria
Where a bill includes a charge for work done out of Victoria by a legal practitioner—
(a) so far as is practicable, the charge shall, if allowed, be allowed in an amount appropriate to the place where the work was done; and
(b)except where the work was done by a legal practitioner who is a member of, or employed by, the same legal practice, the charge shall be shown as a disbursement.".
24Discretionary costs
(1)In Rule 63A.48(1) of the Principal Rules, for "Appendix A shall be allowed at the discretion of the Registrar or the Costs Court"substitute "theCounty Court costs scale shall be allowed at the discretion of the Costs Court".
(2)For Rule 63A.48(2) of the Principal Rules substitute—
"(2)In exercising the discretion under paragraph(1), the Costs Court shall have regard to the following—
(a)the complexity of the matter;
(b)the difficulty or novelty of the questions involved in the matter;
(c)the skill, specialised knowledge and responsibility involved and the time and labour expended by the legal practitioner;
(d)the number and importance of the documents prepared and perused, regardless of length;
(e)the amount or value of money or property involved;
(f)research and consideration of questions of law and fact;
(g)the general care and conduct of the legal practitioner, having regard to the instructions and all relevant circumstances;
(h)the time within which the work was required to be done;
(i) allowances otherwise made in accordance with the County Court costs scale;
(j)any other relevant matter.".
25Rules 63A.52, 63A.53 and 63A.54 revoked
r. 25
Rules63A.52, 63A.53 and 63A.54 of the Principal Rules arerevoked.
26Rules 63A.59 to 63A.61 substituted
For Rules 63A.59 to 63A.61 of the Principal Rules substitute—
"63A.59 Basis of taxation of costs payable by client
Subject to Rule 63A.60, costs payable to a solicitor by the solicitor's client to which this Part applies shall, subject to any Act or any order of the Court or any agreement between the solicitor and the client, be taxed on the standard basis as defined by Rule 63A.30.
63A.60 Taxation between solicitor and client
(1)Costs not reasonably incurred or not of reasonable amount may nevertheless be allowed to a solicitor against a client if—
(a)the costs were incurred with the authority of or the amount was authorised by the client; and
(b)before the costs were incurred the solicitor expressly warned the client that the costs might not be allowed on a taxation of costs as between party and party.
(2)An authority for the purpose of this Rule may be express or implied.
(3)Where the client is a person under disability, references to the client in paragraph (1) include references to the litigation guardian of the client.
63A.61Basis of taxation of costs payable otherwise than by client
Costs payable to a solicitor by a person other than the client to which this Part applies shall, subject to any Act or any order of the Court or any agreement between that person and the client, be taxed on the standard basis as defined by Rule 63A.30.".
27Rule 63A.72 substituted
r. 27
For Rule 63A.72 of the Principal Rules substitute—
"63A.72 Increase or decrease of amounts in Scale
In any particular taxation of costs, theCourt or the Costs Court may increase or decrease the amount or value of any allowance or expense in the County Court costs scale or Schedule 2 as the Court or the Costs Court thinks fit.".
28Rule 63A.82 substituted and new Part 8 inserted
r. 28
For Rule 63A.82 of the Principal Rules substitute—
"63A.82 Hearing and trial fees
(1)Despite the provisions of any applicable scale, the fees payable to counsel to appear at a hearing or trial shall be at the discretion of the Court or the Costs Courtwhich may fix such fees—
(a)on the basis of daily fees;
(b)as a lump sum fee covering the whole of the hearing or trial; or
(c)on such other basis as the Court or the Costs Court considers appropriate.
(2)Where such fees are fixed on the basis of daily fees—
(a)the daily fee for the second or any subsequent day of the hearing or trial shall, unless the Court or the Costs Court determines otherwise by reason of the special circumstances of the case, include all time spent by counsel in preparation and conferences on that day of the hearing or trial as well as the actual time spent by counsel in Court on the hearing or trial on that day; and
(b)theCourt or the Costs Court may allow differing amounts in respect of various days of the hearing or trial.
Part 8—TRANSITIONAL PROVISIONS
63A.83 Transitional provision—County Court (Chapter I Costs Amendment) Rules 2014
For the avoidance of doubt, these Rules, as amended by the CountyCourt (Chapter I Costs Amendment) Rules 2014, apply to all things done or required to be done or omitted to be done on or after 6 October 2014 in, or in relation to, any proceeding in the Court, including the Costs Court (including all work and all amendments, applications and orders), regardless of the date of commencement of the proceeding.".
29Scale of costs
r. 29
Appendix A to the Principal Rules is revoked.
30Schedule 1 amended
The note at the foot of Schedule 1 to the Principal Rules is revoked.
31New Schedule 2 inserted
After Schedule 1 to the Principal Rules insert—
"SCHEDULE 2
Witnesses' Expenses and Interpreters' Allowances
The charges in this Scale are exclusive of any GST chargeable.
1Witnesses' expenses
(1)Witnesses giving evidence in an expert or professional capacity—$175.00–$352.00 per hour or part thereof, not exceeding $2189.00 per day.
(2)Persons not referred to in the preceding paragraph who are engaged in business as principals on their own behalf—$365.00 per half day or part thereof but not in any event to exceed $656.00 in any one day.
(3)Other witnesses—$108.00 per hour, provided that a witness who receives wages, salary, remuneration or fees may be allowed the amount actually lost by reason of attendance not exceeding $656.00 per day.
(4)Travelling expenses, if witnesses' residence or place of business is more than 7kilometres from place of hearing, the sum reasonably and actually paid.
(5)Witnesses attending in more than one case will be entitled to a proportionate part only in each case.
(6)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.
2Meals and accommodation of witnesses and transport costs
r. 31
(1)A reasonable sum to be fixed by the Costs Court.
(2)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.
3Interpreters' allowances
(1)Attending professional, scientific or expert witnesses qualifying to give evidence, attending conference with solicitor or counsel $74.00, or for each hour $52.00 but not in any event to exceed $317.00 in any one day.
(2)Attending court where the period of absence from the place of business or residence is 4hours or less, $182.00, and for each hour or part thereof in excess of 4 hours, $52.00, but not in any event to exceed $317.00 in any one day.
4Travelling, accommodation and meals of interpreters
A reasonable sum to be fixed by the Costs Court.".
Dated:1 October 2014
r. 31
M. ROZENES, Chief Judge / K. L. BOURKEG. R. ANDERSON / J. M. J. PATRICK
J. A. SMALLWOOD / P. G. LACAVA
S. M. COHEN / F. R. GUCCIARDO
M. E. SEXTON / M. GAMBLE
F. E. HOGAN / H. T. MASON
I. E. LAWSON / G. P. MULLALY
J. A. CAMPTON / K. E. KINGS
W. A. WILMOTH / J. D. MONTGOMERY
F. MILLANE / J. L. PARRISH
S. S. DAVIS / G. T. CANNON
F. P. HAMPEL / M. E. DEAN
J. G. MORRISH / J. F. CARMODY
D. A. PARSONS / R. J. H. MAIDMENT
A. J. HOWARD / R. H. SMITH
M. D. MURPHY / W. E. STUART
M. E. KENNEDY / D. G. BROOKES
D. L. ALLEN / J. A. JORDAN
P. G. MISSO
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S.R. No. 150/2014
County Court (Chapter I Costs Amendment) Rules 2014
ENDNOTES
Endnotes
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[1] Rule 4: S.R. No. 148/2008. Reprint No. 2 as at 1 January 2014. Reprinted to S.R. No. 167/2013. Subsequently amended by S.R. No. 100/2014.