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Scale of Fees for Civil Law Matters - Local Courts For work done on or after I July 1996 Table of fees Local Court and other Tribunals Other tribunals are all tribunals except Commercial Tribunal, Administrative Appeals Tribunal, Equal Opportunity Tribunal and Human Rights and Equal Opportunity Commission. "Legal Practitioners" includes solicitors and counsel whether practising in NSW or interstate. Legal Practitioners (and their authorised agents) will be paid 80% of the amount assessed under the appropriate rates for professional costs and 100% of allowed disbursements. These rates include an allowance for skill, care and responsibility and no additional allowance will be permitted. Senior counsel will be allowed 150% (payable at 80%) of the appropriate rate unless otherwise agreed with the Commission prior to the work being undertaken. The fee rates provide for Hourly Rates and for ltemised Rates (which are derived from the hourly rates). · When advising a client of the estimated cost of the proceedings under Part II Legal Profession Act, legal practitioners should have regard to the hourly rates. · At the conclusion of the matter a legal practitioner may choose to submit an account in accordance with either the hourly rate or itemised rate (which is derived from the hourly rate). Hourly Rates There are two rates based on the following hourly rates: 1. $180.00 per hour (or $200.00 per hour where time is spent in a hearing as an advocate). This rate applies:
(b) where there is a component for costs included in the successful settlement. 2. $105.00 per hour (or $130.00 per hour where time is spent in a hearing as an advocate). This rate applies:
(b) where proceedings are discontinued (except where costs are agreed to be paid in favour of the legally assisted person); (c) where costs are not awarded in favour of the legally assisted person; (d) where the matter is concluded unsuccessfully; (e) where there is no component for costs included in the successful settlement; (f) where the solicitor's retainer is terminated prior to the conclusion of the proceedings and the solicitor requires payment of costs by the Commission prior to releasing the file; (g) where costs are awarded in favour of the legally assisted person but are not able to be recovered from the party ordered to pay those costs; or Work done by a clerk may be claimed as one-third of the practitioner's rate. Itemised rates - Work done on or after I July 1996 Column A should be used where the hourly rate of $105.00 per hour is appropriate. Column B should be used where the hourly rate of $180.00 per hour is appropriate.
September 1996 |
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