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Scale of Fees for Civil Law Matters - All Courts For work done from I July 1996 Table of fees All Courts (except Local and Family Court) and Nominated Tribunals Nominated Tribunals are the Commercial Division of the Fair Trading Tribunal, the Equal Opportunity Division of the Administrative Decisions Tribunal and the 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 pursuant to 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 ITEMISED RATES (which are derived from the hourly rates). Hourly Rates There are two rates based on the following hourly rates: 1. $200.00 per hour (or $220.00 per hour where time is spent in a hearing as an advocate). This rate applies - i. where costs are awarded in favour of the legally assisted person; or ii. where there is a component for costs included in the successful settlement. 2. $120.00 per hour (or $150.00 per hour where time is spent in a hearing as an advocate). This rate applies - i. in a jurisdiction where costs are not awarded; ii. where proceedings are discontinued (except where costs are agreed to be paid in favour of the legally assisted person); iii. where costs are not awarded in favour of the legally assisted person; iv. where the matter is concluded unsuccessfully; v. where there is no component for costs included in the successful settlement; vi. 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; vii. 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 viii. where payment of interim accounts is requested by the practitioner. Work done by a clerk may be claimed at 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 $120.00 per hour is appropriate. Column B should be used where the hourly rate of $200.00 per hour is appropriate.
September 1996 |
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