Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 63.73

Barrister and solicitor

    (1)     This rule applies where a legal practitioner acts in both capacities as a barrister and solicitor, or appears as a barrister instructed by a partner, employee, fellow employee or employer.

    (2)     An allowance in accordance with rule 63.40(5)(e) shall be allowed to a legal practitioner to whom subrule (1) of this rule refers and who appears as counsel.

    (3)     The allowance for counsel's fees in a case to which subrule (2) refers shall, subject to subrule (4):

        (a)     in the case of a legal practitioner who briefs himself as counsel – be three-quarters; and

        (b)     in the case where a partner, employee, fellow employee or employer is briefed – be five-sixths,

of what would otherwise be allowed to counsel.

    (4)     An Associate Judge may allow a legal practitioner who appears as counsel and to whom subrule (3) applies a larger fee for so appearing and, in doing so, shall have regard to the matters referred to in rule 63.72(3) as far as they are applicable.

    (5)     A legal practitioner to whom subrule (3) refers is entitled, for each refresher in a trial, to a fee equal to what would have been allowed to an independent counsel in the same circumstances.



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