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SUPREME COURT (CHAPTER I APPENDICES A AND B AMENDMENT) RULES 2022 (SR NO 133 OF 2022) - REG 19

COUNSEL'S FEES

(1)     Subject to paragraphs (2), (3) and (4), such fees as are allowed up to a maximum of—

        (a)     appearances—

              (i)     on trial or appeal (daily fee)

              (ii)     any other appearance (per half day for time spent in the hearing)

        (b)     other matters (for each hour)

        (c)     preparation (for each hour)

        (d)     conferences (not occurring on day of hearing) (for each hour)

        (e)     views (for each hour)

        (f)     drawing or settling documents (for each hour)

        (g)     opinions, advices (for each hour)

        (h)     any other work, not otherwise provided for (for each hour)

Junior Counsel


$6534.00


$3267.00

$653.00

$653.00



$653.00

$653.00


$653.00


$653.00



$653.00

Senior Counsel


$9800.00


$4900.00

$980.00

$980.00



$980.00

$980.00


$980.00


$980.00



$980.00

(2)     Circuit fees are additional and are to be based on current allowances as provided for in Schedule 1 to Chapter I of the Rules of the County Court.

(3)     In allowing a fee to Counsel, the Costs Court shall have regard to the following criteria—

        (a)     all criteria in item 17; and

        (b)     the other fees and allowances to Counsel in the matter; and

        (c)     payments made for interlocutory work where that work has reduced the work which would otherwise have been necessary in relation to the brief; and

        (d)     the standing of Counsel.

(4)     Where costs are taxed pursuant to an order of the Supreme Court, Counsel's fees in excess of scale are not to be allowed unless the Supreme Court otherwise orders, but in any other case the Costs Court has discretion to allow fees in excess of scale.


Appendix B—Supreme Court witnesses' expenses and interpreters' allowances

The charges in this Scale apply on and after 1 January 2023 and are exclusive of any GST chargeable.

WITNESSES' EXPENSES

Item and Description

Amount

1.     A person engaged as an expert pursuant to Order 44 or a professional person including accountants, actuaries, analytical chemists, architects, economists, IT consultants, legal practitioners, medical practitioners, medical specialists or consultants, pharmaceutical chemists, psychologists, valuers and similar persons for preparing and giving evidence as an expert or as a witness of fact—

        (a)     per hour or part thereof reasonably absent from professional rooms or place of business

        (b)     but in any event not to exceed in any one day.








$315.00
to $628.70

$3770.50

2.     Person other than a professional person who is engaged in business as a principal on that person's own behalf—

        (a)     per hour or part thereof

        (b)     but in any event not to exceed in any one day.


$251.50
to $503.00

$2263.10

3.     Any other witness—

        (a)     per day

        (b)     but if the witness is remunerated in any employment by wages, salary or fees, the amount lost by the attendance but in any event not to exceed in any one day.

$180.00




$878.80

The Costs Court may allow in addition any appropriate reasonable expense incurred by the witness, e.g. child minding expenses.

A witness attending in more than one proceeding shall be entitled to a proportionate part only of the expense of the proceeding.

The Costs Court may allow a country witness, in addition to the above expenses, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance or sustenance. For this purpose, a witness who does not reside within 50 kilometres of the place of trial or hearing is a country witness.

Where a witness gives evidence as an expert, the Costs Court may allow an amount reasonably incurred and paid to the witness for qualifying to give that evidence.

Notwithstanding anything in the above scale, the Costs Court may allow to an expert witness a special fee for any attendance at the Supreme Court not covered by the scale when the witness assists counsel or solicitors as an expert for a period during the trial or hearing.

Nothing in the scale shall affect the existing practice of allowing qualifying fees to witnesses.

INTERPRETERS' ALLOWANCES

Item and Description

Amount

4.     Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel—

        (a)     per hour or part thereof reasonably absent from professional rooms or place of business

        (b)     but in any event not to exceed in any one day.




$88.60

$616.70

5.     Attending Supreme Court—

        (a)     for absence from place of residence or business for four hours or less

        (b)     and for each hour or part thereof in excess of four hours

        (c)     but in any event not to exceed in any one day.


$352.00


$88.60

$616.70

The Costs Court may allow a country interpreter, in addition to the above allowance, a reasonable sum for the actual expense of travel to and from the place of trial or hearing and for maintenance and sustenance. For this purpose, an interpreter who does not reside within 50 kilometres of the place of trial or hearing is a country interpreter.

Notwithstanding anything in the above scale, the Costs Court may allow an increased amount to a professional interpreter in special circumstances.

".

Dated:     16 December 2022

KARIN EMERTON, P.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

S. G. E. MCLEISH, J.A.

R. NIALL, J.A.

M. L. SIFRIS, J.A.

MAREE KENNEDY, J.A.

LESLEY TAYLOR, J.A.

ANTHONY CAVANOUGH, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

MICHAEL MCDONALD, J.

RITA INCERTI, J.

JANE DIXON, J.

A. J. KEOGH, J.

M. N. CONNOCK, J.

MELINDA RICHARDS, J.

S. J. MOORE, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

JAMES GORTON, J.

MICHAEL OSBORNE, J.

STEPHEN O'MEARA, J.

RICHARD ATTIWILL, J.

AMANDA FOX, J.

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