Victorian Numbered Regulations Victorian Numbered RegulationsAPPENDIX B
WITNESSES' EXPENSES AND INTERPRETERS' ALLOWANCES
r. 4
WITNESSES' EXPENSES
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1. Professional person including pharmaceutical and analytical chemists, psychologists, actuaries, valuers and accountants (carrying on business as principals) |
per hour or part thereof necessarily absent from professional rooms or place
of business (during normal hours of business), |
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2. Person other than a professional person who is engaged in business as a principal on his or her own behalf |
$100 per hour, or such fee as is reasonable in the circumstances but not in any event to exceed $335 per half day or part thereof or $602 in any one day |
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3. Any other witness |
per day, $100 |
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But if the witness is remunerated in any employment by wages, salary or fees |
the amount lost by the attendance, but not in any event to exceed $335 per half day or part thereof or $602 in any one day |
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The Costs Court may allow in addition any appropriate necessary 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 expense, 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 and properly 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 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
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1. Attending professional, scientific or expert witness qualifying to give evidence, attending conference with solicitor or counsel |
$47 for each hour or part thereof but not in any event to exceed $291 in any one day |
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2. Attending court |
for absence from place of residence or business $167 for four hours or less and thereafter $47 per hour, or part thereof, but not in any event to exceed $291 in any one day |
The Costs Court may allow a country interpreter, in addition to the above allowances, 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.
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Dated: 26 November 2009
M. L. WARREN, C.J.
PETER BUCHANAN, J.A.
DAVID ASHLEY, J.A.
ROBERT REDLICH, J.A.
MARK WEINBERG, J.A.
PHILIP MANDIE, J.A.
BERNARD D. BONGIORNO, J.A.
DAVID BYRNE, J.
D. L. HARPER, J.
H. R. HANSEN, J.
D. J. HABERSBERGER, J .
R. S. OSBORN, J.
SIMON P. WHELAN, J .
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
ELIZABETH CURTAIN, J.
PAUL COGHLAN, J.
ROSS ROBSON, J.
JACK FORREST, J.
LEX LASRY, J.
JAMES JUDD, J .
PETER VICKERY, J .
EMILIOS KYROU, J .
DAVID F. R. BEACH, J .
JENNIFER DAVIES, J .
TERRY FORREST, J.
KARIN EMERTON, J.
IAIN ROSS, J.
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