Commonwealth Numbered Regulations - Explanatory Statements

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RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY 1992 NO.82

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 82

Issued by the Authority of the Judges of the Supreme Court of the Australian Capital Territory

AMENDMENT OF THE RULES OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

These amendments allow for the increase in the scale of costs chargeable by solicitors for litigious work. They follow acceptance of recent recommendations of the Federal Costs Advisory Committee. The Committee was established to advise the Judges of the Court on variations on the quantum of costs for solicitors which should be fixed in the Rules.

The last increase to the scale of solicitors' costs specified in the Fourth Schedule to the Supreme Court Rules was made on 1 December 1990. The present increase of 2.57% in the scale of costs takes into account increases in the Consumer Price Index between 30 June 1990 and 30 June 1991 and the increases in the Award Rates of Pay Index between 31 May 1990 and 31 July 1991. The Committee accepted that 37% of solicitors' gross fee costs were attributable to employees' wages and salaries, 35% to other overheads and the remaining 28% to partners' salaries and profit share. As a result of these findings the Committee has recommended an overall increase of 2.57%. The Judges of the Court have accepted this recommendation. The increase has been applied to the Scale of Costs in the Fourth Schedule to the Supreme Court Rules (except items 36 and 37, which relate to witness' fees and disbursements) for work done or services performed by a solicitor on or after 1 April 1992. This increase has also been applied to the costs provided for in Order 4 rule 6 in respect of claims for a debt or liquidated demand (except insofar as those costs include the disbursement of a Court filing fee) as well as to photocopying charges specified in Order 65 rule 7.


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