this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Practice Notes

Every Issue

Cite as: (2003) 77(4) LIJ, p.73

Federal Court

National guide to counsel fees 2003
The following guide may be applied by taxing officers of the Federal Court when making an estimate pursuant to O.62 r46 of the Federal Court Rules or on taxation of a party and party bill of costs.

In many cases the range of fees in this guide will bear no relationship to the amounts that members of the Bar actually charge as a fee on an hourly rate.

Where, for example, by reason of the number, difficulty and/or complexity of the questions of law or fact involved, the time required for preparation for the hearing is substantially extended beyond what might be regarded as “average”, a taxing officer may determine that a fee at or above the upper end of the range may be appropriate. In particular cases, the standing and experience of the counsel concerned may also be a relevant matter for consideration. Similarly, where the matter is not complex or difficult, a fee at or towards the lower end of the range may be appropriate.

The amounts listed are not to be regarded as limiting the taxing officers’ discretion to allow higher or lower fees if it is considered appropriate.

Warwick Soden
Registrar
13 December 2002

Applications/Appeals
Fee on brief (including preparation at discretion of taxing officer and appearance on the first day of a hearing)

Junior Counsel $900 – $3600
Senior Counsel $1500 – $5500

or Appearance at hearing (daily rate including conference)

Junior Counsel $650 – $3000
Senior Counsel $1500 – $4500

Interlocutory applications
Motion/interlocutory hearing – short (up to 2 hours)

Junior Counsel $250 – $1500
Senior Counsel $500 – $3000

Motion/interlocutory hearing – long (2 hours plus)

Junior Counsel $300 – $2250
Senior Counsel $600 – $4500

Other

Hourly rate for:

  • directions hearing;
  • preparation time;
  • conferences (not occurring on day of hearing);
  • settling applications, statements of claim, affidavits, defence, other documents;
  • opinions, advice on evidence;
  • written submissions (where not allowed above);
  • attending to receive judgment (where appropriate);
  • not otherwise provided for.

Junior Counsel $200 – $350
Senior Counsel $300 – $550


Supreme Court

Admiralty List

Practice Note No 5 of 2002
The Chief Justice has authorised the issue of the following practice note.

1. Admiralty proceedings will be managed in a specialist list by the Judge in Admiralty. Admiralty proceedings comprise:

  • commonwealth proceedings, that is, proceedings in the Court to which the Admiralty Act 1988 (Cth) (the Commonwealth Act) and the Admiralty Rules 1988 (Cth) (the Commonwealth Rules) apply; and
  • other shipping cases in the Court of a kind specified in Chapter VII r1.06 (other shipping cases).

2. Practitioners are advised that Chapter VII – Supreme Court (Admiralty) Rules 2000 came into operation on 1 July 2000. For the purposes of r4 of the Commonwealth Rules:

(a) the Prothonotary is, subject to paras (b) and (c) below, authorised by Chapter VII r2.04(1) of the Rules of the Supreme Court to exercise the powers and functions and to perform the duties conferred or imposed on the registrar by the Commonwealth Rules;

(b) a master is authorised by Chapter VII r2.04(3) to exercise the powers and functions and to perform the duties of registrar conferred or imposed by rls 51 and 56 and Part IX of the Commonwealth Rules;

(c) the taxing master is authorised by Chapter VII r2.04(4) to exercise the powers and functions and to perform the duties of registrar conferred or imposed by r72(1) of the Commonwealth Rules; and

(d) the sheriff and the deputy sheriff are persons appointed by the Court to be a marshal for the purpose of exercising the powers and functions and performing the duties conferred or imposed on the marshal by the Commonwealth Rules.

3. Commonwealth proceedings will be entered in the list and conducted under the management of the Judge in Admiralty in accordance with the Commonwealth Rules and the forms contained in the schedule to those Rules and, subject to the Commonwealth Act and the Commonwealth Rules, in accordance with Chapter VII of the Rules of the Supreme Court. All documents filed in these proceedings must be marked in the top left-hand corner of the title page “In Admiralty” as required by r5(1) of the Commonwealth Rules.

4. Other shipping cases may be entered in the list at the option of the plaintiff in accordance with Chapter VII r3.02(2) or by order of the Judge in Admiralty pursuant to Chapter VII r3.02(4). Documents filed in such proceedings shall be marked in the top left-hand corner of the title page “In the Admiralty list”.

5. Practitioners in a managed list must expect that their proceeding will be managed. Nevertheless, they are encouraged to agree on directions which they consider appropriate. Where consent directions or a consent adjournment for good reason are sought, practitioners should submit by fax to his Honour’s associate one clear day before the directions day a note of the proposed order and, where appropriate, the reason for it. His Honour will advise them whether the proposed order will be made or whether an appearance will be required. Practitioners are reminded that such consent orders may not be made by the Prothonotary (see Chapter I r59.06(8)).

6. Admiralty proceedings will be managed on summons for directions returnable before the Judge in Admiralty. An appointment for the return of summonses for directions or for the hearing of any application in an admiralty proceeding may be obtained from the associate to the Judge in Admiralty.

Admiralty List Users Group
7. His Honour meets from time to time with a users group representing legal and other practitioners concerned with admiralty matters. The purpose of these meetings is to provide an avenue for considering criticisms and any suggestions as to the improvement of the management and disposition of admiralty cases in the Court. Practitioners wishing to offer criticisms or suggestions may address themselves on a confidential basis to any member of this group. Current members are:

  • Paul Willee QC, Clerk S, Owen Dixon Chambers West, 205 William Street, Melbourne 3000, tel 9225 7564, fax 9225 7884, email willeeqc@vicbar.com.au.
  • Michael Thompson, Clerk S, Joan Rosanove Chambers, 550 Lonsdale Street, Melbourne 3000, tel 9225 8723, fax 9225 8808, email thompsonmw@vicbar.com.au.
  • Hazel Brasington, C/- Blake Dawson Waldron, 101 Collins Street, Melbourne 3000, tel 9679 3000, fax 9679 3111, email hazel.brasington@bdw.com.au.
  • Ron Salter, C/- Phillips Fox, 120 Collins Street, Melbourne 3000, tel 9274 5000, fax 9274 5111, email ron.salter@phillipsfox.com.
  • Andrew Tulloch, C/- Phillips Fox, 120 Collins Street, Melbourne 3000, tel 9274 5000, fax 9274 5111, email andrew.tulloch@ phillipsfox.com.
  • Andrew Panna, Clerk P, Owen Dixon Chambers West, 205 William Street, Melbourne 3000, tel 9225 7643, fax 9670 4676, email akpanna@vicbar.com.au.
  • Damien Cremean, Deputy President, Domestic Building List, VCAT, 55 King Street, Melbourne 3000, tel 9628 9955, fax 9628 9791, email damien.cremean@justice.vic.gov.au.
  • David Roylance, C/- Middletons, Level 29, 200 Queen Street, Melbourne 3000, tel 9205 2000, fax 9205 2055, email david_roylance@middletons.com.au.
  • Robert Tuck, C/- Ebsworth & Ebsworth, Level 10, 565 Bourke Street, Melbourne 3000, tel 8624 2000, fax 8624 2031, email rtuck@ebsworth.com.au.

8. The associate to the Judge in Admiralty is Liza Powderly, tel 9603 6358, fax 9670 8408, email Liza.Powderly@supremecourt.vic.gov.au.

9. This practice note is in substitution for Practice Note No 5 of 1995 dated 28 September 1995, [1995] 2 VR 560.

AR Traves
Senior Associate to the Chief Justice
16 December 2002


Land Registry

Subdivision (Body Corporate) Regulations 2001

From 1 February 2003, a post office box or “care of” address will no longer be recorded as an address for a body corporate. This is in line with Land Registry’s practice relating to other registered proprietors. The reason for this change is that it is not possible to serve court papers on a post office box.

Barbara Flett
Registrar of Titles
16 December 2002

Certification of copy probates and letters of administration

A copy of a probate or letters of administration may be certified by a legal executive provided the following execution clause is set out:

Certified by


____________

____________

Signed

Name

Being a current Fellow of the Institute of Legal Executives (Victoria)

And either

  • being in the sole and permanent employ of XYZ Solicitors of (address)* or
  • being a current member of the Australian Institute of Conveyancers (Victorian Division)*

* strike out whichever is not applicable

Barbara Flett
Registrar of Titles
29 January 2003


State Revenue Office

Duties Act forms
During December 2002 and January 2003 the State Revenue Office (SRO) updated some of the forms used to meet the requirements of the Duties Act 2000.

These forms are: (Number/Title)

1  Statement of goods transferred with residential land
5  Refurbished lots statutory declaration
6  Nominee statutory declaration
7  Duty benefits for first home owners with families (pre 01/07/02)
7A  Duty benefits for first home owners with families (post 01/07/02)
8  Duty benefits for home owners with concession cards (pre 01/07/02)
8A  Duty benefits for home owners with concession cards (post 01/07/02)
10  Transfers between domestic partners
12  Primary production statement
13  Family farm exemption statutory declaration
14  Statement of change of beneficial ownership of dutiable property
18  Refinancing of mortgage statutory declaration
19  Multi-state mortgage statement

The use of the revised version of these forms is not mandatory until 1 July 2003.

However, in the interim you are encouraged to use the updated versions to expedite processing, particularly in the case of Forms 7, 7A, 8, 8A and 12. The revised first home owner and concession card holders forms now more fully describe the documentation to be submitted with applications. The revised primary production statement provides for the optional base value method for calculating the value of certain non-dutiable water entitlements, as explained in Bulletin D4 published in October 2002.

The revised forms are available on the SRO website http://www.sro.vic.gov.au.

31 January 2003

Comments




Leave message



 
 Security code
 
LIV Social
Footer