Australian Capital Territory

Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations
in force under the
Magistrates Court (Civil Jurisdiction) Act 1982
Republication No 4A
As in force on 31 August 1999
Includes all amendments up to Subordinate Law 1998 No 2

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
31 August 1999

Australian Capital Territory

Magistrates Court (Civil Jurisdiction (Solicitors’ Costs) Regulations
in force under the
Magistrates Court (Civil Jurisdiction) Act 1982
CONTENTS
	Page
	1	Citation	1
	2	Interpretation	1
	3	Prescribed costs to be specified in claim	3
	4	Prescribed costs on entry of default judgment on special claim	3
	5	Scale of costs—general	3
	7	Costs of ordinary claims—application of Supreme Court Rules	3
	8	Costs of special claims—application of Supreme Court Rules	3
	Schedule 1
	Scale of Solicitors’ Costs—Special Claims	2
	Schedule 2
	Scale of Solicitors’ Costs—general	4
	ENDNOTES
	1	About this republication	11
	2	About the republished subordinate law	11
	3	Abbreviation key	11
	4	Table of legislation	12
	5	Table of amendments	12
	6	Table of earlier republications	14

As in force on
31 August 1999

Australian Capital Territory

Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations
in force under the
Magistrates Court (Civil Jurisdiction) Act 1982
1	Citation
	These regulations may be cited as the Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations.
2 	Interpretation
	In these regulations—
 prescribed percentage means—
	(a)	where the relevant amount is less than $10,000—33%; or
	(b)	where the relevant amount is not less than $10,000 but is less than $25,000—67%; or
	(c)	where the relevant amount is not less than $25,000 but is less than $40,000—80%; or
	(d)	where the relevant amount is not less than $40,000—90%.
relevant amount has the same meaning as in section 259 of the Act.
Supreme Court Rules means the Rules of the Supreme Court of the Australian Capital Territory, as amended from time to time.
the Act means the Magistrates Court (Civil Jurisdiction) Act 1982.

3 	Prescribed costs to be specified in claim
	Subject to regulations 7 and 8, for the purposes of paragraph 18 (4) (c) of the Act, the prescribed costs are—
	(a)	in relation to a special claim—the costs ascertained in accordance with item 1 in Schedule 1; and
	(b)	in relation to an ordinary claim—the costs ascertained in accordance with item 1 in Schedule 2.
4 	Prescribed costs on entry of default judgment on special claim
	Subject to regulation 8, for the purposes of section 43 of the Act, the prescribed costs are the costs ascertained in accordance with the scale of costs set out in Schedule 1.
5 	Scale of costs—general
	Subject to regulation 7, for the purposes of section 259 of the Act, the prescribed scale of costs is the scale of costs set out in Schedule 2.
7 	Costs of ordinary claims—application of Supreme Court Rules
(1) 	In respect of work done or services performed on or after 1 January 1991 in relation to an ordinary claim—
	(a)	for the purposes of paragraph 18 (4) (c) of the Act—the prescribed costs are the amount referred to in Order 3, paragraph 2 (a) of the Supreme Court Rules multiplied by the prescribed percentage; and
	(b)	for the purposes of section 259 of the Act—the prescribed scale of costs is the scale set out in Schedule 4, multiplied by the prescribed percentage.
(2) 	In subregulation (1)—
Schedule  4 means Schedule 4 to the Supreme Court Rules.
8 	Costs of special claims—application of Supreme Court Rules
	In respect of work done or services performed on or after 1 January 1991, in relation to a special claim, the prescribed costs are—
	(a)	for the purposes of paragraph 18 (4) (c) of the Act—the amount referred to in Order 3, paragraph 2 (a) of the Supreme Court Rules multiplied by the prescribed percentage; and
	(b)	for the purposes of section 43 of the Act—the amount referred to in Order 3, subrule 3 (2) of the Supreme Court Rules multiplied by the prescribed percentage.

	Schedule 1	(See regs 3 and 4)
	Scale of Solicitors’ Costs—Special Claims
		Costs						
Item No.	Matter	Where relevant amount 
does not 
exceed $2,000	Where relevant amount 
exceeds $2,000 but does not exceed $5,000	Where relevant amount exceeds $5,000 
but does not exceed $10,000	Where relevant amount exceeds $10,000 but does not exceed $25,000	Where relevant amount exceeds $25,000 but does not exceed $40,000	Where relevant amount exceeds $40,000	
	Issue of special claim and entry of judgment by default	$	$	$	$	$	$	
1	Instructions to sue including letter before action, preparation and issuing of special claim and copies (To be entered on special claim)	67.10	84.35	112.45	126.50	134.95	151.80	
2	On entry of final judgment pursuant to section 41 of the Act—in addition to item 1 ............................	20.30	24.95	33.55	37.40	39.90	44.90	
	In addition where a special claim is served outside the Territory and an order is made by the court for leave to proceed in the proceedings ...................	20.30	24.95	33.55	37.40	39.90	44.90	

	Schedule 2	(See regs 3 and 5) 
	Scale of Solicitors’ Costs—general
		Costs						
Item No.	Matter	Where relevant amount 
does not 
exceed $2,000	Where relevant amount 
exceeds $2,000 but does not exceed $5,000	Where relevant amount exceeds $5,000 
but does not exceed $10,000	Where relevant amount exceeds $10,000 but does not exceed $25,000	Where relevant amount exceeds $25,000 but does not exceed $40,000	Where relevant amount exceeds $40,000	
	Issue of claim, notice of grounds of defence, reply, third party notice	$	$	$	$	$	$	
1	Instructions to sue including letter before action, preparation and issuing of claim and copies (To be entered on ordinary claim) ..........	92.95	116.30	154.60	174.45	186.05	209.35	
2	Instructions to defend, including perusal of particulars of claim, preparation of notice of grounds of defence, copies and filing ..............	77.30	96.80	128.75	145.20	154.85	174.25	
	In addition where cross-claim pleaded ...........	36.70	46.00	60.85	69.05	73.65	82.85	
3	Perusal of notice of grounds of defence (where necessary and where item 4 is not applicable) ...	6.25	8.60	10.90	12.90	13.80	15.50	
4	Instructions for reply, where necessary, including perusal of notice of grounds of defence, preparation of reply, copies and filing 	31.95	39.80	53.05	59.70	63.65	71.60	
	In addition where defendant sets up a cross-claim ...................................................	9.40	11.65	15.65	17.50	18.70	21.00	
5	Preparation of third party notice, or notice claiming contribution or indemnity, including filing and service ......................................	53.05	67.10	89.00	100.65	107.35	120.80	

	Particulars							
6	Request for further and better particulars including copies and perusal of further and better particulars ...............................................	15.65	20.30	26.50	30.45	32.45	36.50	
7	Preparing further and better particulars including copies, filing and service and perusal of request 	40.60	50.80	67.10	76.15	81.25	91.40	
	Discovery							
8	Notice for discovery including filing and service and perusal of affidavit of discovery ...............	28.10	35.15	46.80	52.70	56.20	63.25	
9	Affidavit of discovery including instructions, preparation, copies, attendances, filing and service ...................................................	81.15	101.45	135.80	152.15	162.30	182.60	
	Interrogatories							
10	Interrogatories for examination of 1 party including instructions, preparation, copies, filing, service and perusal of answers ..............	45.35	56.20	74.90	84.35	89.95	101.20	
11	Answers to interrogatories of 1 party including instructions, preparation, copies,
attendances, filing, service and perusal of interrogatories .........................................	59.30	74.90	99.95	112.40	119.85	134.85	

	Notices							
12	(a)	Notice to admit including copies, filing, service and perusal of admissions .............	26.50	32.75	43.75	49.15	52.40	58.95	
	(b)	Admissions including copies, filing, service and perusal of notice to admit ........	45.20	56.20	74.90	84.35	89.95	101.20	
13	Notice to produce at hearing including preparation and service ...............................	14.05	17.25	23.45	25.85	27.55	31.00	
14	Notice of payment into court or notice of acceptance including copies, filing and service 	35.95	44.55	59.30	66.80	71.25	80.20	
15	Any necessary notice undertaking consent or memorandum (not otherwise provided for) including copies, filing and service ................	17.10	21.10	28.10	31.60	33.75	37.95	
	Motions							
16	Notice of motion including instructions, preparation, copies, issuing and service ..........	42.15	53.05	70.25	79.55	84.85	95.50	
17	Instructions to oppose notice of motion including perusal of notice of motion .............	28.90	36.70	48.40	55.10	58.75	66.10	

	Affidavits							
18	Instructions for and preparation of any necessary special affidavit (not otherwise provided for) including attendances, copies, filing and service ......................................	53.05	66.30	89.00	99.45	106.10	119.35	
19	Affidavit of service, where necessary, including preparation and filing .................................	10.90	14.05	18.70	21.10	22.50	25.30	
	Setting down							
20	Certificate of readiness for hearing including letter requesting certification and attendance to file ........................................................	14.85	18.70	24.95	28.05	29.90	33.65	
	Summonses							
21	Summons to witness including issuing and necessary copies (for 1 person) ..................	9.40	11.65 	15.65	17.50	18.70	21.00	
	Second and subsequent summons (per person) ...	1.60	1.95	2.40	2.90 	3.10	3.45	
	Documents							
22	Instructions for and drawing of any necessary bond ......................................................	13.25	16.45	21.90	24.65	26.30	29.60	
23	Bill of costs for taxation, including copy for taxing officer, per folio ..............................	1.70	2.15	2.85	3.25	3.45	3.90	
24	Any necessary document not provided for under item 34 or otherwise, including a copy—per folio ......................................................	1.70	2.15	2.85	3.25	3.45	3.90	
	Copies							
25	Any necessary copies of pleadings, briefs and other documents where no other provision is made—per page ........................................	.55	.70	.90	1.00	1.10	1.20	
	Letters							
26	Ordinary letter (including letter between principal and agent), where no other provision is made ...................................................	4.65	6.25	7.80	9.35	9.95	11.20	
27	Special letter (including letter between principal and agent), where no other provision is made ..	9.40	11.65	15.65	17.50	18.70	21.00	
28	Circular letters after the first .........................	1.60	1.95	2.40	2.90	3.10	3.45	
	Service							
29	Personal service, where necessary ..................	14.05	17.30	23.45 	25.85	27.55	31.00	
30	Where service by post is authorised, where no other provision is made ..............................	5.45	7.05	9.40	10.55	11.25	12.65	
31	Where service at address for service, where no other provision is made ..............................	5.45 	7.05	9.40	10.55	11.25	12.65	
32	For arranging service out of the jurisdiction .....	9.40	11.65	15.65	17.50	18.70	21.00	
	Notes:
1. When any 2 or more documents have to be, or may be, served together 1 fee only for such service may be allowed.
2. The service under items 29 to 32 includes attendances as to service and for swearing the affidavit of service.							
	Perusals							
33	Perusal of any document not provided for in item 34 or otherwise—per folio ..........................	.80	.90	1.25	1.35	1.45	1.65	
	Preparation							
34	Instructions for brief for counsel or brief notes for solicitor, where necessary, for work necessarily and properly done in preparing for a hearing and not otherwise provided for, including preparation and delivery of 							
	brief to counsel (or brief notes for solicitor) and also including:							
	(a)	taking instructions for examination of any party or witness;
(b)	considering the facts and law;							
	(c)	attending on and corresponding with client;
(d)	interviewing and corresponding with witnesses and potential witnesses and taking proofs of their evidence;
(e)	making search in any public office and elsewhere for relevant documents;
(f)	arranging to obtain reports or advice from experts and maps, plans, photographs and models;							
	(g)	inspecting any property or place material to the proceedings;
(h)	perusing relevant documents; and
(i)	the general care and conduct of the proceedings ......................................	50.00 per hour or 500.00, whichever is less	62.45 per hour or 624.50, whichever is less	83.30 per hour or 833.00, whichever is less	93.70 per hour or 937.00, whichever is less	99.90 per hour or 999.00, whichever is less	112.40 per hour or 1,124.00, whichever is less	

	If because of special circumstances relating to a particular matter, any party considers that the amount of costs allowable under this item in respect of the matter is not sufficient remuneration for the care and conduct including skill and responsibility involved throughout the course of proceedings and in obtaining instructions for brief or brief notes the party may apply to the court and the court may increase that amount by fixing a higher hourly rate or higher maximum amount than the rate or maximum amount specified in this item or may give such directions as it thinks proper in all the circumstances.							
	Note:
This item should begin with a short statement of:
(i)	the main issues;
(ii)	any particular difficulties of fact or law; and
(iii)	any special skill, knowledge or responsibility required.							

	Attendances							
35	Attending court or magistrate’s chambers in defended matter:
(a)	principal solicitor with counsel, per hour; or ...................................................	37.40	46.80	62.45	70.20	74.90	84.25	
	(b)	employed solicitor or clerk with counsel, per hour ...........................................	26.50	32.75	43.75	49.15	52.40	58.95	
36	Attending court or magistrate’s chambers in undefended matter:
(a)	principal solicitor with counsel, per hour; or ...................................................	33.55	42.15	56.20	63.25	67.45	75.90	
	(b)	employed solicitor or clerk with counsel, per hour ...........................................	22.65	28.10	37.50	42.15	45.00	50.60	
37	On taxation of costs, per hour ......................	22.65	28.10	37.50	42.15	45.00	50.60	
38	In court to hear reserved judgment, with or without counsel, or to mention a matter for the purpose of adjournment or otherwise ..............	14.85	18.70	24.95	28.05	29.90	33.65	
39	Appointing and attending conference with counsel, when necessary, or attendances to produce documents for inspection or to inspect documents, where necessary, or on a view or on witnesses or other persons:
(a)	by principal solicitor if attendance warranted, per hour; or .........................	33.55	42.15	56.20	63.25	67.45	75.90	
	(b)	by employed solicitor or clerk, per hour ...	22.65	28.10	37.50	42.15	45.00	50.60	
40	Telephone attendance if of substance or importance (other telephone calls not allowed), where no other provision is made ..................	4.65	6.25	7.80	9.35	9.95	11.20	
41	Any necessary attendance not provided for in item 34 or otherwise ..................................	7.80	9.40	12.45	14.10	15.05	16.95	
	Counsel’s fees							
42	(1)  Where a solicitor briefs himself or herself as counsel—three-quarters of the fees set out in items 43 (e) and (g); or
(2)  Where a solicitor briefs his or her partner as counsel—five-sixths of the fees set out in item 43:							
43	(a)	For drawing or settling any necessary document including a claim, notice of grounds of defence, interrogatories, etc per hour ..........................................	64.00	80.00	106.65	120.00	128.00	144.00	
	(b)	To advise on evidence or for opinion, per hour ...............................................	64.00	80.00	106.65	120.00	128.00	144.00	
	(c)	Conference, when necessary, per hour .....	64.00	80.00	106.65	120.00	128.00	144.00	
	(d)	On view, per hour ..............................	64.00	80.00	106.65	120.00	128.00	144.00	
	(e)	Brief to appear on interlocutory application in court or in chambers
(i)	unopposed ...............................	76.00	95.00	126.65	142.50	152.00	171.00	
	(ii)	opposed ..................................	154.00-
324.00	192.50-405.00	256.65-540.00	288.75-607.50	308.00-648.00	346.50-729.00	

	(f)	To hear reserved judgment ..................	38.00-
64.00	47.50-
80.00	63.35-
106.65	71.25-120.00	76.00-128.00	85.50-144.00	
	(g)	Brief—
on hearing ......................................	282.40-
324.00	353.00-405.00	470.65-540.00	529.50-607.50	564.80-648.00	635.40-729.00	
	on assessments (where liability is not in issue) ...........................................	192.00-
244.00	240.00-305.00	320.00-406.65	360.00-457.50	384.00-488.00	432.00-549.00	
	Enforcement							
44	Application for certificate of judgment for registration in the Supreme Court including filing ....................................................	10.20	13.25	17.10	19.90	21.20	23.85	
45	Costs (to be included in amount of costs endorsed on writ) of obtaining a writ of execution, including documents and attendances	22.65	28.10	37.50	42.15	45.00	50.60	
46	Examination of judgment debtor as to debts owing to him or her and as to his or her property, including instructions, preparation of application for summons, filing and preparing necessary documents .................................	81.15	101.45	135.10	152.15	162.30	182.60	
47	Application for garnishee order under paragraph 299 (1) (b) of the Magistrates Court (Civil Jurisdiction) Act 1982 including instructions, preparation of application and affidavit in support, filing and obtaining order	46.80	58.60	78.10	87.90	93.75	105.50	

ENDNOTES
1	About this republication
This is a republication of the Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations as in force under the Magistrates Court (Civil Jurisdiction) Act 1982 on 31 August 1999.  It includes all amendments made to the regulations up to Subordinate Law 1998 No 2. 
Amending laws are annotated in the table of legislation and table of amendments. 
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover. 
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law. 
In preparing this republication, amendments have not been made under section 13. 
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. 
2	About the republished subordinate law
The Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth provided for the conversion of certain Commonwealth laws to Territory enactments after self-government.  The Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations  were originally made under the Court of Petty Sessions Ordinance 1982 now cited as the Magistrates Court (Civil Jurisdiction) Act 1982 and  became a Territory enactment on 1 July 1990.
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	

Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations
(prev...) Court of Petty Sessions (Civil 
Jurisdiction) (Solicitors’ Costs) Regulations	1982 No 31	3 Aug 1982	1 Sept 1982		
Magistrates Court Act 1985	Act 1985 No 67	19 Dec 1985	1 Feb 1986 (see Gaz 1986 No G3 
p 265)	ss 36 and 37	
	1986 No 3	4 June 1986	4 June 1986	r  2	
	1986 No 26	22 Dec 1986	22 Dec 1986	—	
	1987 No 14	2 Nov 1987	2 Nov 1987	—	
	1988 No 1	3 Feb 1988	3 Feb 1988	—	
	1988 No 5	4 May 1988	4 May 1988	—	
	1988 No 19	16 Nov 1988	16 Nov 1988	—	
	1988 No 24	14 Dec 1988	3 Jan 1989	r  5	
	1989 No 7	13 Apr 1989	13 Apr 1989	—	
	1990 No 20	21 Dec 1990	1 Jan 1991	—	
Magistrates Court (Enforcement of 
Judgments) Act 1994	Act 1994 No 61	11 Oct 1994	ss 1 and 2:  11 Oct 1994
remainder (ss 3-97):  10 Apr 1995		
	1998 No 2	16 Jan 1998	16 Jan 1998	—
	
5	Table of amendments

Provision	How affected*

reg 1	am 1985 No 67
reg 2	am 1985 No 67; 1990 No 20
regs 3-5	am 1990 No. 20
reg 6	ins 1986 No. 26
	am 1987 No 14; 1988 Nos 1 and 19
	om 1988 No 24
	ins 1989 No 7
	am 1990 No 20
	om R4 (LR s 15 (1) (o) (iv))
reg 7	ins 1987 No 14
	am 1988 Nos 1, 5 and 19
	om 1988 No 24
	ins 1990 No 20
	am 1998 No 2
reg 8	ins 1988 No 1
	am 1988 Nos 5 and 19
	om 1988 No 24
	ins 1990 No 20
	am 1998 No 2

reg 9	ins 1988 No 5
	am 1988 No 19
	om 1988 No 24
reg 10	ins 1988 No 19
	om 1988 No 24
Sch 1	sub 1986 No 3; 1988 No 24
Sch 2	am 1985 No 67
	sub 1986 No 3; 1988 No 24
	am 1994 No 61

6	Table of earlier republications
Republication No	Amendments  to	Republication date	
(1)	1990 No 20	31 October 1991	
(2)	Act 1994 No 61	10 April 1995	
(3)	Act 1994 No 61	31 May 1997	
4	SL 1998 No 2	31 August 1999	

©  Australian Capital Territory 1999

The Copyright Act 1968 of the Commonwealth permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.