Hearing Loss – Terms of Engagement (TAS)

The following terms apply to all hearing loss clients within Tasmania

Please click here if you are a South Australian resident.

1. Introduction

We confirm that you wish for us to act in a Tasmanian workers compensation claim.

2. Scope of the Legal Work

  • You have instructed us to advise, assist, and, if required, represent you in a claim for compensation arising from a reported work
  • This engagement covers your noise induced hearing loss and tinnitus.
  • We will accept instructions from you only.

3. Doing the Work

As previously advised, you have a primary legal practitioner responsible for and in control of this matter. This legal practitioner is also the person whom you may contact with regard to legal costs. However, there may be changes of legal practitioner responsible over time (which will be notified to you) and other legal practitioners or legal staff may work on the matter from time to time as we consider necessary.

4.  Fees

4.1 We charge a fixed fee of $4,180.00 (incl. GST) for our services in pursuing a claim up until the time a determination is made (in addition to disbursements and GST as noted in clauses 6 and 7 below).

4.2 This fixed fee is different from the rates set out in the Boylan Scale of Costs and the Supreme Court of Tasmania Scales of Fees. Although fixed fee charging is not uncommon for these types of services, there may be other legal practitioners who would be prepared to act for you and charge according to Supreme Court of Tasmania Scale of Fees. You are entitled to seek independent legal advice regarding this or any other term of this agreement.

4.3 Our fixed fee arrangement may well result in a lower charge than if the Boylan Lawyers Scale of Costs or the Supreme Court of Tasmania Scale of Fees was used.

4.4 If your claim is rejected, then a dispute may be referred to the Tasmanian Workers Rehabilitation and Compensation Tribunal. If that happens then we charge for our work performed from the point of lodging this dispute at the Boylan Lawyers Scale of Costs. This is in addition to our fixed fee. The Boylan Lawyers Scale of Costs changes annually and so our rates will vary with that change. We will advise you of those changes.

4.5 If the dispute is required to be arbitrated in the Tribunal or a Court, then the other party may be required to pay 85% of the amount that would be payable on the Supreme Court of Tasmania Scale. Boylan Lawyers charge in accordance with the Boylan Lawyers Scale of Costs, details of our fees are enclosed;

   4.5.1 Some items on the scale state a set fee. (example item 15);

   4.5.2 Some items on the scale are charged by the time spent. (example, item 7);

   4.5.3 Time spent doing work includes making a record of what has been done;

   4.5.4 Disbursements are expenses incurred. (example, court filing fees, barristers fees).

4.6 GST is payable on fees and disbursements.

4.7 There may be other legal practitioners who would be prepared to act for you and charge you differently and this may result in a lower charge. You are entitled to seek independent legal advice regarding this or any other term of this agreement.

4.8 All parties agree that the costs assessment provisions of the Legal Practitioners Act 1981 (SA) apply in respect of all legal costs incurred in relation to the matter.

5.  No win no fee

We confirm that we act for you in this matter on a no win no fee basis.

You agree that for the purposes of this agreement your claim is successful if you become entitled to a monetary payment in consequence of your work injury. This includes, but is not limited to, income maintenance, lump sum compensation, or redemption monies.

It is a condition of us acting for you on a no win no fee basis that you continue to instruct us to pursue your claim for as long as we advise it is reasonable to do so. If you instruct that you wish to terminate our engagement notwithstanding that our advice to you at that time is that you have a reasonable prospect of success and ought to continue to proceed, then we will charge you for our fees as per this agreement as though your matter had been successful regardless of the actual status of the matter as at the time of termination.

6. Disbursements

6.1 In addition to our fees we charge you for the out of pocket expenses incurred or paid on your behalf (called disbursements).

6.2 In the event that your claim is unsuccessful, we agree to indemnify you for the cost of medical reports and filing fees incurred or paid on your behalf.

6.3 Out of pocket expenses incurred by us may include, but are not limited to, the cost of medical reports and, if required, barrister’s fees, agents, Government and local authorities fees, STD, international calls and couriers are charged at the cost to us. We do not charge for mobile or local telephone calls. In most cases we can get disbursements paid by the insurer who manages your claim. In rare instances where such costs are not paid by the insurer then these costs are your responsibility.

6.4 Should we see a need to incur expenses on your behalf which are unusual as to their nature or extent (including in litigious matters expenses which are unlikely to be recoverable from the other side if you win and obtain a costs order), we will provide you with advice and seek your specific instructions before incurring such expenses.

6.5 Disbursements are incurred by us as your agent. In the event that the disbursement is subject to GST you will be required to pay the GST.

7.  Goods and Services Tax (‘GST’)

Our fees are subject to GST. Under these Terms the amounts or rates quoted for fees are inclusive of GST.

It is a term of this engagement that you, as client, pay not only our fee/s but any GST in respect of the fee/s.

To the extent that disbursements we incur for you or on your behalf are subject to GST, GST will also be payable by you in respect of those disbursements.

It is a term of this engagement that you, as client, pay not only the disbursements, but that you pay or reimburse us for any GST paid or payable in respect of the disbursements.

8. Legal Costs – Your Right to Know

You have the right to:

  • negotiate a costs agreement with us;
  • receive a bill of costs from us;
  • request an itemised bill of costs within 30 days after you receive a lump sum bill from us;
  • request written reports about the progress of your matter and the costs incurred in your matter;
  • apply for costs to be adjudicated within 6 months if you are unhappy with our costs;
  • apply for the costs agreement to be set aside;
  • make a complaint to the Legal Profession Board (if you believe there has been overcharging);
  • accept or reject any offer we make for an interstate costs law to apply to your matter, including clause 4.11 of these terms;
  • notify us that you require an interstate costs law to apply to your matter.

For more information about your rights, please read the fact sheet titled Legal Costs— your right to know. You can ask us for a copy, or obtain it from the Law Society of Tasmania (or download it from their website).

9.  Cost Estimates

9.1 We estimate our fees for pursuing a workers compensation claim to be $4,180.00 (incl. GST) if the claim is accepted without a dispute in the Tribunal.

9.2 If your claim is disputed in the Tribunal then we estimate our total fees would be in the range of $4,950.00 (incl. GST) to $5,500.00 (incl. GST). This is an estimate only and our fees may be less or more depending on how much work is required to succeed in your In the event you are successful in your matter, we are normally able to obtain a contribution towards legal fees from the other side in Tribunal proceedings.

9.3 Fees for our services do not include disbursements, which you may be required to pay in accordance with clause 6 only in the event we are successful in your matter.

9.4 It is not possible at this time to provide an accurate estimate of the total costs. We advise that we believe legal costs will fall within the following range: $4,950.00 (incl. GST) to $5,500.00 (incl. GST), subject to the variables set out below.

The major variables that will affect the calculation of these costs are:

  • A change in your circumstances;
  • A change in your instructions to us;
  • Difficulties dealing with the other side / their solicitors;
  • The extent that the claim is defended/pressed by the other side, including the extent to which they engage in interlocutory disputation;
  • The availability of Tribunals/Courts to hear the matter and the extent to which it may have to be adjourned because of unavailability of the Tribunals/Courts;
  • The experience and cost of barrister which you instruct us to brief;
  • The number of experts which turn out to be required, and the rates charged by them;
  • The extent to which you require information and feedback as to the progress of the matter;
  • The extent to which you cooperate with us in prosecuting the matter, by for example, promptly returning telephone calls and responding to letters or emails.

9.5 We emphasise that the estimate is just that, a preliminary estimate. It is not a quote or a fixed maximum charge. The actual costs will be based on the work actually done and the expenses actually incurred.

10.  Updating of Advice

You have the right under section 299 of the Legal Practitioners Act 2007 (Tas) to be notified of any substantial change to anything included in a disclosure already made under Division 3 of Part 3.3, including any substantial change to the estimated costs of work. 

11. Litigation Matters

11.1 The estimate in clause 9 above only refers to the costs we charge In addition, the Court may order you to pay other moneys, including some or all of the costs of other parties.

11.2 The scale of fees which applies in the Court in which your action will run will usually determine what can be recovered from the other party if you are successful.

11.3 It is a term of this engagement that you, as client, are aware and acknowledge that you have been advised by us, that even if you are successful in obtaining an order for costs payable by other parties in the litigation, such an order will not necessarily cover the whole of your legal costs. It is likely to be for an amount substantially less than the costs payable under these terms and in our experience it is likely to be no more than 50% to 70% of your costs due to You will have to meet the difference in these costs from your own pocket. It is only in the most exceptional circumstances that a court would order the losing party to pay all of the costs which we have charged you.

11.4 If you are unsuccessful you may be liable to pay the costs of other parties to the litigation. As we are not aware of the extent of the legal work which may be performed for the other side, it is difficult to be precise as to what the amount of such costs might be. We would estimate these may be between 50% to 70% of the amount of your own legal costs.

11.5 In the event that your claim is unsuccessful, we agree to indemnify you for any liability to pay costs of the other parties to the litigation.

11.6 If we negotiate a settlement of a litigation matter on your behalf we will disclose prior to the settlement a reasonable estimate of our costs and an estimate of the contribution to those costs likely to be received from another party so that the likely minimum net amount that you will receive may be calculated.

12.  Billing

12.1 Deferred account – we have agreed to an arrangement with you for your account for our legal fees to be deferred until your claim is finalised. If for any reason you do not receive a payment at the conclusion of your claim, or you cease your instructions to us before your claim is finalised, your legal fees would then be due to be paid.

12.2 Accounts are to be paid within seven (7) days after delivery. Interest at the rate of [4.5%] per annum which is the Cash Rate Target as of the date the bill is issued plus 2%. Interest begins to run on our accounts once they have remained unpaid for thirty (30) days and shall be compounding and calculated on a daily basis. If an account does remain unpaid after seven (7) days after delivery, we may terminate the engagement.

13.  Trust Money

13.1 We may ask you to pay money into our trust account from time to time to cover reasonably anticipated expenses, including counsel fees. These moneys are retained in our trust account for payment of disbursement or will be applied to our invoices (including GST) when they fall due for payment, or will be used in payment of particular expenses of this firm which are incurred on your behalf.

13.2 Should the matter proceed to trial, we will ask you to provide to us, at least 21 days prior to the trial date, the moneys reasonably estimated by us to cover the full cost of the trial, including counsel, court and witness We will hold those moneys in our trust account against the anticipated costs and disbursements.

13.3 If you do not comply with any such request, we may cease acting for you in accordance with the following clause.

14. Termination

14.1  Your Right to Terminate this Agreement

You have the right to terminate our services at any time.

14.2  Cooling off period

You also have a five (5) business day cooling-off period commencing one business day after you sign this agreement. To exercise this right you must provide us with written notice within this timeframe to the effect that you intend to terminate this agreement.

14.3  Our Right to Terminate this Agreement

We may terminate this agreement if there has been:

    14.3.1  Good cause

This includes, but is not limited to, if you do not comply with the terms of this agreement, including clause 17 below, or if, in our view, the necessary relationship of trust and confidence no longer exists between us. We would give you reasonable notice and would then cease acting for you and, in any litigation, we would apply to be removed from the Court file as your legal practitioner.

or

    14.3.2  Unreasonable refusal to accept a settlement offer

This occurs if you refuse to accept an offer to settle your matter if we have advised you that it is unreasonable to refuse in the circumstances.

14.4 Payment of fees on termination

All fees and expenses incurred prior to termination by either you or us are immediately billable to you as though you had been successful in your matter in the manner described in clause 4 above (except where you have terminated our Agreement as per the above Cooling Off period).

14.5  Holding of documents and monies until payment received

Subject to any court order or agreement to the contrary, we are entitled to retain all moneys, papers and records relating to this matter until our bills are paid.

15.  Conflicts of Interest

We will not intentionally become involved in a situation where there is a conflict of interest of a legal nature between you, us and/or another client but if through inadvertence or unforeseen circumstances this should occur we may be obliged to terminate the engagement in this matter.

16. Storage of Records

16.1  We operate an electronic filing system. We do not store paper records for the majority of your documents. In most cases we will scan your documents and give them back to you.

16.2  Your privacy is important to us. Boylan Lawyers (Boylan’s) privacy policy is framed in the context the Privacy Act 1988 and the Australian Privacy Principles contained Boylan’s collects personal information in the provision of legal services. The purpose of collection of this personal information is to enable Boylan’s staff to provide legal services. In all cases, the consent of the client about supplying information is required. Confirmation of consent may be evidenced by the provision of a terms of engagement or instruction booklet signed by the client to whom the information relates.

16.3  We store your files for seven (7) years after completion of the We do not charge for this storage but if you require us to retrieve anything stored by us after completion of the matter, you agree that we will charge you a reasonable fee for that service. You authorise us to destroy any of your files retained by us after seven (7) years following the completion of the matter. We encourage you to collect your file from us for your own records within seven (7) years after completion of the work.

16.4  All reasonable steps must be taken to keep personal information confidential, destroy or de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed. The information obtained cannot be disclosed to any other person without the client’s consent being provided in the terms of engagement or through their instructions.

16.5 Boylan’s staff members are trained to maintain professional standards of confidentiality in their contact with clients, barristers and other professionals. Boylan’s has a policy of requiring staff to sign confidentiality agreements re the non-disclosure of personal information of clients. This is in addition to the staff being bound by the professional conduct rules.

16.6  Files are available only to staff members who have a need to use them for the purpose of providing the legal service. Computer data bases containing information are protected by passwords known only to Boylan’s staff. Boylan’s collect electronic data containing matter documents, such as; correspondence, statements, Court Documents, file notes, terms of engagement, client authorities and other documents relating to a specific matter. Where this data is cloud hosted, the cloud hosting services are to be provided in Australia. Boylan’s also collect electronic data containing client contact information, such as; name, address, email, phone number and other contact Where this data is cloud hosted it may be hosted in Australia or overseas. Whether data is hosted in Australia or Overseas through a cloud hosting provider, all reasonable steps will be taken to ensure the information is appropriately protected. Emailed information is handled confidentially according to Boylan’s policy and procedures.

16.7  Personal information held by Boylan’s has been provided, with consent, by clients themselves or referrers on their behalf. A client may have access to his/her personal details which are held in his/her own personal record in accord with the provisions of the Australian Privacy Principles. Information to be provided to client must be provided to him/her personally after it has been clearly established that he/she is the person about whom the information is If a client considers that Boylan’s has breached his/her privacy or this policy, he/she may complain to the Managing Partner.

17. Your Agreement to Work with Us

It is a term of this agreement that you will reply to correspondence, return phone calls, respond reasonably to requests for instructions, information and documents, and pay accounts or pay money into trust when reasonably required. If you do not work with us in these ways, then we may terminate this agreement. In such circumstances, you agree that you will file a notice of acting in person in any current court proceedings in which we have been acting for you.

18.  Variation

These terms can only be effectively varied in writing.

19. Authorisation

It is a term of the engagement that should we receive any money from you or on your behalf other than for a specified purpose, we are at liberty to apply that money in payment of our outstanding accounts if nothing has been heard from you disputing the accounts within 7 days after delivery.

20. Copyright

We own the copyright in all documents we author in supplying our services and you have the right to use those documents only for the purposes for which they are supplied.

21. Applicable law

These terms are governed by Tasmanian law. All parties consent to the non- exclusive jurisdiction of the courts of Tasmania with regard to any dispute arising under or out of them.

22. Comments

Our aim is to provide you with high quality and reasonably priced legal services. We value your feedback and encourage you to contact our office with any concerns or comments about the conduct of this matter.

23. Your Agreement to These Terms

23.1 Please do not hesitate to contact Boylan Lawyers if there is anything in this Terms which you do not understand or with which you You are also entitled to seek independent legal advice on the terms of this letter.

Scale of Practitioners’ Costs Supreme Court Rules 2000, Schedule 1, Part 1

Supreme Court (Fees) Rules 2017

 

Item:

Effective from:

 

3.11.93

7.8.96

12.4.00

10.7.02

5.10.05

30.9.09

9.2.11

27.8.14

20.12.17

Instructions –

 

 

 

 

 

 

 

 

 

1. To institute or defend any original proceeding (including instructions to institute or defend interpleader proceedings) and to appeal

 

However –

(a)                           no fee is allowable under this item to the

Sheriff for instructions to interplead; and

 

(b)                          no fee is allowable for instructions to take or oppose any interlocutory proceedings in a cause or matter, unless the taxing officer is satisfied that instructions were necessary, except in the case of a person not a party to the action or

matter who is respondent to an application in a pending cause or matter.

 

 

81.00

 

 

89.00

 

 

97.00

 

 

105.00

 

 

121.00

 

 

139.00

 

 

148.00

 

 

163.00

 

 

175.10

 

2. For a statement of claim, defence, counterclaim or special case

 

Where –

(a)                           the instructions for a defence cover or include the instruction for a counterclaim, only one fee is allowable; and

 

(b)                          separate instructions –

 

(i)                            are not required for pleadings, no fee should be allowed under this item; or

(ii)                          are required for pleadings, the fee allowed under this item is an amount the taxing officer determines after taking into account the fee allowed under item 1 and after being satisfied of the need for those instructions, the time spent taking them and the status of the person taking

them.

 

 

 

81.00

 

 

 

89.00

 

 

 

97.00

 

 

 

105.00

 

 

 

121.00

 

 

 

139.00

 

 

 

148.00

 

 

 

163.00

 

 

 

175.10

 

3.11.93

7.8.96

12.4.00

10.7.02

5.10.05

30.9.09

9.2.11

27.8.14

20.12.17

3. For other pleadings, processes, statements of fact, reports, accounts and other similar documents when proper and not otherwise provided for, for interrogatories, for affidavits verifying interrogatories and other special affidavits and for payment into or out of Court, if the taxing officer is satisfied that any special further instruction was necessary

 

Where separate instructions –

 

(a)                           are not required for pleadings, no fee should be allowed under this item; or

 

(b)                          are required for pleadings, the fee allowed under this item is an amount the taxing officer determines after taking into account the fee allowed under item 1 and after being satisfied of the need for those instructions, the time spent

taking them and the status of the person taking them

 

 

 

 

 

 

 

 

 

60.00

 

 

 

 

 

 

 

 

 

66.00

 

 

 

 

 

 

 

 

 

72.00

 

 

 

 

 

 

 

 

 

78.00

 

 

 

 

 

 

 

 

 

90.00

 

 

 

 

 

 

 

 

 

104.00

 

 

 

 

 

 

 

 

 

110.00

 

 

 

 

 

 

 

 

 

121.00

 

 

 

 

 

 

 

 

 

130.00

 

4. To amend a pleading if the taxing officer is satisfied that any further special instruction was necessary.

 

 

39.00

 

 

43.00

 

 

47.00

 

 

51.00

 

 

59.00

 

 

68.00

 

 

72.00

 

 

79.00

 

 

84.90

5. For particulars to be supplied if the taxing officer is satisfied that any further special instruction was necessary.

 

 

39.00

 

 

43.00

 

 

47.00

 

 

51.00

 

 

59.00

 

 

68.00

 

 

72.00

 

 

79.00

 

 

84.90

6. For brief, such fee may be allowed as the taxing officer thinks fit having regard to all the circumstances of the case

 

No allowance is to be made under item 6 in respect of any attendance, perusal, work or service which is allowed for under some other item and, in fixing the amount to be allowed under item 6, the taxing officer is to have regard to any allowance made for earlier instructions in the cause or matter so that,

in no case, are any instructions to be allowed for more than once.

 

 

 

 

 

 

 

 

 

Process –

 

 

 

 

 

 

 

 

 

7. An originating process

56.00

62.00

68.00

73.00

84.00

97.00

103.00

113.00

121.40

8. The renewal of a writ

24.00

26.00

28.00

30.00

35.00

40.00

43.00

47.00

50.50

 

 

3.11.93

7.8.96

12.4.00

10.7.02

5.10.05

30.9.09

9.2.11

27.8.14

20.12.17

9. A subpoena

 

The names of any number of witnesses may be included in a subpoena to give evidence and the taxing officer is not to allow any costs in respect

of such a subpoena which has been issued unnecessarily.

33.00

36.00

39.00

42.00

48.00

55.00

59.00

65.00

72.40

10. A writ of execution or other writ to enforce a judgment or an order

 

55.00

 

60.00

 

65.00

 

70.00

 

81.00

 

93.00

 

99.00

 

109.00

 

117.10

11. A writ not included above

 

The fees specified in items 7 to 11 include drawing and engrossing and any endorsement and copy to be filed on the sealing of the writ, any attendance to issue the writ and any copy for

service, but exclude the service of the writ.

56.00

62.00

68.00

73.00

84.00

97.00

103.00

113.00

121.40

 

12. An interlocutory application to attend in chambers or in court as in chambers (including drawing and engrossing and copy for judge and attending to issue the interlocutory application and copies for service)

 

*up to and including

 

 

 

 

26.00 * 42.00

 

 

 

 

30.00 * 46.00

 

 

 

 

33.00 * 50.00

 

 

 

 

37.00 * 54.00

 

 

 

 

43.00 * 62.00

 

 

 

 

49.00 * 71.00

 

 

 

 

52.00 * 76.00

 

 

 

 

57.00 * 84.00

 

 

 

 

61.30

* 89.40

13. A certificate of readiness

42.00

46.00

50.00

54.00

62.00

71.00

76.00

84.00

89.40

Appearances –

 

 

 

 

 

 

 

 

 

14. Entering an appearance (including preparation of notice and attending to enter appearance, copy and service)

 

 

24.00

 

 

26.00

 

 

28.00

 

 

30.00

 

 

35.00

 

 

40.00

 

 

43.00

 

 

47.00

 

 

50.50

Drawing Documents –

 

 

 

 

 

 

 

 

 

15. Drawing a document, including a pleading, particulars, affidavit, brief, judgment, bill of costs and any other document not otherwise provided for, for each 100 words

 

No fee is allowable for drawing in respect of a matter which is a copy, repetition or adaptation of an existing document or part of an existing document (including the title of the Court and the cause or matter).

 

 

 

5.30

 

 

 

6.00

 

 

 

6.50

 

 

 

7.00

 

 

 

11.00

 

 

 

13.00

 

 

 

14.00

 

 

 

15.00

 

 

 

16.20

 

 

3.11.93

7.8.96

12.4.00

10.7.02

5.10.05

30.9.09

9.2.11

27.8.14

20.12.17

Copies

 

 

 

 

 

 

 

 

 

16. A copy of a document, if no other provision is made –

 

(a)                          for each 100 words of an original copy

(b)                          for each page of a photocopy

 

 

 

2.60

0.60

 

 

 

3.00

0.65

 

 

 

3.30

0.70

 

 

 

3.50

0.70

 

 

 

5.60

0.80

 

 

 

6.50

0.90

 

 

 

7.00

1.00

 

 

 

8.00

1.00

 

 

 

8.60

1.10

Perusals –

 

 

 

 

 

 

 

 

 

 

17. Perusal of all necessary documents, other than formal and ordinary letters and entries of appearance, for each 100 words

 

However –

(a)                          no allowance is to be made for perusal of a document when preparing for trial, but the time occupied in that perusal may be considered in fixing an allowance under item 6; and

 

(b)                          if the practitioner is already familiar with the contents of the document, no allowance, or a smaller allowance than that mentioned above, is to be made as the taxing officer thinks proper; and

 

(c)                          the allowance for perusal is to be allowed once only for each document.

 

 

2.40

 

 

2.75

 

 

3.00

 

 

3.20

 

 

5.10

 

 

5.90

 

 

6.50

 

 

7.00

 

 

7.60

Attendances –

 

 

 

 

 

 

 

 

 

18. A proper attendance of a practitioner –

(a)             being other than a formal attendance –

(i) for each hour, a fee may be allowed as the taxing officer thinks fit, having regard to the degree of difficulty of the case, the experience and any particular expertise of the practitioner and all the circumstances of the case (ii) proportionately for part of an hour

 

 

45.00

* 134.00

 

 

49.50

* 147.00

 

 

54.00

* 160.00

 

 

58.00

* 173.00

 

 

67.00

* 200.00

 

 

77.00

* 230.00

 

 

82.00

* 244.00

 

 

90.00

* 268.00

 

 

180.00

* 393.00

(b)             being a formal attendance.

 

 

 

 

 

 

 

 

 

 

* up to and including

12.00

13.00

14.00

15.00

17.30

20.00

21.00

23.00

24.80

 

 

3.11.93

7.8.96

12.4.00

10.7.02

5.10.05

30.9.09

9.2.11

27.8.14

20.12.17

 

19. A proper attendance of a clerk – (a) being other than a formal attendance –

(i)     for each hour

(ii)   proportionately for part of an hour

(b)                          being a formal attendance

(c)                           for sending a document by facsimile transmission anywhere in Australia, including disbursements (or if a very long document, in the discretion of the taxing officer)

 

 

34.00

 

7.40

 

 

37.00

 

8.00

 

 

 

4.00

 

 

40.00

 

9.00

 

 

 

4.50

 

 

43.00

 

10.00

 

 

 

4.90

 

 

49.00

 

11.50

 

 

 

5.60

 

 

56.00

 

13.00

 

 

 

6.50

 

 

60.00

 

14.00

 

 

 

7.00

 

 

66.00

 

15.00

 

 

 

8.00

 

 

70.90

 

16.20

 

 

 

8.60

Service –

 

 

 

 

 

 

 

 

 

 

20. The following fees are allowable:

 

(a)                           For service, or filing instead of service, of any writ, application, order or notice on a person proper to be served therewith who has not entered an appearance, and if not authorised to be served by post (or any other fee as in special circumstances the taxing officer thinks proper)

 

(b)                          If served at a distance of more than 2 kilometres from the nearest place of business or office of the practitioner (whether principal or agent) serving the same or through whom service is effected –

 

(i)        if served by the practitioner or the practitioner’s clerk, for each 2 kilometres (one way) beyond each such 2 kilometres, and in addition to the fee allowed under paragraph (a)

(ii)      if served by any other person, the sum actually and reasonably paid.

 

(c) If, in the opinion of the taxing officer, a more expensive means of service has been adopted than should have been adopted, the taxing officer is to allow for the service only the fee as would have been paid if the less or the least expensive means of service had been adopted.

 

 

 

 

 

 

 

 

 

26.00

 

 

 

 

 

 

 

 

2.60

 

 

 

 

 

 

 

 

 

29.00

 

 

 

 

 

 

 

 

3.00

 

 

 

 

 

 

 

 

 

32.00

 

 

 

 

 

 

 

 

3.30

 

 

 

 

 

 

 

 

 

35.00

 

 

 

 

 

 

 

 

3.60

 

 

 

 

 

 

 

 

 

40.00

 

 

 

 

 

 

 

 

4.10

 

 

 

 

 

 

 

 

 

46.00

 

 

 

 

 

 

 

 

4.70

 

 

 

 

 

 

 

 

 

49.00

 

 

 

 

 

 

 

 

5.00

 

 

 

 

 

 

 

 

 

54.00

 

 

 

 

 

 

 

 

6.00

 

 

 

 

 

 

 

 

 

58.00

 

 

 

 

 

 

 

 

6.50

 

3.11.93

7.8.96

12.4.00

10.7.02

5.10.05

30.9.09

9.2.11

27.8.14

20.12.17 

 

. (d) If more than one attendance is necessary to effect service or to ground an application for substituted service, a further allowance may be made as the taxing officer thinks fit

 

(e)                           For service out of the jurisdiction, an allowance may be made as the taxing officer thinks fit.

 

(f)                            If any writ, application, order, notice of motion, summons, petition, notice or other process or any 2 of them have to be, are or ought to be, or the taxing officer is of the opinion that they should have been, served together, one fee only for service is to be allowed

 

 

 

 

 

 

 

 

 

Correspondence, etc. –

 

 

 

 

 

 

 

 

 

21. The following fees are allowable:

 

(a)                           formal letter

(b)                          ordinary letter (c) special letter

or if very long or very special, in the discretion of the taxing officer

(d) circular letters after the first

 

If 2 or more letters in similar terms are to be sent to 2 or more persons, all the letters except the first are to be allowed for as circular letters.

 

No letter (other than a letter before action) is to be allowed for, unless the taxing officer is satisfied that it was necessary..

 

 

12.00

15.00

26.00

 

 

2.60

 

 

13.00

16.50

28.50

 

 

2.90

 

 

14.00

18.00

31.00

 

 

3.00

 

 

15.00

19.00

33.00

 

 

3.20

 

 

17.30

22.00

38.00

 

 

3.70

 

 

20.00

25.00

44.00

 

 

4.30

 

 

21.00

27.00

47.00

 

 

5.00

 

 

23.00

30.00

52.00

 

 

6.00

 

 

24.80

32.30

55.90

 

 

6.50

22. For any necessary postage, carriage or transmission of a document, in the discretion of

the taxing officer.

 

 

 

 

 

 

 

 

 

Default judgments –

 

 

 

 

 

 

 

 

 

23. Entering judgment by default without an order (including any instructions, drawing, engrossing any copy and attendance to have judgment entered).

 

 

 

33.00

 

 

 

36.00

 

 

 

39.00

 

 

 

42.00

 

 

 

48.00

 

 

 

55.00

 

 

 

60.00

 

 

 

66.00

 

 

 

70.90

For scale prior to 3.11.93, refer Supreme Court Circular 13 of 2009