Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2011 (NO 4) (NO 34 OF 2011) - REG 9

substitute

1725     Solicitors' costs and determined fees—Supreme Court judgment within Magistrates Court jurisdiction

    (1)     This rule applies to a proceeding in the Supreme Court if—

        (a)     the Magistrates court—

              (i)     would have had jurisdiction and power to hear and decide the proceeding; or

              (ii)     would, apart from the amount claimed, have had jurisdiction and power to hear and decide the proceeding; and

        (b)     the plaintiff is entitled to the costs of the proceeding; and

        (c)     judgment (including judgment by consent) is entered for the plaintiff in the proceeding for an amount (excluding costs) of less than $175 000.

    (2)     The plaintiff is entitled to the following determined fee and costs only—

        (a)     the amount of any Magistrates Court determined fee that the plaintiff would have been entitled to recover had the proceeding been started in the Magistrates Court;

        (b)     if the plaintiff is awarded an amount (excluding costs) of less than $50 000—50% of the disbursements that the plaintiff would have been entitled to recover in the Supreme Court had the judgment been more than $250 000;

        (c)     if the plaintiff is awarded an amount (excluding costs) of $50 000 or more, but less than $100 000—50% of the costs and disbursements that the plaintiff would have been entitled to recover in the Supreme Court had the judgment been more than $250 000;

        (d)     if the plaintiff is awarded an amount (excluding costs) of $100 000 or more, but less than $175 000—75% of the costs and disbursements that the plaintiff would have been entitled to recover in the Supreme Court had the judgment been more than $250 000.

    (3)     Despite subrule (2), the court may order that the plaintiff is entitled to a different amount for the costs and disbursements (including the amount of any determined fee).

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this subrule.

    (4)     In this rule:

"determined fee" means the relevant determined fee under the Court Procedures Act 2004 , part 3 (Court and tribunal fees) in relation to a proceeding in the Magistrates Court or the Supreme Court (and includes a fee determined under any other territory law that applied to a proceeding in that court before the commencement of that part).