ACT Numbered Regulations - Explanatory Statements

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MAGISTRATES COURT (CIVIL JURISDICTION) (SOLICITORS' COSTS) REGULATIONS (AMENDMENT) (NO. 26 OF 1986)

AUSTRALIAN CAPITAL TERRITORY


MAGISTRATES COURT (CIVIL JURISDICTION) (SOLICITORS’ COSTS) REGULATIONS (AMENDMENT)


EXPLANATORY STATEMENT


No. 26 of 1986

The Regulation amends the Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations to increase the scales of costs in the Schedules to the Regulations by 2.9%.

The Schedules contain the scales of solicitors’ costs allowed on a party and party basis for civil proceedings in the Magistrates Court under the Magistrates Court (Civil Jurisdiction) Ordinance 1982.

The increase in the scales of costs gives effect to the recommendations of the Federal Costs Advisory Committee in its Report of 30 September 1986 to the Attorney-General on solicitors costs in civil proceedings in the Court.

The increase accords with the increase of 2.9% in the Supreme Court scale (to which the Magistrates Court scale is linked) recommended by the Committee and which was given effect to by the Judges of the Court on 1 December 1986. As with the Supreme Court scale recommended increase, the Magistrates Court scale increase incorporates a discount of 2% in respect of the increase in solicitors’ costs based on increases in partners’ salaries and profit share. This reflects the 2% discount applied to wage and salary increases in the National Wage Case decision of 26 June 1986.

The amending Regulation applies only in relation to work done or services performed wholly after its commencement.

Authorised by the Attorney-General