South Australian Numbered Regulations South Australian Numbered RegulationsSchedule 2—Prescribed scale of costs
A solicitor may charge a fee for a claim for compensation as follows:
(a) a
fee of $500 for a limited claim where the identity of the offender is known
and compensation is agreed;
Note—
A solicitor is not entitled to a fee in respect of a limited claim for
compensation where the identity of the offender is unknown and compensation is
agreed.
(b) a
fee of $1 000 for any other claim that is not a related claim;
(c) if
the claim is a related claim—a fee of $1 000 for the first claim
and, for each of the other related claims, a fee of $800.
(1) Counsel may charge
a fee of not more than $750 for all work preparatory to an application to the
court for compensation (including advice on evidence and any other legal
advice on the application, conferences and proofing witnesses) and for the
first 5 hours of the hearing of the application.
(2) Counsel may charge
an additional fee of 1/5 of the preliminary fee actually charged for each hour
or part of an hour after the first 5 hours of the hearing of the application.
(3) Subject to
subclause (4), counsel may charge a fee of $500 for an opinion as to the
compromise of a minor's claim for compensation.
(4) Counsel may charge
a fee of $350 for each opinion as to the compromise of a minor's related claim
for compensation.
The fee that may be charged for an appeal is $500.
(1) Subject to this
clause, if—
(a) an
application for statutory compensation is made to the court, a legal
practitioner may recover all disbursements reasonably incurred under the Act
as certified by the court;
(b) an
application for statutory compensation is settled without any such application
being made, a legal practitioner may recover all disbursements reasonably
incurred as certified by the Crown Solicitor.
(2) A legal
practitioner may recover the reasonable cost of obtaining the following
reports relating to a claim for statutory compensation:
(a) a
hospital report (up to 20 pages);
(b) the
report of a general medical practitioner or dentist.
(3) A legal
practitioner may not recover the cost of obtaining a report relating to a
claim for statutory compensation—
(a) in
the case of a hospital report that is longer than 20 pages, unless—
(i)
the Crown Solicitor has given prior agreement; or
(ii)
the court is satisfied that the whole of the victim's
record from the hospital is, in the circumstances, necessary for the
determination of the matter;
(b) in
the case of a report from more than one expert in the same specialty,
unless—
(i)
the Crown Solicitor has given prior agreement; or
(ii)
the court is satisfied that the report of more than one
expert in the specialty is necessary to provide the court with the evidence
required for the determination of the matter;
(c) in
the case of a report from a person who is not registered as a medical
practitioner or dentist, unless—
(i)
the Crown Solicitor has given prior agreement; or
(ii)
the court is satisfied that the report of a medical
practitioner or dentist would not provide the court with the evidence
necessary for the determination of the matter;
(d) in
the case of any other report, unless—
(i)
application for statutory compensation was made to the
Crown Solicitor in accordance with section 18 of the Act but no acceptable
settlement offer was made within the period for negotiation; or
(ii)
the Crown Solicitor has given prior agreement that the
additional report is necessary, having regard to—
(A) the nature of the claimant's injury;
and
(B) whether the proposed specialist has
treated the claimant for the injury; and
(C) whether a report from a general medical
practitioner or dentist would provide the evidence necessary for the
determination of the matter.