VICTIMS OF CRIME REGULATIONS 2003 (NO 167 OF 2003)

South Australian Numbered Regulations

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VICTIMS OF CRIME REGULATIONS 2003 (NO 167 OF 2003) - SCHEDULE 2

Schedule 2—Prescribed scale of costs

1

Solicitor's fee for claim for statutory compensation

(1)

For a limited claim where the identity of the offender is known, compensation is agreed and an application is made to the court to obtain a consent order

$500

Note—

No fee is payable for a limited claim where the identity of the offender is unknown and compensation is agreed during the period for negotiation.

(2)

For any other claim—

(a) in the case of a claim that is not a related claim

$1 000

(b) in the case of related claims—

(i) for one of the related claims

$1 000

(ii) for each of the other related claims

$800

2

Counsel's fee

(1)

Preliminary fee

For all work preparatory to an application to the court for statutory 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

Not more than $750

(2)

Additional fee

For each hour or part of an hour after the first 5 hours of the hearing of the application

1/5 of the preliminary fee actually charged

(3)

Compromise of minor's claim

Subject to subclause (4), for an opinion as to the compromise of a minor's claim for statutory compensation

$500

(4)

Compromise of minor's related claim

For an opinion as to the compromise of a minor's related claim for statutory compensation

$350 for each opinion

3

On appeal

$500

4

Disbursements

(1)

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 during the period for negotiation, a legal practitioner may recover all disbursements reasonably incurred as certified by the Crown Solicitor.

(2)

However—

(a) a legal practitioner may not recover the cost of obtaining a copy of a hospital record before the end of the period for negotiation unless the Crown Solicitor has agreed that it is necessary to obtain a copy of the record; and

(b) a legal practitioner may not recover the cost of obtaining a medical or psychological report (other than a report from the claimant's usual or treating general medical practitioner) before the end of the period for negotiation unless the Crown Solicitor has agreed that it is necessary to obtain the report; and

(c) a legal practitioner may not recover the cost of obtaining a report from more than one expert in the same specialty unless the Crown Solicitor has agreed that it is necessary to obtain the additional report.

(3)

For the purposes of subclause (2)(c), psychiatrists and psychologists will be taken to be experts in the same specialty.

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1	Solicitor's fee for claim for statutory compensation
	(1)	For a limited claim where the identity of the offender is known, compensation is agreed and an application is made to the court to obtain a consent order	$500
		Note— No fee is payable for a limited claim where the identity of the offender is unknown and compensation is agreed during the period for negotiation.
	(2)	For any other claim—
		(a) in the case of a claim that is not a related claim	$1 000
		(b) in the case of related claims—
		(i) for one of the related claims	$1 000
		(ii) for each of the other related claims	$800
2	Counsel's fee
	(1)	Preliminary fee For all work preparatory to an application to the court for statutory 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	Not more than $750
	(2)	Additional fee For each hour or part of an hour after the first 5 hours of the hearing of the application	1/5 of the preliminary fee actually charged
	(3)	Compromise of minor's claim Subject to subclause (4), for an opinion as to the compromise of a minor's claim for statutory compensation	$500
	(4)	Compromise of minor's related claim For an opinion as to the compromise of a minor's related claim for statutory compensation	$350 for each opinion
3	On appeal		$500
4	Disbursements
	(1)	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 during the period for negotiation, a legal practitioner may recover all disbursements reasonably incurred as certified by the Crown Solicitor.
	(2)	However—
		(a) a legal practitioner may not recover the cost of obtaining a copy of a hospital record before the end of the period for negotiation unless the Crown Solicitor has agreed that it is necessary to obtain a copy of the record; and
		(b) a legal practitioner may not recover the cost of obtaining a medical or psychological report (other than a report from the claimant's usual or treating general medical practitioner) before the end of the period for negotiation unless the Crown Solicitor has agreed that it is necessary to obtain the report; and
		(c) a legal practitioner may not recover the cost of obtaining a report from more than one expert in the same specialty unless the Crown Solicitor has agreed that it is necessary to obtain the additional report.
	(3)	For the purposes of subclause (2)(c), psychiatrists and psychologists will be taken to be experts in the same specialty.