Legal Profession Regulation, 2005. Schedule -1 Ready Reckoner
Scale of Fixed Solicitor's
Costs: Local Court
These are the maximum costs which can be claimed where a solicitor
takes the action listed in the scale under the Civil Procedure
Act, 2005 on or after 1 January, 2009:-
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IN ISSUE IS:- |
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| 1.Costs on filing a statement of claim |
+ $23.36 GST = $256.96 |
+ $35.04 GST = $385.44 |
+ $46.72 GST = $513.92 |
+ $58.40 GST = $642.40 |
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2. Costs on entry of Default
Judgment (Liquidated debt or detentin of
goods) also Limit of Small Claims Division costs # |
+ $33.88 GST = $372.68 |
+ $50.82 GST = $559.02 |
+ $67.76 GST = $745.36 |
+ $84.70 GST = $931.70 |
| 3. "Costs thrown away" on setting aside default judgment* (Liquidated debt), also Costs on Registration of Interstate Judgment |
+ $10.52 GST= $115.72 |
+ $15.78 GST= $173.58 |
+ $21.04 GST= $231.44 |
+ $26.30 GST= $289.30 |
| 4. Costs of entry of Default Judgment (unliquidated claim for damages) # |
+ $58.44 GST= $642.84 |
+ $87.60 GST= $964.20 |
+ $116.88 GST= $1285.68 |
+ $146.10 GST = $1607.10 |
| 5."Costs thrown away" on setting aside Default Judgment (unliquidated claim for damages) |
+ $35.08 GST= $385.88 |
+ $52.62 GST= $578.82 |
+ $70.16 GST= $771.76 |
+ $87.70 GST = $964.70 |
| 6. Costs on Issue of Examination Order + |
+ $34.80 GST = $382.80 |
+ $34.80 GST = $382.80 |
+ $34.80 GST = $382.80 |
+ $34.80 GST = $382.80 |
| 7. Costs of Attending to conduct Examination Order (where debtor does not appear or has to be adjounred) |
+ $18.40 GST= $202.40 |
+ $18.40 GST= $202.40 |
+ $18.40 GST= $202.40 |
+ $18.40 GST= $202.40 |
| 8. Costs on attending and conducting Examination Order |
+ $25.30 GST= $278.30 |
+ $25.30 GST= $278.30 |
+ $25.30 GST= $278.30 |
+ $25.30 GST= $278.30 |
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9. Costs on issue of Warrant of Apprehension. |
+ $18.40 GST= $202.40 |
+ $18.40 GST= $202.40 |
+ $18.40 GST= $202.40 |
+ $18.40 GST= $202.40 |
| 10. Costs on issue of Writ (of Delivery or for Levy of Property) |
+ $23.50 GST= $258.50 |
+ $23.50 GST= $258.50 |
+ $23.50 GST= $258.50 |
+ $23.50 GST= $258.50 |
NOTE: GST on these amounts should NOT be claimed where the plaintiff has an A.B.N. and is pursuing proceedings that are business related. This is because such plaintiffs are expected to claim a refund of the G.S.T. component on their Business Affairs Statement. They therefore do not ultimately incur the G.S.T. and so should not claim it against the defendant.
# TIP: Costs on entry of default judgment for both liquidated claims(debts), claims of detention of goods and for unliquidated claims (damages) include the costs already claimed in the statement of claim. Don't make the common mistake of double counting.*TIP: The "costs thrown away" when a default judgment is set aside is the difference between the costs allowable for a default judgment and those allowed on the issue of the Statement of Liquidated Claim. Most practitioners forget to claim "costs thrown away" altogether. Many of those who do claim "cost thrown away" make the mistake of claiming the total of the amounts allowed on the making fo the judgment. For that reason these extra scales for "costs thrown away" are produced here for ease of use. To this figure you should also add disbursements (service or execution fees) together with the fixed costs allowed on any enforcement action taken which is also "thrown away" by the setting aside of a judgment.
In addition, Section 107(2) of the Service and Execution of Process Act, 1992 states that the allowed costs for enforcement shall be similar to those allowed for a similar procedure carried out in the court of Registration. Thus the scales allowed for registration of an interstate judgment should be those allowed for filing for Default Judgment in N.S.W.Click here to go to previous scale of fixed costs.
Last updated: 1 January, 2009
Copyright: 1/8/99 LAWconnect