ByLawyers News and Updates

County Court costs – VIC

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New rules provide for County Court costs to be taxed in the Costs Court under the Supreme Court Scale of Costs that operates by reference to hourly rates from 1 January 2025.

Costs in the County Court are dealt with under Order 63 of the County Court Civil Procedure Rules 2018, which now adopts the Scale of Costs in Schedule 1 of Appendix A to the Supreme Court (General Civil Procedure) Rules 2015.

In most cases, the parties will agree on the amount of costs to be paid. If they do not agree, the dispute is referred to the Costs Court.

The scale is based principally on time costing. If a client has been charged on the basis of hourly rates for work done, Section 1 of the Scale applies and provides that the costs payable to the entitled party are to be allowed on the basis of reasonable hourly rates, up to the maximum hourly rate set out in the scale. There are 3 tiers of maximum rates according to a practitioner’s years of post-admission experience. There are no minimum rates.

Section 1 also sets out maximum hourly rates for work done by employees of a law practice who are not legal practitioners. The maximum rates for those employees depend on whether their work required legal skill or knowledge.

All claims must be reasonable. In setting rates to be charged to clients, and in making costs claims, practitioners must observe their overarching obligation to ensure that costs are reasonable and proportionate under s 24 of the Civil Procedure Act 2010.

The time-based model does not mean that a law practice must charge their clients on an hourly basis. The scale also provides for assessment of costs where the entitled party has not been charged on the basis of hourly rates. In such a case, the Costs Court will allow a reasonable amount for the work.

See the By Lawyers County Court (VIC) and Supreme Court (VIC) publications for more information.

County Court – VIC

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The County Court Commercial Division Omnibus Practice Note PNCO 2-2022 came into operation on 1 August 2022.

The new Commercial List Practice Note is largely a consolidation of all the previous practice notes for the division into a single omnibus practice note.

The main changes are in relation to the introduction of electronic processes for discovery, affidavits, and subpoenas.

The Court has also issued a Notice to practitioners regarding the Commercial Division Standard Orders Booklet 2022, also released on 1 August and to be read in conjunction with the new practice note. This collection of the court’s required content and format for consent orders is to be consulted by parties drafting consent orders to be submitted to the Court.

The By Lawyers VIC Litigation guides County Court – Acting for the plaintiff and County Court – Acting for the defendant have been updated accordingly, with references and links to the new omnibus practice note and standard orders booklet in the commentary. There are no new forms or precedents required.

Additional updates have also been made to the commentaries for new Common Law practice notes that have been released recently.  The Court’s Common Law division has not consolidated its practice notes into a single omnibus practice note at this stage.

Enforcement – VIC

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The By Lawyers Enforcement (VIC) publication has been extensively reviewed and expanded.

Part of the individual civil litigation publications, the Enforcement guides deal with enforcing judgments and orders in civil matters in the Magistrates’ Court, the County Court and the Supreme Court. They are now stand-alone publications, designed to assist practitioners who are advising and representing clients that seek to recover or resist a judgment debt or other order, whether or not the practitioner acted for the client in the substantive matter.

The commentaries have been substantially enhanced. New precedents provided on the matter plan include:

  • File cover sheet
  • Retainer instructions
  • Costs agreement and disclosure document
  • Initial letter to client
  • Letter of demand
  • To do list

The commentaries and precedents cover all manner of enforcement procedures, in all levels of courts, from examination and attachment to various warrants and writs.

Related By Lawyers guides include Insolvency and 101 Subpoena Answers.

County Court lists – VIC

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New County Court lists commence in the Commercial Division from 1 March 2022.

The County Court (Chapter I Miscellaneous Amendments) Rules 2021 provide for the Expedited Cases List to become the Complex Cases List from that date. The amending rules provide that the Complex Cases List shall consist of any proceeding that is appropriate for more intensive case management. Transitional provisions in the amending rules provide that proceedings in the Expedited Cases List immediately before 1 March 2022 are, on that day, taken to be entered in the Complex Cases List.

There is also a newly established Arbitration List, for all matters under the Commercial Arbitration Act 2011.

The commentaries in the By Lawyers County Court – Act for the Plaintiff and County Court – Act for the Defendant publications have been updated to include these new County Court lists.

This is the final tranche of changes under these rules amendments. Other changes that have already commenced relate to the preparation and filing of affidavits and exhibits in the County Court, and mediation by the registrar. See our previous News & Updates posts in that regard.

County Court VIC – Commentary update

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Commentary update for new Practice Note PNCLD 2-2018

The commentary in the By Lawyers County Court Guide have been updated by our author, barrister Nawaar Hassan, to reflect the changes in practice and procedure in the Common Law Division, with the introduction of the new Practice Note PNCLD 2-2018 which commenced on 1 August 2018.

Key points of the Commentary update

Notably, the new practice note:

  • Disbands the Civil Directions Group, with directions and orders now being managed by the Commercial and Common Law Registries;
  • Introduces an obligation on the plaintiff to file a ‘Mediation Results Order’ where proceedings are settled at or after mediation; and
  • Covers the practice and procedure in relation to eCourtbooks, which must be provided in addition to a hard copy Court Book from 1 August 2018.

Relax!

By Lawyers always keep you up to date with developments in practice and procedure in the courts covered by our Guides.

VIC – County Court – Author Review

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The By Lawyers author of Victorian Civil Litigation and Injuries, Nawaar Hassan, Barrister, has reviewed the County Court publication including commentary, matter plans and precedents. Various enhancements have been made, including expansion and clarification of commentary relating to:

  • Directions hearings, administrative mentions and the civil directions group;
  • Offers of compromise and Calderbank offers;
  • Dealing with self-represented litigants;
  • New efiling procedures and requirements;
  • Commencing proceedings and claiming interest;
  • Counterclaims by the defendant and claims for contribution or indemnity;
  • Subpoenas and notices to produce;
  • Retaining an expert.

Precedent letters instructing expert witnesses have also been updated.

County Court Civil VIC

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County Court Civil 

OCTOBER 
  • Costs Agreements
    • Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
    • Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.

APRIL

  • File Cover Sheets for all publications have been completely re-formatted for a better look.

FEBRUARY

  • Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
  • County Court commentary (VIC) – has been reviewed and updated to reflect County Court Vic practice note changes. These include:
    • Common Law Division (PNCL 1-2016) – this practice note provides information on the operation and management of the Common Law Division (divided into the General, Defamation, Medical, Applications, Family Property, WorkCover, Serious Injury and Confiscation Lists).
    • Commercial Division – these practice notes ensure that practitioners and litigants are that the Commercial Division offer flexible arrangements to circuit matters to ensure that litigants in issuing in those courts are not disadvantaged. These include Banking and Finance Lists, Building Cases Lists and Expedited Cases List.

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