Western Australian Legislation
Western Australia Legal Aid Commission Act 1976 Legal Aid Commission (Costs) Rules 1990 Western Australia Legal Aid Commission (Costs) Rules 1990 Contents 1. Citation 1 2. Interpretation 1 3. Scales of fees 2 4. Application of Schedule 1 — assigned practitioners 3 5. Application of Schedule 2 3 6. Application of Schedule 3 — Counsel and Queen's Counsel fees 3 6A. Schedule 3 — special circumstances 4 7. Computation of daily rate and hourly rate under Schedule 1 or Schedule 3 4 8. Percentage of fees 5 9. Application of rule 8(a) 5 10. Fees for services in respect of multiple charges or offences 6 11. Fees for services in respect of more than one defendant 7 11A. Photocopying charges — Schedule 2 7 12. Travelling and waiting time 7 13. Payment for actual time spent travelling or in conference etc. 8 14. Travelling and special country allowances 9 15. Payment for exceptional work 9 16. Agents' fees 10 17. Court directed conferences 10 18. Reimbursement where costs recovered 11 20. Transitional and savings 11 Schedule 1 Fees payable under rule 3(a) Schedule 2 Fees payable under rule 3(b) Schedule 3 Fees payable under rule 3(c) Notes Compilation table 21 Defined terms Western Australia Legal Aid Commission Act 1976 Legal Aid Commission (Costs) Rules 1990
1. Citation These rules may be cited as the Legal Aid Commission (Costs) Rules 1990 1.
2. Interpretation In these rules, unless the contrary intention appears — approved has the meaning assigned to it in section 14(1a) of the Act; assigned practitioner means — (a) a private practitioner to whom a grant of legal aid under Part V Division 3 of the Act has been assigned; and (b) a practitioner employed by the Commission who, on behalf of the Director, has the conduct of a grant of legal aid assigned to the director; authorised officer means a member of the staff of the Commission authorised by the Director under section 36(2) of the Act to decide applications for legal aid; committee means a legal aid committee or a review committee established under section 24 or section 50 of the Act respectively as the context may require; folio means 100 words; legal services means services performed by a private practitioner or an agent or counsel briefed by the private practitioner by way of legal assistance under Part V Division 3 of the Act; page means where a document is drawn or engrossed 2 or more folios of one and a half spaced typed or printed words or figures amounting to not less than 200 words or figures of originally composed text; special circumstances includes — (a) the complexity of the facts; (b) the complexity of legal arguments which might reasonably be required; and (c) whether or not the legal aid assignment concerns a matter of public importance. [Rule 2 amended: Gazette 30 Oct 1992 p. 5332‑3.]
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