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Amendments to Cost Scales for Employers/Insurers Operating in the District and Supreme Courts and WorkCover WA as of 1 July 2020

The following is a summary of the changes to the costs scales relevant to employers/insurers operating in the District and Supreme Courts and WorkCover WA.
District and Supreme Court (including District Court appeals)
From 1 July 2020 the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2020 replaced the Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018 and the Legal Profession (District Court Appeals) (Contentious Business) Determination 2018.
Table A – Hourly and Daily Rates
The only change made to the hourly and daily rates of fee earners is an increase to the maximum allowable rates charged by counsel (as opposed to senior counsel).

Pre 1 July 2020
New Rate

Counsel Hourly Rate
$418
$451

Counsel Daily Rate
$4,180
$4,510

Table B – Supreme Court Scale of Costs 2020
Most amendments reflect the increase to the maximum amounts chargeable from item to item by counsel as a result of the increase in the allowable rate.
There were, however, some other amendments:

Item 17(a) to (e): Applications for Compromise under Order 70, Rules of the Supreme Court:

New item introduced to provide for fees relating to applications made pursuant to Order 70 to compromise a claim for a plaintiff under a disability. The allowance for a brief to counsel in Item 17(c) is only permitted if counsel providing the opinion is not already briefed.

Item 18(b): Preparation of schedules required by Rules 45C and 45D, District Court Rules.

There has been an increase in the maximum hours chargeable. Previously only 8 hours could be charged at the senior practitioner rate, whereas now up to 12 hours can be.

Item 22(h): Refresher fees for counsel:

New item introduced to allow counsel and senior counsel to charge up to 1 full day’s fees for time spent revising a case, after conclusion of part of a hearing where 20 or more business days have passed before the subsequent part/s commence. The Court has ultimate discretion in deciding if such a charge is reasonable in the circumstances.

Item 26: District Court appeals:

New item introduced to incorporate the costs claimable under the Legal Profession (District Court Appeals) (Contentious Business) Determination 2018 in order to consolidate the determinations.

Item 32(b):

The description of this item has been expanded to avoid confusion/provide clarity as to what is chargeable at taxation and under what item those activities should be charged. It now includes attendance at mediations or conferences convened by the Court and any time spent attending to matters raised in the Rules and Practice Directions.
WorkCover WA
The Workers’ Compensation (Legal Profession and Registered Agents) Costs Determination 2018 applies to the remuneration of legal practitioners and registered agents for work carried out relating to WorkCover proceedings.
A new determination has not been released but the determination sets out the maximum allowable hours chargeable by reference to the Magistrates Court costs scale.
The Magistrates Court costs scale has been amended by the Legal Profession (Magistrates Court) (Civil) Determination 2020 came into operation on 1 July 2020. All hourly rates remain the same, except for counsel’s rates.

Pre 1 July 2020
New Rate

Counsel Hourly Rate
$341
$363

Counsel Daily Rate
$3,410
$3,630

Note though the Workers’ Compensation (Legal Profession and Registered Agents) Costs Determination 2018 does not provide for work performed by counsel, so there is effectively no change to the determination.
Summary
There have only been minimal changes.
There are steps that can be taken to further minimise any potential increase in legal costs associated with District and Supreme Court actions:

Pay particular attention to the costs agreements of barristers (particularly junior barristers) prior to retaining them;
Where possible, drive claims in which plaintiff’s retain Counsel towards opportunities for resolution; and
Increase scrutiny of the plaintiff’s bill of costs.

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Kott Gunning COVID-19 Response Team

In order to protect the wellbeing of our staff, clients and the community, Kott Gunning Lawyers have successfully transitioned to a predominantly remote working model, with meetings taking place remotely via conference calls and secure online platforms. We continue have full capacity to offer our clients the legal support we have offered throughout our 100-year history of supporting Western Australian businesses.
The future of many businesses is looking uncertain at this present time and the impact of the changes due to COVID-19 are significant.
Kott Gunning have assembled a specialised COVID-19 Response Team from the various practice areas across the firm who have come together to assist clients as they work through the potential ramifications of COVID-19 on their businesses, their people and their stakeholders.
We are seeing increased discussions about health and safety and employee relations; receiving large requests for construction and other contract review and property lease enquiries, from both tenants and owners and many private clients are wanting to consider their estate planning. The regulatory environment for businesses and corporations is rapidly changing. We are seeing fundamental changes, challenges and increased activity in commercial litigation and disputes, workers’ compensation, insurance, restructuring and insolvency, planning and infrastructure law.
Kott Gunning are available to work closely with our clients to provide pragmatic advice, sensible guidance and insightful perspectives.
Further information and updates related to each of these topics will be made available on our website, through our Legal Updates and on our LinkedIn page.
Should you need any assistance, please feel free to contact me or any of the firm’s Partners.

 
Stephen Williams
Managing Partner
[email protected]
 
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Laurie James Retirement Notice

Laurie James AM began his career long association with Kott Gunning as an articled clerk in 1963. Evidently he was recognised as a clever young man, as he was made Partner in 1967. Not that surprising perhaps for a first class honours graduate, although those few who achieve that degree of academic excellence do not always enjoy the same measure of success as a lawyer.  Laurie, however, throughout his career was also recognised as an outstanding practitioner and for many years, pre-eminent in the field of building and construction law, which was his main area of expertise.
Laurie’s contribution to every facet of the business of Kott Gunning over the years has in truth been phenomenal.  As well as leading Kott Gunning’s building and construction team for many years, Laurie has been lead partner in commercial litigation and local government, an invaluable advisor to our insurance team and a much sought after arbitrator.  He has served a managing partner and as senior partner during the period prior to his retirement.
Laurie’s presence in the office will be missed enormously at a personal level by all members of the team who have had the good fortune to work with or support him.  Everyone in the team though, will miss Laurie’s good humour and equanimity as well as his remarkable intellect and capacity for dispassionate logical analysis of virtually every type of legal problem.
Vidal Hockless (managing partner from 1997 to 2005) noted:
“Laurie was my first boss when I joined KG.  He knew everything – which was great, because I knew next to nothing and had a lot of questions.  I never got over his amazing ability to manage his working environment and not succumb to the more usual formula of files and paper everywhere.  There was just never anything but one file on his desk, something I have always wished to emulate but have never got anywhere near achieving.”
Laurie’s personal decency, fairness, humour, and honesty have been an example to everyone in the firm, both past and present for over 50 years, and continue to represent the qualities that we would all like to be known for.  Laurie is a lawyer/partner/colleague who has left his mark and will be greatly missed.
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