Fees - Civil Matters
Scale of Fees for Civil Matters $1 - $750,000
This is the scale of fees for counsel’s work in less complicated civil matters in the Magistrates Court, the District Court, the Federal Circuit Court and QCAT.
It is based on Schedule 3 of the Uniform Civil Procedure Rules 1999 as a model.
The scale is subject to a “fair go” exclusion in the case of litigation which is more complex than the quantum involved would suggest; that is it is designed to accommodate relatively straight forward actions in the lower Courts. Participating solicitors and counsel accept this is a “swings and roundabouts” solution to costing matters in the lower courts.
Prices do not include a GST component which is payable in addition to the scale fee.
Use of this scale requires agreement of both solicitor and counsel. Counsel agrees to review any brief delivered without fee to determine whether it is reasonable to apply the scale.
Where there is a gap in the scale table it may be filled by reference to other matters in the table.
Scale of Fees for Civil Matters
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E |
F |
| Scale Item No. |
Item Description |
$1
to
$10,000 |
$10,001
to
$20,000 |
$20,001
to
$50,000 |
$50,001
to
$150,000 |
$150,001
to
$250,000 |
$250,001
to
$750,000 |
| Pleadings |
| 1 |
to settle claim and statement of claim (application in Federal Magistrates Court) |
$240.00 |
$300.00 |
$500.00 |
$1,000.00 |
$2,400.00 |
$240.00 per hour to a maximum of $5,000.00 and a minimum of $2,400.00 |
| 2 |
to settle defence and notice of intention to defend (response in Federal Magistrates Court) |
$240.00 |
$300.00 |
$500.00 |
$1,000.00 |
$2,400.00 |
$240.00 per hour to a maximum of $5,000.00 and a minimum of $2,400.00 |
| 3 |
to settle counterclaim |
$240.00 |
$300.00 |
$500.00 |
$1,000.00 |
$2,400.00 |
$240.00 per hour to a maximum of $5,000.00 and a minimum of $2,400.00 |
| 4 |
to settle answer to counterclaim |
$240.00 |
$300.00 |
$500.00 |
$1,000.00 |
$2,400.00 |
$240.00 per hour to a maximum of $5,000.00 and a minimum of $2,400.00 |
| 5 |
to settle reply or rejoinder or similar response |
$240.00 |
$300.00 |
$500.00 |
$1,000.00 |
$1,500.00 |
$240.00 per hour to a maximum of $5,000.00 and a minimum of $2,400.00 |
| Evidence |
| 6 |
to settle special affidavit |
$200.00 |
$300.00 |
$500.00 |
$1,000.00 |
$1,500.00 |
$240.00 per hour to a maximum of $5,000.00 and a minimum of $1,800.00 |
| 7 |
to settle interrogatories or answers to interrogatories |
$200.00 |
$300.00 |
$500.00 |
$1,000.00 |
$1,800.00 |
$240.00 per hour to a maximum of $1,800.00 |
| 8 |
on conference for a time up to and including the first hour and then per hour on a pro rata basis using a 5 minute time keeping interval |
$200.00 |
$220.00 |
$240.00 |
$240.00 |
$240.00 |
$240.00 |
| 9 |
on an inspection of works or other site inspection or a similar attendance for a time up to and including the first hour and then per hour on a pro rata basis using a 5 minute time keeping interval |
$200.00 |
$220.00 |
$240.00 |
$240.00 |
$240.00 |
$240.00 |
| 10 |
to advise on evidence comprising an oral advice and a short written summary in the nature of bullet points |
$200.00 |
$300.00 |
$500.00 |
$1,000.00 |
1,500.00 |
$240.00 per hour to a maximum of $5,000.00 |
| Trial |
| 11 |
on trial or hearing (other than an application in a proceeding) for the day appearing or thrown away per day |
$1,250.00 |
$1,530.00 |
$1,680.00 |
$2,180.00 |
$2,250.00 |
$2,400.00 |
| 12 |
on each subsequent day of hearing if the matter occupies less than two hours |
$370.00 |
$505.00 |
$565.00 |
$700.00 |
$750.00 |
$950.00 |
| Ending Proceedings Early |
| 13 |
on preparation of outline of argument and appearance on application for summary judgment, applying or defending |
$500.00 |
$750.00 |
$1,000.00 |
$1,500.00 |
$2,000.00 |
$2,400.00 |
| 14 |
on preparation of outline of argument and appearance on application to strike out, applying or defending |
$500.00 |
$750.00 |
$1,000.00 |
$1,500.00 |
$2,000.00 |
$2,400.00 |
| Applications |
| 15 |
on preparation of outline of argument and appearance on application, applying or defending |
$500.00 |
$750.00 |
$1,000.00 |
$1,500.00 |
$2,000.00 |
$2,400.00 |
| Taking in Judgment |
| 16 |
to appear on a deferred or reserved judgment and argue costs |
$240.00 |
$240.00 |
$300.00 |
$500.00 |
$750.00 |
$950.00 |
| Appeals |
| 17 |
to drawing notice of appeal and grounds |
$240.00 |
$240.00 |
$300.00 |
$500.00 |
N/A – proceedings are in District Court |
N/A – Proceedings are in District Court |
| 18 |
to drawing outline of argument in compliance with practice directions |
$1,200.00 |
$1,500.00 |
$1,800.00 |
$2,400.00 |
N/A – proceedings are in District Court |
N/A – Proceedings are in District Court |
| 19 |
to appearing on application for leave to appeal |
$1,200.00 |
$1,500.00 |
$1,800.00 |
N/A – above $25,000 appeal is as of right |
N/A – proceedings are in District Court |
N/A – Proceedings are in District Court |
| 20 |
to appearing on hearing appeal |
$1,200.00 |
$1,500.00 |
$1,800.00 |
$2,400.00 |
N/A – proceedings are in District Court |
N/A – Proceedings are in District Court |
| Other Items |
| 21 |
an item not accounted for in the scale, a fee not to exceed per hour on a pro rata basis using a 5 minute time keeping interval |
$125.00 |
$150.00 |
$180.00 |
$220.00 |
$240.00 |
$240.00 |
| Outlays |
| 22 |
outlays are at cost |
| Travel |
| 23 |
travel costs are at cost plus GST |
| 24 |
no charge is to be made for travel time |
| 25 |
an out of chambers fee is to be paid in respect of each night counsel is required to stay outside the town where counsel ordinarily practices |
$180.00 |
$200.00 |
$220.00 |
$240.00 |
$240.00 |
$240.00 |
Goods and Services Tax. Prices do not include a GST component which is payable in addition to the scale fee.
Indemnity Costs. Where indemnity costs are awarded, any items which correspond to an award of indemnity costs are uplifted to the extent that the Court makes its award or alternatively where no specific fee is nominated by the Court then by an additional 50% on all professional costs but not outlays.
