Scale of Costs

The Court Procedures Rules 2006 at rule 1722 (see volume 1) states that when assessing costs under this part (Judgments and other orders) a solicitor is entitled to charge costs under the prescribed scale of costs (the scale of costs in Schedule 4 of the Court Procedures Rules) multiplied by the prescribed percentage. While the prescribed percentage in the Supreme Court is 100 per cent, lesser percentages apply for proceedings in the Magistrates Court, depending on the quantum of the ‘relevant amount’.

Under rule 1722 any matters in the Magistrates Court involving an amount:

  • less than $10,000, the costs recoverable are assessed at 33% of the scale;
  • between $10,000 and $24,999.99 the costs are assessed at 67% of the scale;
  • between $25,000 and $39,999.99 the costs are assessed 80% of the scale;
  • between $40,000 and $49,999.99 the costs are assessed 90% of the scale; and
  • in excess of $50,000 at 100% of the scale.  

The following Scale of Costs appear in the Court Procedures Rules 2006:

  • Scale of Costs - General. Volume 3, Schedule 4, Part 4.1
  • Scale of Costs - Items. Volume 3, Schedule 4, Part 4.2