Justice William Charles Crockett AO - Victorian Bar

the legal practitioner may not, in respect of the transaction,charge more than he or she would have been entitled tocharge if he or she were acting only for the mortgagee, lessoror creditor as the case may be.11. In respect of loans not exceeding $110,000 where a legalpractitioner acts for a society registered under the provisionsof the Co-operative Housing Societies Act 1958his or her charge under Part A or Part C of the SecondSchedule shall be reduced to 75 per cent of the charge otherwiseappropriate.12. The Second and Third Schedules shall not apply to mattersor transactions concerning any premises subject to alicence as defined in the Liquor Control Act 1987 and,accordingly, the First Schedule shall apply to those mattersor transactions.INSTRUCTIONSFIRST SCHEDULE1. A charge may be made by way of instructions in additionto the items hereinafter contained in this Schedule havingregard to all the circumstances of the case including the following:(a) The complexity of the matter and the difficulty andnovelty of the questions raised or any of them;(b) The importance of the matter to the client;(c) The skill, specialised knowledge and responsibilityinvolved;(d) The number and importance of the documents preparedor perused, without regard to length;(e) The place where and the circumstances in which thebusiness or any part thereof is transacted;(f) The labour involved and the time spent on the business;(g) The amount or value of any money or propertyinvolved; and(h) The nature of the title to any land involved.Notes:(1) A charge shall not be made pursuant to this item inrespect of the sale, purchase or transfer of land wherethe consideration does not exceed $60,000.(2) The charge pursuant to this item in respect of the sale,purchase or transfer of land where the considerationexceeds $60,000 shall not exceed 0.3 per centum of theconsideration.DRAWING2. Any document including memoranda of instructions tocounsel not in an action or a proceeding in court:(a) not in print, per folio — $15.00 to $24.40(b) partly in print, for so much as remains in print, per folio— $7.40(c) partly in print, for so much as is not in print, per folio— $15.00 to $24.40Note:There are approximately three folios in each A4 page.TYPEWRITING3. (1) Per folio — $9.30(2) For each carbon copy, photocopy or other machinemade copy, per page — $1.70.FACSIMILES4. Transmitting or receiving written material by means of thelegal practitioner’s own facsimile machine as follows:Transmitting: First page — $9.70.Each subsequent page — $3.30Receiving: First page — $9.70Each subsequent page — $1.70EMAILReceiving written material by means of electronic transmission(email) as follows:First page including copy of first page — $9.70Copy of second and subsequent pages, per page — $1.70PERUSING5. When it is necessary to peruse any document or part of adocument (including correspondence), whether in print ornot, per folio — $9.30.6. When it is not necessary to peruse a document or correspondencebut scanning of the document or correspondenceis warranted, e.g. to determine the relevance orotherwise of the document or correspondence, per folio— $4.80.LETTERSIncluding sending by electronic transmission (email)7. Formal acknowledgment or the like, e.g. letter enclosingdocuments, requesting a reply, etc. — $24.40.8. Circular letters, i.e. letters which except for the particularsof address are identical, for each letter after the first— $12.00.9. Other letters — $35.70 or such charge as is fair and reasonablehaving regard to items l, 2 and 3 of this Schedule.ATTENDANCES10. To file, lodge or deliver any documents or other papers, toobtain an appointment or to obtain stamping of a document,to insert an advertisement, or other attendance of a similarnature capable of performance by a junior clerk — $44.05.11. Making an appointment by telephone or similar telephoneattendance capable of performance by a junior clerk— $19.30.12. On counsel with case for opinion or other papers or toappoint consultation or conference — $67.50.13. On consultation or conference with counsel — $167.00.After the first hour, per half-hour or part thereof — $83.20to $129.70.14. Searching title and other searches, per half-hour or partthereof — $55.30.15. On settlement of a conveyancing or commercial matter— $53.30 to $83.50 After the first half-hour, per half-houror part thereof — $83.50 to $129.70.16. Attendance by telephone or otherwise requiring the personalattendance of a legal practitioner or his or her managingor senior clerk and involving the exercise of skill or legalknowledge; per quarter-hour or part thereof — $37.40 to$69.20.17. All other attendances; per quarter-hour or part thereof— $37.40.JOURNEYS18. For time spent occupied in necessary travel to and fromor necessarily spent in any place whether in or outside13