This Determination applies to the costs charged by lawyers, law clerks and paralegals in giving advice or acting in proceedings or potential proceedings before the Supreme Court of Western Australia and the District Court of Western Australia.
This Determination only applies to criminal law. Civil law is covered by a separate Determination.
Each Determination is reviewed every 2 years and commences on 1 July of the year in which it is reviewed. It covers all work done after the commencement of the Determination. Work done before the commencement of a Determination is covered by the earlier Determination for the same Court.
For example, if a lawyer does a bail application in February 2020, the 2018 Determination applies. If she or he does that application in July 2020, the 2020 Determination applies. If the work spans two different Determinations, eg a bail application in February 2020 and a trial in July 2020, the 2018 Determination applies to the bail application and the 2020 Determination applies to the trial.
This Determination does not apply where a client and their lawyer have entered into a written costs agreement under the Legal Profession Uniform Law Application Act 2022.
For additional information, refer to Part 3 'Application' of the Determination.
