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Legislative Assembly for the ACT: 2002 Week 11 Hansard (26 September) . . Page.. 3352 ..

MR STANHOPE (continuing):

a particular threshold. The amendment better focuses the operation of these provisions on small claims.

The reduction to $50,000 better aligns the bill with the jurisdictional split between the Magistrates Court and the Supreme Court. The jurisdiction limit at the Magistrates Court is $50,000 and the same amount is proposed for that in the amendment. Better focusing of the provision on small claims will tend to reduce the number of matters that require counsel attention or the type of process in the Supreme Court that might otherwise reasonably increase legal costs.

MS DUNDAS (5.14): The Democrats will be supporting these amendments. We are aware that they bring the situation into line with the claims limit for the Magistrates Court and support them on that basis. If there were a lifting of the claims limit in the Magistrates Court, we would be proposing that the current limit in the Civil Law (Wrongs) Bill be lifted with it, that is, that this capping of legal fees apply to cases before the Magistrates Court.

I am yet to be convinced that there is any need to pay lawyers over 20 per cent of claims for damages, although there is anecdotal evidence that many claims are about 35 per cent. I believe that to be far too high for many cases. In today's Sydney Morning Herald there is a report regarding a Queensland law firm, Baker Johnson, operating on a no-win, no-fee basis and claiming $5,000 to compensate for a plaintiff's back injury. The law firm kept the $5,000 and then issued a bill for a further $7,000. In fact, the legal fees ended up being 245 per cent of the total claim. I reluctantly support this concession to the legal fraternity in their ongoing quest to ensure that they are well remunerated for the important work that they do.

Amendments agreed to.

Clause 114, as amended, agreed to.

Clause 115.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (5.15): Mr Speaker, I move amendment No 6 circulated in my name [see schedule 3 at page 3371].

Amendment agreed to.

Clause 115, as amended, agreed to.

Clause 116.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (5.16): I seek leave to move together amendments Nos 7 and 8 circulated in my name, Mr Speaker.

Leave granted.

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