County Court (Chapter I Costs Amendment) Rules 2024 (Vic)

County Court (Chapter I Costs Amendment) Rules 2024

S.R. No. 135/2024

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Definitions

6Copies on request

7Inspection of documents referred to in affidavit of documents

8When interrogatories allowed

9Taxed or other costs provision

10Default judgment

11New Rule 63A.34 inserted

12Rule 63A.34A amended

13Application to the Costs Court for taxation

14Rule 63A.48 revoked

15Rule 63A.64 revoked

16Part 7 of Order 63A revoked

17Schedule 1 substituted

18Schedule 2 revoked

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Endnotes

STATUTORY RULES 2024

S.R. No. 135/2024

County Court Act 1958

County Court (Chapter I Costs Amendment) Rules 2024

A majority of the Judges of the County Court makes the following Rules:

1Object

The object of these Rules is to amend Chapter I of the Rules of the County Court—

(a)to provide for an increase to the circuit fees in Schedule 1 to those Rules;

(b)to adopt the Supreme Court costs scale, including in relation to witnesses' expenses and interpreters' allowances; and

(c)to make other amendments in relation to costs.

2Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 1 January 2025.

4Principal Rules

In these Rules, the County Court Civil Procedure Rules 2018[1] are called the Principal Rules.

5Definitions

(1)In Rule 1.13(1) of the Principal Rules, the definition of County Court costs scale is revoked.

(2)In Rule 1.13(1) of the Principal Rules insert the following definition—

"Supreme Court costs scale means Appendix A to Chapter I of the Rules of the Supreme Court, and for the purposes of that scale the circuit fees are set out in Schedule 1;".

6Copies on request

For Rule 27.05(1) of the Principal Rules substitute—

"(1)A party who prepares a document for use in the Court shall, on the request of any other party entitled to a copy of the document and on payment of a charge at a reasonable rate for copying a document, supply that party with a copy of the document.".

7Inspection of documents referred to in affidavit of documents

In Rule 29.09(6)(b) of the Principal Rules, for "in the County Court costs scale" substitute "at a reasonable rate".

8When interrogatories allowed

In Rule 30.02(5) of the Principal Rules, for "not necessary" substitute "unreasonable".

9Taxed or other costs provision

After Rule 63A.07(2) of the Principal Rules insert—

"(3)Unless the Court otherwise orders, the Costs Court may order a gross sum in lieu of taxed costs—

(a)on application by any party; or

(b)on its own motion.".

10Default judgment

In Rule 63A.08(1) of the Principal Rules, for "County Court costs scale" substitute "Supreme Court costs scale".

11New Rule 63A.34 inserted

Before Rule 63A.34A of the Principal Rules insert—

"63A.34   Costs allowable

(1)Subject to paragraph (3) and Rules 63A.24 and 63A.25, on taxation, the costs to be paid to a party to whom costs are payable in a proceeding are to be taxed in accordance with the Supreme Court costs scale, unless the Court, or in the absence of a determination of the Court, the Costs Court, otherwise orders.

(2)Paragraph (1) applies whether the basis of taxation is the standard basis or the indemnity basis or any other basis that may have been directed.

(3)The Court, or in the absence of a determination of the Court, the Costs Court, on special grounds arising out of the nature and importance or the difficulty or urgency of the case, may allow an increase, not exceeding 30 per cent, of the maximums set out in Sections 1 and 4 of the Supreme Court costs scale with respect to—

(a)the proceeding generally; or

(b)any application, step or other matter in the proceeding.".

12Rule 63A.34A amended

(1)For the heading to Rule 63A.34A of the Principal Rules substitute—

"Costs incurred in other Court before remittal or transfer to County Court".

(2)Rule 63A.34A(1) of the Principal Rules is revoked.

(3)Rule 63A.34A(3) of the Principal Rules is revoked.

13Application to the Costs Court for taxation

At the foot of Rule 63A.38 of the Principal Rules insert—

"Note

Rule 63.42 of Chapter I of the Rules of the Supreme Court provides for the content of a bill of costs.".

14Rule 63A.48 revoked

Rule 63A.48 of the Principal Rules is revoked.

15Rule 63A.64 revoked

Rule 63A.64 of the Principal Rules is revoked.

16Part 7 of Order 63A revoked

Part 7 of Order 63A of the Principal Rules is revoked.

17Schedule 1 substituted

For Schedule 1 to the Principal Rules substitute—

"Schedule 1—Circuit fees

Rule 1.13(1)

Circuit town	Fee for first day	Further fee for each subsequent day
Bairnsdale	$747.00	$496.00
Ballarat	$472.00	$320.00
Bendigo	$563.00	$374.00
Geelong	$403.00	$255.00
Hamilton	$773.00	$516.00
Horsham	$773.00	$516.00
Mildura	$946.00	$628.00
Morwell	$570.00	$374.00
Sale	$670.00	$444.00
Shepparton	$649.00	$436.00
Wangaratta	$712.00	$469.00
Warrnambool	$747.00	$496.00
Wodonga	$773.00	$516.00

".

18Schedule 2 revoked

Schedule 2 to the Principal Rules is revoked.

Dated: 16 December 2024

PETER KIDD, Chief Judge	F. L. DALZIEL
M. E. SEXTON, Deputy Chief Judge	DAVID J. N. PURCELL
ELIZABETH GAYNOR	MY ANH TRAN
S S DAVIS	J VANDERSTEEN
J G MORRISH	JULIE CLAYTON
K L BOURKE	A ROBERTSON
MARK GAMBLE	M DEMPSEY
GERARD MULLALY	S BURCHELL
MICHAEL H. TINNEY	KATE HAWKINS
G CANNON	ANGELA ELLIS
C M QUIN	ANDREW FRAATZ
SARA HINCHEY	MARIA TSIKARIS
A J CHAMBERS	SIMON MOGLIA
SAMANTHA L MARKS	GARY CLARK
C R GWYNN	CAITLIN ENGLISH
D A TRAPNELL	PETER ROZEN
MICHAEL CAHILL	A M MAGEE
S. JOHNS	B A MYERS
MARTINE MARICH	D MANOVA
P. J. GINNANE	ROBYN L HARPER
A S PILLAY	S A KIRTON
R E CARLIN	MICHAEL WISE
JOHN CAIN	LIBERTY SANGER

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ENDNOTES

[1] Rule 4: S.R. No. 170/2018 as amended by S.R. Nos 29/2019, 69/2019, 106/2019, 142/2019, 16/2020, 27/2020, 28/2021, 158/2021, 90/2022, 131/2022, 73/2023, 77/2023, 81/2023, 120/2023 and 130/2023.