Local Courts (Civil Claims) Act 1970 Rule relating to the costs recoverable in civil actions in Local Courts (1991-568) [GG No 153 of 1.11.1991] (NSW)

1991—No. 568

LOCAL COURTS (CIVIL CLAIMS) ACT 1970—RULE

(Relating to the costs recoverable in civil actions in Local Courts)

NEW SOUTH WALES

[Published in Gazette No. 153 of 1 November 1991]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Local Courts (Civil Claims) Act 1970, has been

pleased to make the Rule set forth hereunder.

TERRY GRIFFITHS

Minister for Justice.

Commencement

1. Clauses 2 and 4 commence on 1 November 1991.

Amendment of Past 31, rule 6

2. Part 31 of the Local Courts (Civil Claims) Rules 1988 is amended:

(a)	by inserting in rule 6 (1) (a) after the word “reduction” the words “or increase”;
(b)	by omitting rule 6 (1) (b) and by inserting instead the following paragraph:

(b) fees to solicitors, properly incurred, are to be calculated:

(i)  at 35% of the fixed fee, if costs are allowed on the 1st scale;

(ii)  at 55% of the fixed fee, if costs are allowed on the 2nd scale;

(iii)  at 90% of the fixed fee, if costs are allowed on the 3rd scale;

1991—No. 568

(iv)  at the amount of the fixed fee, if costs are allowed on the 4th scale; or

(v)  at 125% of the fixed fee, if costs are allowed on the 5th scale.

(c) by inserting after rule 6 (1) the following subrule:

(1A) In subrule (1) (b), “fixed fee” means the fee determined

or fixed under rule 7, 8 or 10, whichever is applicable.

(d) by omitting rule 6 (2) (c) and (d) and by inserting instead the following paragraphs:

(c)	exceeds $2,000 but does not exceed $5,000, on the 3rd scale;
(d)	exceeds $5,000 but does not exceed $15,000, on the 4th scale; or

(e) exceeds $15,000, on the 5th scale.

(e) by inserting in rule 6 (2A) after the word “reduced” wherever occurring the words “or increased”.

Amendment of Part 31, rule 7

3. Part 31 of the Local Courts (Civil Claims) Rules 1988 is further

amended:

(a) by omitting from rule 7 (1) the words “ Magistrate before whom

the action or cross-claim is heard (or, in the case of an action or cross-claim determined under section 15 (1) of the Arbitration (Civil Actions) Act 1983, a Magistrate on the application of a party)” and by inserting instead the words “court or arbitrator”;

(b) by omitting from rule 7 (2) the word “Magistrate” wherever

occurring and by inserting instead the words “court or arbitrator”.

Saving

4. The amendments made by clause 2 have no effect in relation to an

action commenced before 1 November 1991. Costs in any such action are to be ascertained in accordance with Part 31, rule 6 of the Local Courts (Civil Claims) Rules 1988 as in force immediately before 1 Novernber

1991—No. 568

EXPLANATORY NOTE

The object of this Rule is to amend Part 31, rule 6 of the Local Courts (Civil Claims) Rules 1988 to provide for additional scales of costs to apply in civil actions in Local Courts as a consequence of the increase of the jurisdiction of those courts

to $40,000 on 1 November 1991.

An amendment is also made, by way of law revision, to Part 31, rule 7 of those

Rules.