Magistrates Court (Civil Division) Amendment (Cost Scales) Rules 2010 (TAS)

Magistrates Court (Civil Division) Amendment (Cost Scales) Rules 2010

The Magistrates Rule Committee makes the following rules of court under section 15AE of the Magistrates Court Act 1987 .

1Short titleThese rules may be cited as the Magistrates Court (Civil Division) Amendment (Cost Scales) Rules 2010 . 2CommencementThese rules take effect 7 days after the day on which their making is notified in the Gazette. 3Principal RulesIn these rules, the Magistrates Court (Civil Division) Rules 1998 are referred to as the Principal Rules. 4Rule 138A insertedAfter rule 138 of the Principal Rules , the following rule is inserted in Division 1: 138AEntitlement to disbursements Unless the court orders otherwise, a successful party in an action is entitled on judgment to the disbursements specified in items 3, 4, 5 and 6 of the table in Schedule 2 for photocopying, STD calls, court fees, other fees and payments and expert reports, respectively. 5Schedules 1 and 2 substituted Schedules 1 and 2 to the Principal Rules are rescinded and the following Schedules are substituted: Schedule 1Costs and expenses PART 1Routine actions

Item	Not exceeding $10 000	Exceeding $10 000 and not exceeding $20 000	Exceeding $20 000
1.	Filing claim for sum of money (defence and counterclaim allowed only as one item) - to the nearest $10	4% of judgment sum	4% of judgment sum	4% of judgment sum, up to maximum of $1 200
2.	Filing claim other than for sum of money	$600	$600	$600
3.	Routine request relating to discovery or inspection, including costs for perusal of reply	$60	$105	$150
4.	Request requiring drafting of particulars or interrogatories including costs for perusal of reply	$150	$225	$300
5.	Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply	$300	$450	$600
6.	For each of the following:
(a) replying to –
(i) request under item 3 or 4	$150	$225	$300
(ii) notice under item 5	$150	$225	$300
(b) providing personal injury particulars	$150	$225	$300
(c) making discovery (if required under these rules)	$150	$225	$300
7.	Preparing, filing and serving an application, including proof of service	$75	$150	$225
8.	Simple affidavit	$45	$60	$75
9.	Lengthy affidavit	$120	$150	$225
10.	Any aspect not otherwise provided for and incidental to preparing for trial, including proofing witnesses, advice on evidence and law and delivering brief to counsel, including in-house counsel - to the nearest $10	10% of judgment sum	10% of judgment sum	10% of judgment sum, up to maximum of $3 000
11.	Arranging witnesses for trial, including obtaining, filing and serving expert reports - each witness	$45	$60	$75
12.	Issuing and serving summons to witness - each witness	$45	$60	$75
13.	Filing default judgment, garnishee application or warrant to sell property not otherwise provided for	$45	$45	$45
14.	Service of document not in the usual course served by the Court and not otherwise provided for  –
(a) personal service, if required by these rules	$90	$90	$90
(b) other manner of service	$45	$45	$45
15.	Preparing bill of costs, including attendance on assessment	$255	$265	$300
16.	Attendance for inspection (any party)	$120	$150	$180
17.	Attendance at listing conference, directions hearing or routine application	$60	$90	$120
18.	Attendance at application requiring special argument or at conciliation conference	$120	$180	$225
19.	Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute	$225	$345	$450
(b) if quantum and liability in dispute	$300	$450	$600
20.	Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day	$1 130	$1 355	$1 800
(b) each subsequent day	$750	$900	$1 200
21.	Attendance as counsel for judgment	$75	$75	$75

PART 2Complex actions

Item	Not exceeding $10 000	Exceeding $10 000 and not exceeding $20 000	Exceeding $20 000
1.	Filing claim for sum of money (defence and counterclaim allowed only as one item) - to the nearest $10	6% of judgment sum	6% of judgment sum	6% of judgment sum, up to maximum of $1 800
2.	Filing claim other than for sum of money	$900	$900	$900
3.	Routine request relating to discovery or inspection, including costs for perusal of reply	$60	$105	$150
4.	Request requiring drafting of particulars or interrogatories, including costs for perusal of reply	$150	$225	$300
5.	Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply	$450	$600	$750
6.	For each of the following:
(a) replying to –
(i) request under item 3 or 4	$225	$340	$450
(ii) notice under item 5	$225	$340	$450
(b) providing personal injury particulars	$225	$340	$450
(c) making discovery (if required under these rules)	$225	$340	$450
7.	Preparing, filing and serving an application, including proof of service	$75	$150	$255
8.	Simple affidavit	$45	$60	$75
9.	Lengthy affidavit	$120	$150	$225
10.	Any aspect not otherwise provided for and incidental to preparing for trial, including proofing witnesses, advice on evidence and law and delivering brief to counsel, including in-house counsel - to the nearest $10	15% of judgment sum	15% of judgment sum	15% of judgment sum, up to maximum of $4 500
11.	Arranging witnesses for trial, including obtaining, filing and serving expert reports - each witness	$45	$60	$75
12.	Issuing and serving summons to witness - each witness	$45	$60	$75
13.	Filing default judgment, garnishee application or warrant to sell property not otherwise provided for	$45	$45	$45
14.	Service of document not in the usual course served by the Court and not otherwise provided for –
(a) personal service, if required under these rules	$90	$90	$90
(b) other manner of service	$45	$45	$45
15.	Preparing bill of costs, including attendance on assessment	$255	$265	$300
16.	Attendance for inspection (any party)	$165	$240	$315
17.	Attendance at listing conference, directions hearing or routine application	$120	$180	$225
18.	Attendance at application requiring special argument or at conciliation conference	$240	$360	$450
19.	Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute	$225	$345	$450
(b) if quantum and liability in dispute	$300	$450	$600
20.	Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day	$1 350	$1 800	$2 250
(b) each subsequent day	$900	$1 200	$1 500
21.	Attendance as counsel for judgment	$75	$75	$75

PART 3Costs endorsed on process

Item	Amount	claimed	in action
Not exceeding $1 000	Exceeding $1 000 and not exceeding $3 000	Exceeding $3 000 and not exceeding $5 000	Exceeding $5 000 and not exceeding $10 000	Exceeding $10 000
1.	Preparing and filing liquidated claim	$90	$180	$270	$360	$450
2.	Entering default judgment	$45	$45	$45	$45	$45
3.	Assessing damages under rule 119	$75	$90	$105	$120	$180
4.	Preparing and filing warrant to sell property or garnishee application	$45	$45	$45	$45	$45

Schedule 2Witness fees and disbursements

Rules 104 and 138A

1.	Witness fees
(a) Professional, scientific or other expert witness (each day)	$525 or other amount ordered by the Court or determined by assessment officer
(b) Other adult person (each day)	$225
(c) Person under 18 years of age (each day)	$75
2.	Witness expenses
Travel expenses (including meals, travelling and accommodation)	At the same rate and on the same terms as prescribed for equivalent allowance in the General Conditions of Service Award under the Industrial Relations Act 1984 for employees within the meaning of the State Service Act 2000
3.	Photocopying
each page	75 cents
4.	STD calls	Actual cost
5.	Court fees, other fees and payments, excluding the usual and incidental expenses and overheads of a legal practice and in particular excludes postage, telephone charges (non-STD) and courier expenses	To the extent to which they have been properly and reasonably incurred and paid
6.	Expert reports	$450 or other amount ordered by the Court or determined by assessment officer

These rules of court were made by the Magistrates Rule Committee at a meeting held on 25 February 2010.

M. R. HILL

Chief Magistrate

G. A. HAY

Member

M. B. BARTLETT

Member

C. P. WEBSTER

Member

P. F. DIXON

Member

T. J. HILL

Member

O. McTAGGART

Member

S. F. MOLLARD

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 March 2010

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule) These rules of court amend the

(a) prescribing an entitlement for a successful party in an action to recover certain disbursements; and (b) increasing the fees for certain – (i) costs and expenses; and (ii) witness fees and disbursements.