Magistrates Court (Civil Division) Amendment Rules 2008 (TAS)

Magistrates Court (Civil Division) Amendment Rules 2008

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

1Short titleThese rules of court may be cited as the Magistrates Court (Civil Division) Amendment Rules 2008 . 2CommencementThese rules of court take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules of court, the Magistrates Court (Civil Division) Rules 1998 are referred to as the Principal Rules. 4Rule 19A insertedAfter rule 19 of the Principal Rules , the following rule is inserted in Division 1: 19ABody of persons acting in proceedings (1)  In any proceeding, a body of persons may be represented by a natural person who may, but need not be, a practitioner. (2)  Subrule (1) applies regardless of whether the body of persons is – (a) a party to the proceeding; or (b) incorporated or unincorporated. 5Schedule 1 amended (Costs and expenses) Schedule 1 to the Principal Rules is amended by omitting

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 and not exceeding $20 000

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

These rules of court were made by the Magistrates Rule Committee at a meeting held on 29 April 2008.

A. G. SHOTT

Chief Magistrate

M. R. HILL

Deputy Chief Magistrate

P. F. DIXON

Member

S. F. MOLLARD

Member

GLENN HAY

Member

CHRIS WEBSTER

Member

T. J. HILL

Member

MARK RAPLEY

Member

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

Notified in the Gazette on 7 May 2008

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) providing that, in any proceeding, a body of persons may be represented by a natural person; and (b) adjusting, in line with the Court’s expanded jurisdiction, the scale of “costs to be endorsed on process” to accommodate claims over $20 000.