Magistrates Court (Civil Division) Amendment Rules 2014 (TAS)

Magistrates Court (Civil Division) Amendment Rules 2014

The Magistrates Rule Committee makes the following rules of court under section 15AE of the Magistrates Court Act 1987 for the purposes of the Magistrates Court (Civil Division) Act 1992 .

1Short titleThese rules of court may be cited as the Magistrates Court (Civil Division) Amendment Rules 2014 . 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 25 amended (Action to be commenced by claim) Rule 25 of the Principal Rules is amended as follows: (a) by omitting from subrule (3)(b) "costs." and substituting "costs; and"; (b) by inserting the following paragraph after paragraph (b) in subrule (3) : (c) the amount claimed for service of the claim. (c) by omitting from subrule (4) "subrule (3)" and substituting " subrule (3)(b) "; (d) by inserting the following subrule after subrule (4) : (5)  The amount claimed for service of the claim under subrule (3)(c) is to be in accordance with item 14 of Part 1 of Schedule 1 . 5Rule 117 amended (Amount of default judgment) Rule 117(1) of the Principal Rules is amended as follows: (a) by omitting from paragraph (c)(ii) "judgment." and substituting "judgment; and"; (b) by inserting the following paragraph after paragraph (c) : (d) costs in accordance with item 14 of Part 1 of Schedule 1 . 6Rule 138A rescinded Rule 138A of the Principal Rules, as inserted by Statutory Rules 2010, No. 23, is rescinded. 7Schedule 1 substituted Schedule 1 to the Principal Rules is rescinded and the following Schedule is substituted: Schedule 1Costs and Expenses

Rules 25 , 117 , 127(3) , 129G(4) , 130 , 138 and 139

PART 1Routine proceedings

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 or originating application other than for sum of money	$580	$580	$580
3.	Routine request relating to discovery or inspection, including costs for perusal of reply	$68	$119	$170
4.	Request requiring drafting of particulars or interrogatories including costs for perusal of reply	$170	$255	$340
5.	Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply	$340	$510	$680
6.	For each of the following:
(a) replying to –
(i) request under item 3 or 4	$170	$255	$340
(ii) notice under item 5	$170	$255	$340
(b) providing personal injury particulars	$170	$255	$340
(c) making discovery (if required under these rules)	$170	$255	$340
7.	Preparing, filing and serving an application, including proof of service	$85	$170	$255
8.	Simple affidavit	$51	$68	$85
9.	Lengthy affidavit	$136	$170	$255
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	$51	$68	$85
12.	Issuing and serving summons to witness - each witness	$51	$68	$85
13.	Filing default judgment, garnishee application or warrant to sell property not otherwise provided for	$51	$51	$51
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	$102	$102	$102
(b) other manner of service	$51	$51	$51
15.	Preparing bill of costs, including attendance on assessment	$289	$300	$340
16.	Attendance for inspection (any party)	$136	$170	$204
17.	Attendance at listing conference, directions hearing or routine application	$68	$102	$136
18.	Attendance at application requiring special argument or at conciliation conference	$136	$204	$255
19.	Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute	$255	$391	$510
(b) if quantum and liability in dispute	$340	$510	$680
20.	Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day	$1 280	$1 535	$2 039
(b) each subsequent day	$850	$1 020	$1 360
21.	Attendance as counsel for judgment	$85	$85	$85

PART 2Complex proceedings

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 or originating application other than for sum of money	$1 020	$1 020	$1 020
3.	Routine request relating to discovery or inspection, including costs for perusal of reply	$68	$119	$170
4.	Request requiring drafting of particulars or interrogatories, including costs for perusal of reply	$170	$255	$340
5.	Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply	$510	$680	$850
6.	For each of the following:
(a) replying to –
(i) request under item 3 or 4	$255	$385	$510
(ii) notice under item 5	$255	$385	$510
(b) providing personal injury particulars	$255	$385	$510
(c) making discovery (if required under these rules)	$255	$385	$510
7.	Preparing, filing and serving an application, including proof of service	$85	$170	$289
8.	Simple affidavit	$51	$68	$85
9.	Lengthy affidavit	$136	$170	$255
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	$51	$68	$85
12.	Issuing and serving summons to witness - each witness	$51	$68	$85
13.	Filing default judgment, garnishee application or warrant to sell property not otherwise provided for	$51	$51	$51
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	$102	$102	$102
(b) other manner of service	$51	$51	$51
15.	Preparing bill of costs, including attendance on assessment	$289	$300	$340
16.	Attendance for inspection (any party)	$187	$272	$357
17.	Attendance at listing conference, directions hearing or routine application	$136	$204	$255
18.	Attendance at application requiring special argument or at conciliation conference	$272	$408	$510
19.	Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute	$255	$391	$510
(b) if quantum and liability in dispute	$340	$510	$680
20.	Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day	$1 530	$2 039	$2 549
(b) each subsequent day	$1 020	$1 360	$1 700
21.	Attendance as counsel for judgment	$85	$85	$85

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	$102	$204	$306	$408	$510
2.	Entering default judgment	$51	$51	$51	$51	$51
3.	Assessing damages under rule 119	$85	$102	$119	$136	$204
4.	Preparing and filing warrant to sell property or garnishee application	$51	$51	$51	$51	$51

These rules of court were made by the Magistrates Rule Committee at a meeting held on 4 March 2014.

M. Hill

Chief Magistrate

G. A. Hay

Member

Chris Webster

Member

Simon Cooper

Member

Olivia McTaggart

Member

Catherine Rheinberger

Member

M. Daly

Member

Mark Cameron Rapley

Member

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

Notified in the Gazette on 12 March 2014

These rules of court are administered in the Department of Justice.

EXPLANATORY NOTE

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

(a) enabling a fee to be claimed for service of a claim for a debt or liquidated sum and providing for such a fee to be awarded on application for default judgment; and (b) rescinding a superseded rule; and (c) increasing the amounts of costs and expenses recoverable by successful litigants.