Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007 (Vic)

Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007

S.R. No. 103/2007

TABLE OF PROVISIONS

Rule  Page

1Objects

2Authorising provisions

3Commencement

4Principal Rules

5Dispensing with compliance

6Substitution of definition of acceptable mediator

7Insertion of new Rule 22A.10

22A.10Costs

8Amendment to Form 5A

9Amendment of scales of costs

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 103/2007

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Objects

The objects of these Rules are—

(a)to empower the Court constituted by a registrar to dispense with any of the requirements of Rule 22.01 of the Magistrates' Court Civil Procedure Rules 1999; and

(b)to make further provision as to mediation; and

(c)to make a minor amendment to a form.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 1 October 2007.

4Principal Rules

In these Rules, the Magistrates' Court Civil Procedure Rules 1999[1] are called the Principal Rules.

5Dispensing with compliance

After Rule 22.01(11) of the Principal Rules insert—

"(12)The Court constituted by a registrar may dispense with compliance with any of the requirements of this Rule, either before or after the occasion for compliance arises.

Note

Also refer to Rule 2.04.".

6Substitution of definition of acceptable mediator

For the definition of acceptable mediator in Rule 22A.02 of the Principal Rules substitute—

"acceptable mediator means a person whom a magistrate or a registrar decides is acceptable to mediate a complaint, including, but not restricted to, a person who is—

(a)a registrar or deputy registrar;

(b)a local legal practitioner (within the meaning of the Legal Profession Act 2004), who has been approved as a mediator by the Law Institute (within the meaning of that Act);

(c)a local legal practitioner (within the meaning of the Legal Profession Act 2004), who has been approved as a mediator by the Victorian Bar (within the meaning of that Act);

(d)a mediator accredited by The Institute of Arbitrators and Mediators Australia, ACN 008 520 045;

(e)if the amount of monetary relief sought in a complaint is less than $10 000, a mediator within the meaning of section 21K of the Evidence Act 1958, or a person working with or for the body known as the Dispute Settlement Centre of Victoria, established by Order of the Governor in Council of 7 June 1994 under section 21K of the Evidence Act 1958;".

7Insertion of new Rule 22A.10

After Rule 22A.09 of the Principal Rules insert—

"22A.10   Costs

If a proceeding where the monetary relief sought is less than $10 000 is mediated, the costs of the parties of the mediation are in accordance with Appendix A, in addition to any other amount, whether under the Magistrates' Court (Arbitration) Regulations 2000 or otherwise.".

8Amendment to Form 5A

In Form 5A to the Principal Rules for "[full name]" substitute "[full name], [occupation]".

9Amendment of scales of costs

(1)For items 36, 37, 38 and 39 of Table 1 in Appendix A to the Principal Rules substitute—

"36.	68	205	274	331	403	484	555
37.	121	233	332	411	506	607	709
38.	36	66	81	97	126	151	177
39.	36	66	81	97	126	151	177".

(2)For items 55 and 56 of Table 1 in Appendix A to the Principal Rules substitute—

"55.	121	233	332	411	515	618	721
56.	36	66	81	97	129	153	180".

Dated:   25 September 2007

IAN L. GRAY,

Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 58/1999.  Reprint No. 3 incorporating amendments as at 1 March 2005.  Subsequently amended by S.R. Nos 15/2005, 165/2005, 87/2006, 164/2006, 170/2006 and 178/2006.