Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001 (Vic)

Magistrates' Court Civil Procedure (Amendment

No. 7) Rules 2001

S.R. No. 80/2001

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Address of plaintiff	1
6.	Substitution of Rule 17.05	2
17.05 Expenses of witnesses	2
7.	Amendments to Appendix A—costs for registration of interstate
judgment and witnesses' expenses	3
8.	Statute law revision	3

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ENDNOTES 5

i

STATUTORY RULES 2001

S.R. No. 80/2001

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment

No. 7) Rules 2001

The Chief Magistrate together with 2 Deputy Chief

Magistrates jointly make the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 16 of the enabling powers.

3. Commencement

These Rules come into operation on 1 September

2001.

4. Principal Rules

In these Rules, the Magistrates' Court Civil
Procedure Rules 19991 are called the Principal

Rules.

5. Address of plaintiff

For Rule 4.02(a) of the Principal Rules
substitute—

"(a) state the full name and address of the

plaintiff and an address for service of notices
and documents on the plaintiff; and

Magistrates' Court Civil Procedure (Amendment No. 7) Rules
2001

S.R. No. 80/2001 r. 6

(ab) if the plaintiff sues in person, state an

address for service of notices and documents

on the plaintiff within Victoria; and

(ac) if the plaintiff sues or the defendant is sued

in a representative capacity, state the
capacity in which the plaintiff sues or the
defendant is sued in a representative

capacity; and".

6. Substitution of Rule 17.05

For Rule 17.05 of the Principal Rules substitute—

"17.05 Expenses of witnesses

(1) A party must pay to—

(a)	a person not a party who attends before the Court, whether in compliance with a witness summons or not, and whom the party calls as a witness; or
(b)	a person not a party who attends before the Court, in compliance with a witness summons served by the party, and is

not called as a witness by any party— the fees and expenses of and income lost by that person.

(2) The Court may order that a party pay to a person referred to in sub-rule (1) the fees, expenses and income lost to which, by virtue

of that sub-rule, the person is entitled.

(3) Where an order is made under sub-rule (2),

the Court must fix the amount of the fees,

expenses and income lost.

(4) If a person not a party who attends before the

Court whether in compliance with a witness summons or not, before being sworn, requests the Court to fix an amount to be

Magistrates' Court Civil Procedure (Amendment No. 7) Rules
2001

r. 7 S.R. No. 80/2001

paid to him or her as a witness, the Court

must do so.

(5) Unless the Court otherwise orders, no

witness must be compelled to give evidence
until the amount fixed by the Court under
sub-rule (4) has been paid.".

7.  Amendments to Appendix A—costs for registration of interstate judgment and witnesses' expenses

In Appendix A to the Principal Rules—

(a) after item 28A insert—

"28B. Registration of interstate judgment.";

(b)	in Table 1, after item 28A insert—
"28B. 43 43 43 65 65 65";
(c)	for item 30 substitute—

"30. Witnesses' Expenses

Witnesses giving evidence in an expert or professional capacity, up to $200.00 per hour or part thereof, but not to exceed $1400.00 per day.

Other witnesses—up to $50.00 per hour or part thereof, but not to exceed $250.00 per day.".

8. Statute law revision

In Rule 19A.03 of the Principal Rules, for the
definition of "dentist" substitute—

' "dentist" means—

(a) a registered dentist within the meaning of the Dental Practice Act 1999 or a person qualified to be registered in the dentists' division of the register kept under Part 2 of that Act;

Magistrates' Court Civil Procedure (Amendment No. 7) Rules
2001

S.R. No. 80/2001 r. 8

(b)	a person registered or qualified to be registered as a dentist under an enactment of a State or a Territory of the Commonwealth which corresponds to the Dental Practice Act 1999;
(c)	a person entitled to practise dentistry in a place outside Australia under an enactment of that place corresponding to the Dental Practice Act 1999, whether or not the person does so practise;'.

Dated: 17 August 2001

IAN LESLIE GRAY,

Chief Magistrate

DANIEL JOHN MULING,

Deputy Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

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Magistrates' Court Civil Procedure (Amendment No. 7) Rules
2001

Endnotes	S.	R. No. 80/2001
ENDNOTES

1 Rule 4: S.R. No. 58/1999. Reprinted (No. 1) as at 1 July 2000 to

S.R. No. 46/2000. Subsequently amended by S.R. Nos 89/2000 and
133/2000.