Magistrates' Court Civil Procedure (Amendment No. 9) Rules 2002 (Vic)

Magistrates' Court Civil Procedure (Amendment

No. 9) Rules 2002

S.R. No. 123/2002

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Amendments to Appendix A	2

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ENDNOTES 7

i

STATUTORY RULES 2002

S.R. No. 123/2002

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment

No. 9) Rules 2002

The Chief Magistrate together with 2 Deputy Chief

Magistrates jointly make the following Rules:

1. Object

The object of these Rules is to increase certain items relating to the—

(a) costs payable to solicitors and counsel; and

(b) allowances relating to the service of documents—

in Appendix A to the Magistrates' Court Civil

Procedure Rules 1999.

2. Authorising provisions

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

3. Commencement

These Rules come into operation on 1 January
2003.

Magistrates' Court Civil Procedure (Amendment No. 9) Rules
2002

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S.R. No. 123/2002

4. Amendments to Appendix A

In Appendix A to the Magistrates' Court Civil

Procedure Rules 19991—

(a)	for item 1 substitute—
"1. Claim for debt, liquidated demand or claim arising from a motor vehicle collision for costs of repairs only or for total loss of vehicle only including all professional costs where the amount claimed is—

(a)	Less than $500	135.00
(b)	$500 to less than $5000	282.00
(c)	$5000 to less than $7500	347.00
(d)	$7500 to less than	415.00
$20 000
(e)	$20 000 up to and	518.00
including $40 000
(f)	Over $40 000	622.00";

(b) for Table 1 substitute—

"TABLE 1

Costs for items 2 to 28A

A B C D E F

$500 $5000 $7500 $20 000

Less to less to less to less up to and

than than than than including Over

Item	$500	$5000	$7500	$20 000	$40 000	$40 000
2.	135	282	347	415	518	622

3.	(a)	63	134	165	197	246	296
(b)	72	147	182	217	270	325
(c)	33	33	33	33	33	33
4.	46	46	46	70	86	103
5.	47	106	128	155	191	228
6.	42	89	107	128	160	192

Magistrates' Court Civil Procedure (Amendment No. 9) Rules
2002

r. 4 S.R. No. 123/2002

A B C D E F

$500 $5000 $7500 $20 000

Less to less to less to less up to and

than than than than including Over

Item $500 $5000 $7500 $20 000 $40 000 $40 000

7.	(a)	32	51	63	74	93	110
(b)	38	71	84	105	131	157
(c)	74	159	192	230	289	345
(d)	32	47	63	74	93	110
8.	(a)	62	125	152	182	227	271
(b)	82	173	218	261	325	389
9.	32	54	64	75	94	111

10. (a)	82	82	82	111	139	168
(b)	82	82	82	111	139	168
11.	70	70	70	102	128	155
12. (a)	15	25	36	36	47	57
(b)	15	15	15	25	29	34

(c)	(i)	45	45	45	70	86	103
(ii)	11	11	11	33	42	51
(d)	62	110	152	182	227	271

13. (a)	44	58	64	72	88	106
(b)	28	28	28	28	28	28
14.	62	125	152	182	227	271
15.	25	25	25	25	25	25
16.	245	801	988	1187	1483	1780
17. (a)	60	181	242	292	363	436
(b)	107	206	293	363	455	547
18. (a)	225	453	681	817	1023	1225
(b)	47	89	107	131	162	194
(c)	64	141	175	211	264	317
(d)	76	76	76	76	76	76

Magistrates' Court Civil Procedure (Amendment No. 9) Rules
2002

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S.R. No. 123/2002

A B C D E F

$500 $5000 $7500 $20 000

Less to less to less to less up to and

than than than than including Over

Item	$500	$5000	$7500	$20 000	$40 000	$40 000
19. (a)	102	175	218	261	325	389
(b)	33	60	74	88	109	132
20.	32	64	80	101	127	153
21. (a)	37	63	89	103	132	158
(b)	242	542	729	875	1092	1311
(c)	161	362	485	582	729	872
(d)	37	68	89	103	132	158
22.	2.8	7.1	7.1	7.1	8.7	10.5
23. (a)	1.7	1.7	1.7	1.7	1.7	1.7
(b)	1.7	1.7	1.7	1.7	1.7	1.7
24. (a)	1.7	1.7	1.7	1.7	1.7	1.7
(b)	0.90	0.90	0.90	0.90	0.90	0.90
25. (a)	25.3	25.3	25.3	25.3	25.3	25.3
(b)	17.9	17.9	17.9	17.9	17.9	17.9
(c)	10.1	10.1	10.1	10.1	10.1	10.1
26. (a)	17.9	17.9	17.9	17.9	17.9	17.9
(b)	31	31	31	31	31	31
(c)	13.9	13.9	13.9	13.9	13.9	13.9
27. (a)	35	71	85	106	133	160
(b)	37	86	103	117	145	175
28.	102	208	261	312	389	466
28A. (a)	184	294	316	396	495	592
(b)	32	54	64	75	94	111
(c)	32	54	64	75	94	111
28B.	46	46	46	70	70	70";

Magistrates' Court Civil Procedure (Amendment No. 9) Rules
2002

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(c) for item 29 substitute—

'29	Service
In this item "Court documents" includes complaint, summons, application or other document used in a Court proceeding
(1) (a) For service of Court documents—

(i)	For service on each person to be served	44
(ii)	For service on each person to be served where service is effected by post or by leaving at a document exchange	2.80
(iii)	For every necessary visit made in
attempting service and for each report on
non-service where the time, date and
number of visits attempting service are

shown by affidavit 31

(iv)    In addition to the abovementioned fees an allowance at the rate of 55 cents for each 1 kilometre in respect of any distance

measured both ways from the nearest court house or other building where the Court is held, or the residence of the person who

served the Court document, whichever is
the closer to the place of service or
attempted service of the Court document.

(b) A Registrar, upon application made before service of any Court document, may fix and endorse on the document an amount representing an allowance calculated at 55 cents for each kilometre of the distance both ways by the shortest practicable route, from the nearest court house or other building where the Court is held, or the residence of the process server, whichever is the closer to the place of service and the Court in assessing costs on the hearing shall have regard to the amount so fixed and endorsed.

(2) (a) For service of two or more Court documents in

the same proceeding on two or more persons
who were or could have been served at the same
time and place, only one service fee shall be
allowed.

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2002

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S.R. No. 123/2002

(b) For service of a Court document in the same

proceeding on two or more persons who were or
could have been served at the same time and
place, only one service fee shall be allowed.

(3) No costs shall be allowed for service of any Court document where service has been effected by an employee of the plaintiff or defendant, unless the Court is satisfied by evidence on oath or affidavit that the employee is exclusively engaged on the

service of legal process for the employer.

(4) (a) Order for substituted service including all

professional costs 157

(b) If advertisement in lieu of service is ordered, the necessary and reasonable costs of advertisement in addition.'.

Dated: 11 December 2002

IAN L. GRAY,

Chief Magistrate

BRIAN S. BARROW,

Deputy Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

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Magistrates' Court Civil Procedure (Amendment No. 9) Rules
2002

Endnotes S.R. No. 123/2002

ENDNOTES

1 Rule 4: S.R. No. 58/1999. Reprint (No. 1) incorporating amendments as at

1 July 2000. Subsequently amended by S.R. Nos 89/2000, 133/2000,
80/2001 and 142/2001.