Magistrates' Court Civil Procedure (Costs) Rules 1998 (Vic)
Magistrates' Court Civil Procedure (Costs) Rules
1998
S.R. No. 162/1998
TABLE OF PROVISIONS
Rule Page
1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Substitution of Appendix A 1
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NOTES 12
i
STATUTORY RULES 1998
S.R. No. 162/1998
Magistrates' Court Act 1989
Magistrates' Court Civil Procedure (Costs) Rules
1998
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:
1. Object
The object of these Rules is to substitute an increased scale of costs.
2. Authorising provisions
These Rules are made under section 16 of the enabling powers.
3. Commencement
These Rules come into operation on 1 January
1999.
4. Principal Rules
In these Rules the Magistrates' Court Civil
Procedure Rules 19891 are called the PrincipalRules.
5. Substitution of Appendix A
For Appendix A to the Principal Rules substitute—
Magistrates' Court Civil Procedure (Costs) Rules 1998
| r. 5 | S. | R. No. 162/1998 |
| "APPENDIX A |
Scale of costs and fees which may be claimed by Counsel and Solicitors as between party and party as well as between solicitor and client.
Item Particulars of Service Costs
PART 1 $
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 $500 110.00 (b) $500 to less than $5000 229.00 (c) $5000 to less than $7500 282.00 (d) $7500 to less than $20 000 337.00 (e) $20 000 to less than $40 000 421.00 (f) $40 000 and over 505.00 Item Particulars of Service—For Costs relating to items 2 to 28 see
Table 1 after item 28Institution of proceedings
2. Instructions to sue including letter before action, preparation and filing of complaint, copies for service and attendances on counsel (where necessary) and on process server
3.
(a) Instructions to defend claim, counterclaim or third party notice including perusal and giving notice of defence, attendance on counsel (where necessary), copies, filing and service (b) Preparation of counterclaim, third party notice or notice of contribution including copies, filing and service (c) Perusal of notice of contribution 4. Instructions to make, issue or oppose an application or summons or any notice of objection under the Judgment Debt Recovery Act 1984 including instructions for any necessary affidavit (not otherwise provided for)
Item Particulars of Service—For Costs relating to items 2 to 28 see
Magistrates' Court Civil Procedure (Costs) Rules 1998
S.R. No. 162/1998 r. 5 Table 1 after item 28
Particulars
5. Request for particulars of any document including copies, attendances on counsel, filing, service and perusal of further particulars
6. Further and better particulars of any document including copies, attendances on counsel, filing, service and perusal of request
Discovery
7. (a) Notice of discovery including filing and service (b) Perusal of affidavit and inspection of documents (c)
Affidavit of documents including instructions, copies, swearing, filing and service and production of documents for inspection
(d) Notice to produce documents including filing and service Interrogatories
8.
(a)
Interrogatories for examination of one party including instructions, copies and attendances on counsel, filing and service and perusal of interrogatories
(b)
Answers to interrogatories of one party including instructions, copies and attendances on counsel, swearing, filing and service including perusal of interrogatories
Notices, undertakings etc.
9. Any necessary notice, undertaking, consent, order, memorandum (not otherwise provided for) including copies, filing and service
10.
(a) Notice to Admit, including copies, filing, service and perusal of admissions and making copies thereof (b) Admissions, including copies, perusal of Notice to Admit and making copies, filing and service 11. Offer of Compromise or notice of acceptance of offer including copies and service
Witnesses and Expert Witnesses
12.
(a)
Witness summons including instructions, issuing and necessary copies
Item Particulars of Service—For Costs relating to items 2 to 28 see
Magistrates' Court Civil Procedure (Costs) Rules 1998
| r. 5 | S.R. No. 162/1998 |
Table 1 after item 28
(b)
Attendance on a witness to arrange attendance to give evidence without witness summons, including reminders
(c)
(i) Arranging examination or inspection by an expert witness and notifying party, supplying relevant
documents to witness, obtaining and perusing reports(ii) Notifying party of examination or inspection arranged
by opposite party
(d)
Instructions for and preparation of statement of expert witness (pursuant to Order 19.02) including filing and service
13.
(a)
Application or summons or any notice of objection under the Judgment Debt Recovery Act 1984 including copies, issuing, filing and affidavit of service
(b)
Application for an order under Rules 10.01 (in addition to item 1 if applicable) or 10.04
Affidavits
14. Preparation of any necessary affidavit, swearing, filing and service
15. Affidavit of service, including swearing and filing (not otherwise provided for)
General Preparation
16. Including all necessary instructions (including instructions for negotiations for settlement), and instructions for brief for counsel or brief notes for solicitor (where necessary) including attendances personally, and/or by telephone, correspondence, perusals and examinations or scanning and preparation for delivery of brief to counsel (or brief notes to solicitor)
Pre-Hearing Conference
17.
(a)
Preparation including all necessary instructions, instructions for brief for counsel or brief notes for solicitor (where necessary) all necessary correspondence, perusals, etc.
(b) Attending conference whether by counsel or by solicitor
Item Particulars of Service—For Costs relating to items 2 to 28 see
Table 1 after item 28
Magistrates' Court Civil Procedure (Costs) Rules 1998
S.R. No. 162/1998 r. 5 Court Attendance
18.
(a)
Attending Court on hearing—solicitor without counsel for the first six hours
(b)
If attendance at Court exceeds six hours—for each hour thereafter
(c)
Attending Court, Magistrate or Officer of the Court on an application, summons or to hear reserved judgment
(d) Attending WorkCover mentions 19.
(a)
Solicitor attending Court on hearing—with counsel (where necessary)—for the first three hours
(b)
If attendance exceeds three hours—for each hour thereafter
Conference with Counsel
20. Appointing and attending conference (when necessary)
Fees to Counsel
21.
(a)
To draw or settle any necessary document including notice before action, particulars of claim, counterclaim, special defence, interrogatories, etc.
(b) Brief on hearing (c)
For each six hours or part thereof after the first six hours of hearing (including any luncheon adjournment)
(d) Conference PART 2
The items in this Part may be allowed in solicitor/client matters by the Taxing Master of the Supreme Court in addition to or in substitution for the costs provided in item 16
Documents
22. Drawing any necessary document or brief (where not otherwise provided for)—per folio
23.
(a)
Typing any necessary document or brief (where not otherwise provided for)—per folio
Item Particulars of Service—For Costs relating to items 2 to 28 see
Table 1 after item 28
(b) Copies—any necessary carbon, photo or machine-made
Magistrates' Court Civil Procedure (Costs) Rules 1998
| r. 5 | S.R. No. 162/1998 |
copy—per page
Perusals
24.
(a)
Of any necessary document or part of a document (where not otherwise provided for)—per folio
(b)
Examination or scanning any document which is not necessary to peruse—per folio
Correspondence
25. (a) Special letter (b) Any necessary letter (including an agency letter) (c)
For each circular letter after the first postage may be claimed as a disbursement
Attendances
26.
(a)
An attendance—such as an attendance at the office of the Registrar, or on a process server or to serve or an attendance which is capable of being made by a clerk
(b)
An attendance (personal or by telephone) of a solicitor or managing clerk and involving the exercise of skill or legal knowledge—for each quarter hour
(c)
An attendance which does not involve the exercise of skill or legal knowledge—for each quarter hour
PART 3
27. (a) Warrant to seize property or of delivery including instructions, preparation and issuing (b) Summons for oral examination, including instructions, preparation of summons and affidavit, issue, arranging service, forwarding summons and affidavit to Registrar with letter 28. Proceedings for attachment of debts including all professional costs.
TABLE 1
Costs for items 2 to 28
A B C D E F
Magistrates' Court Civil Procedure (Costs) Rules 1998
S.R. No. 162/1998
$500 $5000 $7500 $20 000
Less to less to less to less to less $40 000 than than than than than and
Item $500 $5000 $7500 $20 000 $40 000 over 2. 110 229 282 337 421 505
3. (a) 52 109 134 160 200 241 (b) 58 119 147 177 220 264 (c) 27 27 27 27 27 27 4. 37 37 37 56 70 84 5. 38 86 104 125 155 185 6. 34 73 87 104 130 156 7. (a) 26 41 52 60 75 90 (b) 32 57 68 85 106 127 (c) 60 129 156 187 234 280 (d) 26 38 52 60 75 90 8. (a) 51 101 123 147 184 221 (b) 66 141 177 212 264 316 9. 26 44 53 61 76 91
10. (a) 66 66 66 91 114 137 (b) 66 66 66 91 114 137 11. 56 56 56 83 104 125 12. (a) 12 20 30 30 38 46 (b) 12 12 12 20 24 28 (c) (i) 36 36 36 56 70 84 (ii) 10 10 10 27 34 41 (d) 51 90 123 147 184 221 13. (a) 35 47 53 58 72 86 (b) 23 23 23 23 23 23 A B C D E F
$500 $5000 $7500 $20 000
Less to less to less to less to less $40 000 than than than than than and
Magistrates' Court Civil Procedure (Costs) Rules 1998
| r. 5 | S.R. No. 162/1998 |
Item $500 $5000 $7500 $20 000 $40 000 over 14. 51 101 123 147 184 221 15. 20 20 20 20 20 20 16. 199 650 802 964 1205 1446 17. (a) 49 146 197 237 295 354 (b) 87 167 238 295 370 444 18. (a) 183 368 553 664 830 995 (b) 38 73 87 106 132 158 (c) 53 115 143 171 214 257 (d) 62 62 62 62 62 62 19. (a) 83 143 177 212 264 316 (b) 27 49 60 72 89 107 20. 26 53 65 82 103 124 21. (a) 28 49 69 81 102 123 (b) 187 419 563 676 844 1013 (c) 125 280 375 450 563 675 (d) 28 53 69 81 102 123 22. 2.30 5.70 5.70 5.70 7.10 8.50 23. (a) 1.30 1.30 1.30 1.30 1.30 1.30 (b) 1.30 1.30 1.30 1.30 1.30 1.30 24. (a) 1.30 1.30 1.30 1.30 1.30 1.30 (b) 0.80 0.80 0.80 0.80 0.80 0.80 25. (a) 20.50 20.50 20.50 20.50 20.50 20.50 (b) 14.40 14.40 14.40 14.40 14.40 14.40 (c) 8.20 8.20 8.20 8.20 8.20 8.20
A B C D E F
$500 $5000 $7500 $20 000
Less to less to less to less to less $40 000 than than than than than and
Magistrates' Court Civil Procedure (Costs) Rules 1998
S.R. No. 162/1998 r. 5 r. 5
Item $500 $5000 $7500 $20 000 $40 000 over 26. (a) 14.40 14.40 14.40 14.40 14.40 14.40 (b) 25 25 25 25 25 25 (c) 11.40 11.40 11.40 11.40 11.40 11.40 27. (a) 29 57 69 86 108 130 (b) 31 70 84 95 118 143 28. 83 169 212 253 316 379
Item Particulars of Service Costs
$
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 35 (ii)
For service on each person to be served where service is effected by post or by leaving at a document exchange
2.30
(iii) For every necessary visit made in attempting service and for each report of non-service where the time, date and number of visits attempting service are
shown by affidavit 25 (iv) In addition to the abovementioned fees an allowance at the rate of 50 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.
Item Particulars of Service Costs
$
(b) A Registrar, upon application made before
service of any Court document, may fix and
Magistrates' Court Civil Procedure (Costs) Rules 1998
S.R. No. 162/1998
endorse on the document an amount representing
an allowance calculated at 50 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 haveregard to the amount so fixed and endorsed.
(2) (a) For service of two or more Court documents in
the same proceeding on the same person who
was or could have been served at the same timeand place, only one service fee shall be allowed.
(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 127 (b) If advertisement in lieu of service is ordered, the necessary and reasonable costs of advertisement in addition.
30. In addition to the above amounts, money properly paid out of the pocket and the expenses of witnesses and interpreters are to be allowed, and disbursements and counsel's fees of the nature referred to in item 21 that are reasonably incurred on behalf of a client may be charged.
Dated: 7 December 1998
MICHAEL ANTHONY ADAMS, QC, CM
BRIAN STIRTEVANT BARROW, Deputy CM
PATRICK DENIS STREET, Deputy CM
Magistrates' Court Civil Procedure (Costs) Rules 1998
S.R. No. 162/1998 r. 5
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Magistrates' Court Civil Procedure (Costs) Rules 1998
| Notes | S.R. No. 162/1998 |
NOTES
1 Rule 4: S.R. No. 199/1989. Reprinted (No. 5) incorporating amendments to
S.R. No. 16/1998.
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