Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 (Vic)

Magistrates' Court Civil Procedure (Further

Amendment) Rules 1996

S.R. No. 143/1996

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New definition of solicitor inserted in Rule 1.12	1
6.	Amendment of Rule 27.26	2
7.	Substitution of Appendix A	2

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NOTES 17

i

STATUTORY RULES 1996

S.R. No. 143/1996

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Further

Amendment) Rules 1996

The Magistrates 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

(1) These Rules (apart from Rules 5 and 7) come into

operation on the day on which they are made.

(2) Rules 5 and 7 come into operation on 1 January

1997.

4. Principal Rules

In these Rules the Magistrates' Court Civil
Procedure Rules 19891 are called the Principal

Rules.

5. New definition of solicitor inserted in Rule 1.12

In Rule 1.12(1) of the Principal Rules insert the
following definition—

"solicitor" means a legal practitioner within the

meaning of the Legal Practice Act 1986 not

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

r. 6 S.R. No. 143/1996

being a legal practitioner who practises as a

barrister only;".

6. Amendment of Rule 27.26

In Rule 27.26(b) of the Principal Rules for

"security" substitute "registered".

7. Substitution of Appendix A

For Appendix A to the Principal Rules substitute—

"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 cost of repairs only or for total loss of vehicle only including all professional costs where the amount claimed is—

(a) Less than $500	105
(b) $500 to less than $5000	219
(c) $5000 to less than $7500	269
(d) $7500 to less than $20 000	322
(e) $20 000 to less than $40 000	402
(f) $40 000 and over	482

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

S.R. No. 143/1996 r. 7

Item

Particulars of Service— For Costs relating to items 2 to 28 see
Table 1 after item 28

Institution 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)

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

Magistrates' Court Civil Procedure (Further Amendment) Rules

1996

r. 7 S.R. No. 143/1996

Item

Particulars of Service— For Costs relating to items 2 to 28 see
Table 1 after item 28

(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
(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

Magistrates' Court Civil Procedure (Further Amendment) Rules

1996

S.R. No. 143/1996 r. 7

Item

Particulars of Service— For Costs relating to items 2 to 28 see
Table 1 after item 28

14.

Affidavits

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

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)

Magistrates' Court Civil Procedure (Further Amendment) Rules

1996

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Item	Particulars of Service— For Costs relating to items 2 to 28 see Table 1 after item 28
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
(b)	Copies—any necessary carbon, photo or machine-made 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

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

S.R. No. 143/1996 r. 7

Item

Particulars of Service— For Costs relating to items 2 to 28 see
Table 1 after item 28

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.

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

r. 7 S.R. No. 143/1996

TABLE 1

Costs for items 2 to 28

A B C D E F

$20 000

Less	$500 to	$5000 to	$7500 to	to less	$40 000
than	less than	less than	less than	than	and over

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

2.	105	219	269	322	402	482
3.(a)	50	104	128	153	191	230
(b)	55	114	140	169	210	252
(c)	26	26	26	26	26	26
4.	35	35	35	53	67	80
5.	36	82	99	119	148	177
6.	32	70	83	99	124	149
7.(a)	25	39	50	57	72	86
(b)	31	54	65	81	101	121
(c)	57	123	149	178	223	267
(d)	25	36	50	57	72	86
8.(a)	49	96	117	140	176	211
(b)	63	135	169	202	252	302
9.	25	42	51	58	73	87

Magistrates' Court Civil Procedure (Further Amendment) Rules

1996

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r. 7

S.R. No. 143/1996

Table 1 continued—Costs for items 2 to 28

A B C D E F

$20 000

Less $500 to $5000 to $7500 to to less

than less than less than less than than $40 000

Item	$500	$5000	$7500	$20 000	$40 000	and over
10.(a)	63	63	63	87	109	131
(b)	63	63	63	87	109	131
11.	53	53	53	79	99	119
12.(a)	11	19	29	29	36	44
(b)	11	11	11	19	23	27
(c) (i)	34	34	34	53	67	80
(ii)	10	10	10	26	32	39
(d)	49	86	117	140	176	211
13.(a)	33	45	51	55	69	82
(b)	22	22	22	22	22	22
14.	49	96	117	140	176	211
15.	19	19	19	19	19	19
16.	190	620	765	920	1150	1380
17.(a)	47	139	188	226	282	338
(b)	83	159	227	282	353	424

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

r. 7 S.R. No. 143/1996

Table 1 continued— Costs for items 2 to 28

A B C D E F

$20 000

Less $500 to $5000 to $7500 to to less

than less than less than less than than $40 000

Item	$500	$5000	$7500	$20 000	$40 000	and over
18.(a)	175	351	528	634	792	950
(b)	36	70	83	101	126	151
(c)	51	110	136	163	204	245
(d)	59	59	59	59	59	59
19.(a)	79	136	169	202	252	302
(b)	26	47	57	69	85	102
20.	25	51	62	78	98	118
21.(a)	26	46	65	76	96	115
(b)	176	394	529	636	795	953
(c)	117	263	353	424	529	635
(d)	26	50	65	76	96	115
22.	2.20	5.40	5.40	5.40	6.80	8.10
23.(a)	1.20	1.20	1.20	1.20	1.20	1.20
(b)	1.20	1.20	1.20	1.20	1.20	1.20
24.(a)	1.20	1.20	1.20	1.20	1.20	1.20
(b)	.80	.80	.80	.80	.80	.80

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

S.R. No. 143/1996

Table 1 continued— Costs for items 2 to 28

A B C D E F

$20 000

Less $500 to $5000 to $7500 to to less

than less than less than less than than $40 000

Item	$500	$5000	$7500	$20 000	$40 000	and over
25.(a)	19.60	19.60	19.60	19.60	19.60	19.60
(b)	13.70	13.70	13.70	13.70	13.70	13.70
(c)	7.80	7.80	7.80	7.80	7.80	7.80
26.(a)	13.70	13.70	13.70	13.70	13.70	13.70
(b)	24	24	24	24	24	24
(c)	10.90	10.90	10.90	10.90	10.90	10.90
27.(a)	28	54	66	82	103	124
(b)	30	67	80	91	113	136
28.	79	161	202	241	302	362.

Magistrates' Court Civil Procedure (Further Amendment) Rules

1996

r. 7 S.R. No. 143/1996

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	33
(ii)	For service on each person to be served where	2.20
service is effected by post or by leaving at a document exchange
(iii)	For every necessary visit made in attempting	24
service and for each report of non-service where the time, date and number of visits attempting service are shown by affidavit
(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.

(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 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 person who served the Court document,
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.

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

S.R. No. 143/1996 r. 7

Item Particulars of Service Costs

$

(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 time and 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 121

professional costs.

(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 fees to counsel of the nature referred to in item 21 that are reasonably incurred on behalf of a client may be charged.".

Dated: 29 November 1996

MICHAEL ANTHONY ADAMS, QC, CM
BRIAN STIRTEVANT BARROW, Deputy CM
PATRICK DENIS STREET, Deputy CM
DANIEL JOHN MULING, Deputy CM
JENNIFER ANN COATE, Deputy CM
PHILIP JOHN RODDA, M
MICHAEL CONNOLLY, M

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

r. 7 S.R. No. 143/1996

JAMES PATRICK HANRAHAN, M
LIONEL CEDRIC WINTON-SMITH, M
JOHN CHARLES TOBIN, M
JOHN DOUGLAS BOLSTER, M
FRANCIS ROSS HODGENS, M
LEWIS PHILLIP BYRNE, M
WILLIAM JOHN GEORGE O'DAY, M
IAN THOMAS McGRANE, M
IAIN TRELOAR WEST, M
BARRY FRANCIS DOCKING, M
RAFFAELE BARBERIO, M
ROBERT KRISHNAN ASHOK KUMAR, M
ROWAN GEORGE McINDOE, M
GRAEME DOUGLAS JOHNSTONE, M
WILLIAM PATERSON GIBB, M
PETER HARRY MEALY, M
JACINTA MARY HEFFEY, M
GREGORY JOHN ZALMAN LEVINE, M
ROBERT LESLIE TUPPEN, M
NOEL BRIAN PURCELL, M
LANCE IVAN MARTIN, M
ROGER WILSON FRANICH, M
JOHN PHILIP DUGDALE, M
HEATHER MARGARET SPOONER, M
EDWIN CHARLES BATT, M
JILLIAN MARY CROWE, M
WENDY ANNE WILMOTH, M

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

S.R. No. 143/1996 r. 7

KEITH WILLIAM LEWIS, M
JULIAN FRANCIS FITZ-GERALD, M
PAUL DOUGLAS GRANT, M
CHRISTINE ANNE STEWART-THORNTON, M
BRIAN JOSEPH CLIFFORD, M
HARLEY JAMES HARBER, M
ANN MACDONALD, M
PETER HENRY LAURITSEN, M
LEONARD HAROLD BREAR, M
JELENA POPOVIC, M
PETER COUZENS, M
JOHN WILLIAM DOHERTY, M
BARBARA ANN COTTERELL, M
DAVID HARPER McLENNAN, M
JONATHAN GEORGE KLESTADT, M
DUNCAN KEITH REYNOLDS, M
ROBERT LEYLAND LANGTON, M
MARGARET GILL HARDING, M
ALASTAIR GRAHAM McLEAN, M
TERRY JOHN WILSON, M
SUSAN ADELE BLASHKI, M
KAY HELEN MACPHERSON, M
MAXWELL CHARLES SPEEDIE BECK, M
BRIAN PHILIP WYNN-MACKENZIE, M
JOHN MARTIN MURPHY, M
FRANCIS WILLIAM HENDER, M
WILLIAM DESMOND MARTIN, M

Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

r. 7 S.R. No. 143/1996

THOMAS MICHAEL O'DWYER, M
JAMES MAXWELL BROOKE CASHMORE, M
WILLIAM PETER WHITE, M
COLIN EUNAN MACLEOD, M
ISAAC JOSEPH BEDER, M
THOMAS KEVIN HASSARD, M
PAUL ANTHONY SMITH, M
PARESA ANTONIADIS SPANOS, M
FRANK WILLIAM JONES, M
JAMES STANISLAUS MORNANE, M
HENRY CLIVE ALSOP, M
MICHAEL LESLIE SMITH, M

NOREEN MARY TOOHEY, M
CATHERINE FRANCES LAMBLE, M
HUGH MALCOLM WALTER, M
JENNIFER ANNE BENN GOLDSBROUGH, M

MICHAEL HENRY LEWIS STONE, M

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Magistrates' Court Civil Procedure (Further Amendment) Rules
1996

S.R. No. 143/1996 Notes

NOTES

1 S.R. No. 199/1989. Reprinted to S.R. No. 103/1995 and subsequently

amended by S.R. Nos 149/1995 and 73/1996.