Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings Amendment Rules 2023 (Vic)

Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings Amendment Rules 2023

S.R. No. 68/2023

table of provisions

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

3Commencement

Part 2—Amendment of Magistrates' Court General Civil Procedure Rules 2020

4Application of Order

5Report of expert

6Table 2 in Appendix A substituted

Part 3—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020

7Commencement of proceeding—form of complaint

8Form 13A amended

9Form 13B amended

10Form 13C amended

11Form 13D amended

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Endnotes

statutory rules 2023

S.R. No. 68/2023

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings Amendment Rules 2023

The Chief Magistrate together with one or more Deputy Chief Magistrates jointly make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is—

(a)to amend the Magistrates' Court General Civil Procedure Rules 2020 in relation to—

(i)itemised quotations and assessments of loss following motor vehicle accidents; and

(ii)circuit fees for the Latrobe Valley Magistrates' Court; and

(b)to amend the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020—

(i)to make changes consequential to the enactment of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 of the Commonwealth; and

(ii)to make other minor and technical changes to forms prescribed by those Rules.

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 July 2023.

PART 2—AMENDMENT OF MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020

4Application of Order

In Rule 44.02(1)(b) of the Magistrates' Court General Civil Procedure Rules 2020[1], before "any" insert "except as provided by Rule 44.03(2),".

5Report of expert

After Rule 44.03(1) of the Magistrates' Court General Civil Procedure Rules 2020 insert—

"(2)If a defendant in a proceeding gives notice of defence in respect of a complaint to which an itemised quotation or assessment is attached under Rule 5.05(2) or (3), the plaintiff who made the complaint must—

(a)as soon as practicable, provide the expert who made the itemised quotation or assessment with a copy of the code; and

(b)not later than 10 days before the day fixed for the hearing of the proceeding, serve on each other party a report by that expert in accordance with clause 3 of the code and deliver a copy for the use of the Court.".

6Table 2 in Appendix A substituted

For Table 2 in Appendix A to the Magistrates' Court General Civil Procedure Rules 2020 substitute—

"TABLE 2—CIRCUIT FEES

Circuit town

Fee for each day

or part of day

Ararat

582

Benalla

617

Colac

489

Echuca

617

Latrobe Valley

478

Mansfield

489

Portland

674

Stawell

617

Swan Hill

617

".

PART 3—AMENDMENT OF MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 2020

7Commencement of proceeding—form of complaint

Rule 13.02(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020[2] is revoked.

8Form 13A amended

In Form 13A of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020—

(a)omit all words and expressions beginning "IF YOU DO NOT WANT TO DEFEND THE COMPLAINT" and ending "in limited circumstances.";

(b)under the heading "PLAINTIFF REPRESENTATIVE DETAILS", for—

"Who is representing you?"

substitute—

"Are you represented? (if not, go to the next section)

Who is representing you?";

(c)under the heading "COMPLAINT TYPE"—

(i)for—

"A term of an award (specify name of award)"

substitute—

"Claims under the Fair Work Act 2009 of the Commonwealth

A term of a modern award (specify name of award)";

(ii)omit "A term of an Australian Workplace Agreement (specify the relevant terms)";

(iii)for—

"The Long Service Leave Act 2018"

substitute—

"Claims under Victorian legislation etc.

The Long Service Leave Act 2018";

(iv)for—

"Other (specify)"

substitute—

"Contract of employment

Other (specify)";

(d)under the heading "BREACHES", for—

"Failure to pay National Employment Standards (NES)
or termination of employment:              $"

substitute—

"Failure to comply with National Employment Standards (NES): $

Failure to give notice of termination of employment: $";

(e)under the heading "ORDERS SOUGHT", for—

"Impose a penalty (this is not available if the small claims pocedure under the Fair Work Act 2009 of the Commonwealth is elected)"

substitute—

"Impose a penalty (this is for claims under section 546 of the Fair Work Act 2009 of the Commonwealth but is not available if the small claims procedure under section 548 of that Act is elected)";

(f)under the heading "SMALL CLAIMS PROCEDURE", for—

"Please note if your complaint is brought under the Fair Work Act 2009 of the Commonwealth and the total amount sought is $20 000 or less your matter can, if you elect, be heard as a small claim and simplified procedures will apply."

substitute—

"If your complaint is brought under the Fair Work Act 2009 of the Commonwealth you can elect to have your matter heard as a small claim and simplified procedures will apply. The small claims procedure applies for claims of $100 000 or less.".

9Form 13B amended

In Form 13B of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020—

(a)under the heading "REPRESENTATIVE DETAILS", for—

"Australian lawyer"

substitute—

"Australian lawyer

Industry group/association";

(b)under the heading "INDUSTRIAL INSTRUMENT", for—

"If No, state the award, agreement, Australian workplace agreement or other order under which the plaintiff is or was employed:"

substitute—

"If No, state the award, agreement or other order under which the plaintiff is or was employed:".

10Form 13C amended

In Form 13C of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020—

(a)for—

"1.The plaintiff applies for an order for the claim with interest and costs, to the date of this application, shown below."

substitute—

"1.The plaintiff applies for an order for the claim with interest, to the date of this application, shown below.";

(b)omit all words and expressions beginning "COSTS" and ending "Total costs claimed: $".

11Form 13D amended

In Form 13D of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020—

(a)for—

"4.The amount of $ (insert amount) remains outstanding."

substitute—

"4.The amount of $ (insert amount), calculated based on (specify the basis on which the amount is calculated), remains outstanding.";

(b)for—

"5.Nil or $ (insert amount) has been paid since filing and service of the complaint."

substitute—

"5.Nil or $ (insert amount) has been paid since filing and service of the complaint.

6.Any other relief sought and the basis on which it is sought is as follows: (specify any other relief sought and set out all material facts on which you rely in support).".

Dated:   29 June 2023

LISA HANNAN,

Chief Magistrate

TIMOTHY BOURKE,

Deputy Chief Magistrate

SUSAN WAKELING,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 112/2020 as amended by S.R. Nos 23/2021, 89/2021, 167/2021, 54/2022, 102/2022 and 134/2022.

[2] Rule 7: S.R. No. 113/2020 as amended by S.R. Nos 23/2021, 89/2021, 143/2021, 167/2021, 20/2022 and 134/2022.