Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs Amendment) Rules 2021 (Vic)

Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs Amendment) Rules 2021

S.R. No. 89/2021

TABLE OF PROVISIONS

Rule  Page

Part 1—Preliminary

1Object

2Authorising provisions

Part 2—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020

3Principal Rules

4Costs in respect of an arbitration if offer of compromise served by plaintiff in the proceeding not accepted

5Costs in respect of an arbitration if offer of compromise served by plaintiff accepted

6Heading to Appendix AD amended

Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2020

7Circuit fees

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Endnotes

STATUTORY RULES 2021

S.R. No. 89/2021

Magistrates' Court Act 1989

Magistrates' Court Miscellaneous Civil Proceedings and General Civil Procedure (Costs Amendment) Rules 2021

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

Part 1—Preliminary

1Object

The object of these Rules is—

(a)to amend the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 to make further provision for the making of offers of compromise in respect of proceedings which have been referred to arbitration in accordance with Division 2 of Part 5 of the Magistrates' Court Act 1989; and

(b)to amend the Magistrates' Court General Civil Procedure Rules 2020 to remove a redundant entry relating to Latrobe Valley from Table 2 to Appendix A which sets out circuit fees.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

Part 2—Amendment of Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020

3Principal Rules

In this Part, the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020[1] are called the Principal Rules.

4Costs in respect of an arbitration if offer of compromise served by plaintiff in the proceeding not accepted

In the heading to Rule 2.09 of the Principal Rules, after "proceeding" insert "not accepted".

5Costs in respect of an arbitration if offer of compromise served by plaintiff accepted

(1)In the heading to 2.10A of the Principal Rules, for "or defendant and other party accepts" substitute "accepted".

(2)For Rule 2.10A(1) of the Principal Rules substitute—

"(1)This Rule applies if—

(a)a plaintiff in a proceeding referred to arbitration serves an offer of compromise on a defendant in the proceeding; and

(b)the defendant accepts that offer of compromise.".

(3)In Rule 2.10A(3) of the Principal Rules—

(a)for "first party" (where twice occurring) substitute "plaintiff";

(b)for "second party" substitute "defendant".

6Heading to Appendix AD amended

In the heading to Appendix AD of the Principal Rules—

(a)for "party" (where first occurring) substitute "plaintiff";

(b)for "other party" substitute "defendant".

Part 3—Amendment of Magistrates' Court General Civil Procedure Rules 2020

7Circuit fees

In Appendix A of the Magistrates' Court General Civil Procedure Rules 2020[2], in Table 2—

(a)omit "Latrobe Valley";

(b)omit "444".

Dated:   20 July 2021

LISA HANNAN,
Chief Magistrate

FELICITY BROUGHTON,
Deputy Chief Magistrate

SUSAN WAKELING,
Deputy Chief Magistrate

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Endnotes

[1] Rule 3: S.R. No. 113/2020.

[2] Rule 7: S.R. No. 112/2020.