Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 (Vic)

Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014

S.R. No. 106/2014

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5New Rule 2.08 inserted

2.08Costs in respect of an arbitration

6New Appendix AA inserted

APPENDIX AA—Costs in Respect of an Arbitration

1Costs

2Disbursements

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 106/2014

Magistrates' Court Act 1989

Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014

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

1Object

The object of these Rules is to amend the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 to prescribe professional costs, fees and disbursements which may be awarded in respect of an arbitration under Division 2 of Part 5 of the Magistrates' Court Act 1989.

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 August 2014.

4Principal Rules

In these Rules, the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[1] are called the Principal Rules.

5New Rule 2.08 inserted

After Rule 2.07 of the Principal Rules insert—

"2.08   Costs in respect of an arbitration

For the purposes of section 105(2) of the Act, the Court may award, to a party to a proceeding referred to arbitration, costs in respect of the arbitration in accordance with Appendix AA.".

6New Appendix AA inserted

After Form 9E of the Principal Rules insert—

"APPENDIX AA

Rule 2.08

COSTS IN RESPECT OF AN ARBITRATION

1Costs

1.1For all professional costs including Australian lawyers' costs and fees to counsel—

(a)  where the amount awarded is $500 or more but does not exceed $3000

not more than $1432 for the first 2 hours of arbitration

(b)  where the amount awarded exceeds $3000 but is less than $5000

not more than $1544 for the first 2 hours of arbitration

(c)  if a party is awarded costs only and the amount claimed in the complaint is $500 or more but does not exceed $3000

not more than $1432 for the first 2 hours of arbitration

(d)  if a party is awarded costs only and the amount claimed in the complaint exceeds $3000 but is less than $5000

not more than $1544 for the first 2 hours of arbitration

(e)  where the amount awarded is $5000 or more but is less than $10 000

not more than $1655 for the first 2 hours of arbitration

(f)   if a party is awarded costs only and the amount claimed in the complaint exceeds $5000 but is less than $10 000

not more than $1655 for the first 2 hours of arbitration

(g) if a complaint has been the subject of a pre-hearing conference under section 107 of the Magistrates' Court Act 1989 or a mediation under section 108 of the Magistrates' Court Act 1989, the following additional amounts are payable

(i)     $270, if paragraph (a) or (c) applies; or

(ii)    $335, if paragraph (b) or (d) applies; or

(iii)   $403, if paragraph (e) or (f) applies.

1.2If an arbitration exceeds 2 hours, the Court may award in respect of each further 2 hours of arbitration or part thereof an amount not exceeding 50% of the amount referred to in the applicable paragraph of item 1.1.

2Disbursements

2.1In addition to the above amounts, money properly paid or payable out of pocket and the expenses of witnesses and interpreters are to be allowed.

Note

See also sections 105 and 131 of the Act in relation to the awarding of costs in an arbitration.

__________________".

Dated:    25 July 2014

P. LAURITSEN,

Chief Magistrate

LANCE MARTIN,

Deputy Chief Magistrate

B. B. BRAUN,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 141/2010 as amended by S.R. Nos 124/2011, 27/2012, 158/2012 and 11/2014.