Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2020 (Vic)

Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2020

S.R. No. 94/2020

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provision

3Principal Rules

4New Rule 2.10A inserted

5Minor amendments to column headings in Table in Appendix AB

6Minor amendments to column headings in Table in Appendix AC

7New Appendix AD inserted

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Endnotes

STATUTORY RULES 2020

S.R. No. 94/2020

Magistrates' Court Act 1989

Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2020

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

1Object

The main object of these Rules is to amend the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 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.

2Authorising provision

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

3Principal Rules

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

4New Rule 2.10A inserted

After Rule 2.10 of the Principal Rules insert—

"2.10A   Costs in respect of an arbitration if offer of compromise served by plaintiff or defendant and other party accepts

(1)This Rule applies if—

(a)a plaintiff or defendant in a proceeding referred to arbitration (the first party) serves an offer of compromise on another party in the proceeding (the second party); and

(b)the second party accepts that offer of compromise.

(2)This Rule does not limit Rule 2.09 or 2.10.

(3)For the purposes of section 105(2) of the Act, the Court may award to the first party costs in respect of the arbitration (which the second party must pay to the first party) in accordance with Appendix AD.".

5Minor amendments to column headings in Table in Appendix AB

In the Table in Appendix AB of the Principal Rules—

(a)for "21 days before pre-hearing conference" substitute "21 days after pre-hearing conference (if held)";

(b)for "within 14 days before" substitute "at least 14 days before".

6Minor amendments to column headings in Table in Appendix AC

In the Table in Appendix AC of the Principal Rules—

(a)for "21 days before pre-hearing conference" substitute "21 days after pre-hearing conference (if held)";

(b)for "within 14 days before" substitute "at least 14 days before".

7New Appendix AD inserted

After Appendix AC of the Principal Rules insert—

"APPENDIX AD

Rule 2.10A

PROFESSIONAL COSTS TO BE AWARDED TO PARTY WHERE OTHER PARTY ACCEPTS OFFER OF COMPROMISE

Table

Item	Amount of award	If offer of compromise was accepted within 28 days after notice of defence given	If offer of compromise was accepted within 28 days after pre-hearing conference (if held)	If offer of compromise was accepted at least 7 days before arbitration
1	$500 or more but does not exceed $3000	25% of Cap A	50% of Cap A	75% of Cap A
2	$3001 or more but less than $5000	25% of Cap B	50% of Cap B	75% of Cap B
3	$5000 or more but less than $10000	25% of Cap C	50% of Cap C	75% of Cap C

__________________".

Dated:   21 September 2020

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. 141/2010. Reprint No. 2 as at 15 March 2018. Reprinted to S.R. No. 128/2018. Subsequently amended by S.R. Nos 167/2018, 49/2019, 81/2019 and 144/2019.