Magistrates Courts Amendment Rule (No. 1) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 65 Magistrates Courts Act 1921 MAGISTRATES COURTS AMENDMENT RULE (No. 1) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9A References to forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new pt 39A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 39A—ALTERNATIVE DISPUTE RESOLUTION PROCESSES Division 1—Definitions 335 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Establishment of ADR processes 336 Approval as mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 337 Approval as case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 338 ADR register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 339 Information to be given to registrar by ADR convenors and venue providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 340 Form of consent order for ADR process . . . . . . . . . . . . . . . . . . . . . . . 7 341 Registrar to give notice of proposed reference to ADR process . . . 7 342 Proceedings referred to ADR process are stayed . . . . . . . . . . . . . . . 8 343 When does a party impede an ADR process . . . . . . . . . . . . . . . . . . . 8

2 Magistrates Courts Amendment (No. 1) No. 65, 1996 Division 3—Mediation 344 Referral of dispute to appointed mediator . . . . . . . . . . . . . . . . . . . . . 8 345 When mediation must start and finish . . . . . . . . . . . . . . . . . . . . . . . . 9 346 Parties must assist mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 347 Mediator’s role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 348 Liberty to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 349 Mediator may seek independent advice . . . . . . . . . . . . . . . . . . . . . . 10 350 Record of mediation resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 351 Abandonment of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 352 Mediator to file certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 353 Unsuccessful mediations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 354 Replacement of mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 4—Case appraisal 355 Referral of dispute to appointed case appraiser . . . . . . . . . . . . . . . . 12 356 Jurisdiction of case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 357 Appearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 358 Case appraiser may seek information . . . . . . . . . . . . . . . . . . . . . . . . 13 359 Case appraisal proceeding may be recorded . . . . . . . . . . . . . . . . . . . 13 360 Case appraiser’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 361 Case appraiser’s decision on costs in the dispute . . . . . . . . . . . . . . . 14 362 Case appraiser’s decision final unless election made . . . . . . . . . . . 14 363 Case appraiser to file certificate and decision . . . . . . . . . . . . . . . . . 14 364 Dissatisfied party may elect to go to trial . . . . . . . . . . . . . . . . . . . . . 15 365 Court to have regard to case appraiser’s decision when awarding costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 366 Replacement of case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 5—ADR costs 367 Payment of ADR costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 368 Party may pay another party’s ADR costs . . . . . . . . . . . . . . . . . . . . . 16 369 Registrar to facilitate payment of ADR costs . . . . . . . . . . . . . . . . . . 16 370 When ADR convenor or venue provider may recover further costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

3 Magistrates Courts Amendment (No. 1) No. 65, 1996 371 Court may extend period within which costs are to be paid or grant relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 372 Costs of failed ADR process are costs in the dispute . . . . . . . . . . . . 17 6 Amendment of sch 1 (Forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7 Amendment of sch 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 29 MINOR AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

s1 4 s5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ˙ Short title 1. This rule may be cited as the Magistrates Courts Amendment Rule (No. 1) 1996 . ˙ Commencement 2. This rule commences on the day the Courts Legislation AmendmentAct 1995 , part 4 commences. ˙ Rules amended 3. This rule amends the Magistrates Courts Rules 1960 . ˙ Insertion of new s 9A 4. After section 9— insert— ˙ ‘ References to forms ‘ 9A. A reference in these rules to a form by number is a reference to the form of the corresponding number in schedule 1.’. ˙ Insertion of new pt 39A 5. After part 39— insert— ‘ PART 39A—ALTERNATIVE DISPUTE RESOLUTION PROCESSES ‘ Division 1—Definitions ˙ ‘ Definitions for part ‘ 335. In this part—

s5 5 s5 Magistrates Courts Amendment (No. 1) No. 65, 1996 “ADR costs” 1 include— (a) for a mediation 2 —the extra costs mentioned in section 349; 3 and (b) for a case appraisal 4 —the extra costs incurred because of section 358. 5 “Magistrates Court” includes a magistrate. “referred dispute” means a dispute 6 referred to a case appraiser 7 under section 355. “registrar” means the registrar nominated by the chief stipendiary magistrate under section 10H(1) of the Act. ‘ Division 2—Establishment of ADR processes ˙ ‘ Approval as mediator ‘ 336.(1) A person seeking approval as a mediator 8 must— (a) make application in form 98; and (b) pay the fee prescribed under schedule 3, part 3; and (c) satisfy the chief stipendiary magistrate the person is a suitable person to be approved as a mediator. ‘ (2) However, the fee is not payable if the person has been approved as a mediator of the Supreme Court or a District Court. ‘ (3) The chief stipendiary magistrate must inform the registrar of an approval of a person as a mediator. 1 Also see the definition “ADR costs” in the Act, s 2. 2 For the meaning of “mediation”, see the Act, s 10D. 3 Section 349 (Mediator may seek independent advice) 4 For the meaning of “case appraisal”, see the Act, s 10E. 5 Section 358 (Case appraiser may seek information) 6 For the meaning of “dispute”, see the Act, s 2. 7 A “case appraiser” is someone approved under the Act, s 10G, or a magistrate. 8 Also see the Act, s 10F.

s5 6 s5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ‘ (4) If the chief stipendiary magistrate decides not to approve a person as mediator, the chief stipendiary magistrate must give the person a statement of reasons for the decision. ˙ ‘ Approval as case appraiser ‘ 337.(1) A person seeking approval as a case appraiser 9 must— (a) be a barrister or solicitor of 5 years standing; and (b) make application in form 99; and (c) pay the fee prescribed under schedule 3, part 3; and (d) satisfy the chief stipendiary magistrate the person is a suitable person to be approved as a case appraiser. ‘ (2) However, the fee is not payable if the person has been approved as a case appraiser of the Supreme Court or a District Court. ‘ (3) The chief stipendiary magistrate must inform the registrar of an approval of a person as a case appraiser. ‘ (4) If the chief stipendiary magistrate decides not to approve a person as case appraiser, the chief stipendiary magistrate must give the person a statement of reasons for the decision. ˙ ‘ ADR register ‘ 338. The ADR register must contain details of the fees notified to the registrar under section 339. ˙ ‘ Information to be given to registrar by ADR convenors and venue providers ‘ 339.(1) A person intending to provide a venue for ADR processes 10 must give notice to the registrar in form 100 of the person’s name and address and the address of the venue. ‘ (2) A person intending to act as a mediator, case appraiser or venue 9 Also see the Act, s 10G. 10 For the meaning of “ADR process”, see the Act, s 10C.

s5 7 s5 Magistrates Courts Amendment (No. 1) No. 65, 1996 provider for ADR processes must give notice to the registrar of the fee the person intends to charge for providing the services or venue. ‘ (3) If a person intends to change the fee notified to the registrar, the person must give notice of the change to the registrar in form 101 at least 4 weeks before the change is effective. ‘ (4) Notice of the fee may be given by notifying the way the fee may be worked out, including, for example, an hourly or daily rate of charge or another way approved by the registrar. ˙ ‘ Form of consent order for ADR process ‘ 340. For the MagistratesCourtsAct1921 , section 10I, 11 the consent order must be made, as far as practicable, in form 102. ˙ ‘ Registrar to give notice of proposed reference to ADR process ‘ 341.(1) A Magistrates Court may direct the registrar of the referring court 12 to give written notice to the parties (the “referral notice” ) that the parties’ dispute is to be referred, by order, to an ADR process to be conducted by a specified mediator or case appraiser. ‘ (2) A party may object to the reference by filing an objection notice in the registry. ‘ (3) The objection notice must— (a) state the reasons why the party objects to the referral; and (b) be filed within 7 days after the objecting party receives the referral notice. ‘ (4) If an objection notice is filed, the court may require the parties or their representatives to attend before it (the “hearing” ). ‘ (5) The court may make an order at the hearing it considers appropriate in the circumstances. 11 Section 10I (Parties may agree to ADR process) 12 For the meaning of “referring court”, see the Act, s 2.

s5 8 s5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ˙ ‘ Proceedings referred to ADR process are stayed ‘ 342. If a dispute is referred to an ADR process, the dispute and all claims made in the dispute are stayed until— (a) the report of the ADR convenor 13 certifying the finish of the ADR process is filed with the registrar; or (b) a Magistrates Court otherwise orders. ˙ ‘ When does a party impede an ADR process ‘ 343. A party impedes an ADR process if the party— (a) fails to attend at the process; or (b) fails to participate in the process; or (c) fails to pay an amount the party is required to pay under a referring order 14 within the time stated in the order. ‘ Division 3—Mediation ˙ ‘ Referral of dispute to appointed mediator ‘ 344.(1) A referring order for a mediation 15 must— (a) appoint as mediator— (i) a specified mediator; or (ii) a mediator to be selected by the parties; or (iii) if all parties agree, a person who is not a mediator; and (b) include enough information about pleadings, statements of issues or other documents to inform the mediator of the dispute and the present stage of the proceeding between the parties; and (c) fix a period beyond which the mediation may extend only with 13 For the meaning of “ADR convenor”, see the Act, s 2. 14 For the meaning of “referring order”, see the Act, ss 2 and 10J. 15 For the meaning of “mediation”, see the Act, s 10D.

s5 9 s5 Magistrates Courts Amendment (No. 1) No. 65, 1996 the authorisation of the parties or estimate how long the mediation should take to finish. ‘ (2) The order must also— (a) fix the ADR costs or estimate the costs to the extent possible; and (b) state the percentage of ADR costs each party must pay; and (c) state a time (not more than 7 days) within which the ADR costs, including any fee negotiated under subsection (3), must be paid to the registrar of the referring court. ‘ (3) Instead of fixing or estimating the appointed mediator’s fee, the order may direct the parties to negotiate a fee with the appointed mediator. ‘ (4) A person appointed as mediator under subsection (1)(a)(iii) is taken to be a mediator for the mediation and issues incidental to the mediation. ‘ (5) An order must, as far as practicable, be made in form 103. ˙ ‘ When mediation must start and finish ‘ 345. A mediator must start a mediation as soon as possible after the mediator’s appointment and try to finish the mediation within 28 days after the appointment. ˙ ‘ Parties must assist mediator ‘ 346. The parties must act reasonably and genuinely in the mediation and help the mediator to start and finish the mediation within the time estimated or fixed in the referring order. ˙ ‘ Mediator’s role ‘ 347.(1) The mediator may gather information about the nature and facts of the dispute in any way the mediator decides. ‘ (2) The mediator may decide whether a party may be represented at the mediation and, if so, by whom. ‘ (3) During the mediation, the mediator may see the parties, with or without their representatives, together or separately.

s 5 10 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ˙ ‘ Liberty to apply ‘ 348. The mediator, a party or the registrar of a referring court may apply to a Magistrates Court at any time for directions on any issue about the mediation. ˙ ‘ Mediator may seek independent advice ‘ 349.(1) The mediator may seek legal or other advice about the dispute from independent third parties. ‘ (2) However, if the advice involves extra cost, the mediator must first obtain— (a) the parties’ agreement to pay the extra cost; or (b) a Magistrates Court’s leave. ‘ (3) If the court gives leave under subsection (2)(b), the court must also— (a) order the parties to pay the extra cost; and (b) state the time within which the payment must be made to the registrar of the referring court. ‘ (4) The mediator must disclose the substance of the advice to the parties. ˙ ‘ Record of mediation resolution ‘ 350.(1) Unless the parties otherwise agree, the mediator must ensure that an agreement mentioned in the MagistratesCourtsAct1921 , section 10O 16 is— (a) placed in a sealed container, for example, an envelope; and (b) marked with the court file number; and (c) endorsed ‘Not to be opened without an order of a Magistrates Court or a magistrate’; and (d) filed in the court. ‘ (2) The container may be opened only if a Magistrates Court orders it to 16 Section 10O (Mediated resolution agreement)

s 5 11 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 be opened. ‘ (3) No fee is payable for filing the container. ˙ ‘ Abandonment of mediation ‘ 351.(1) The mediator may abandon the mediation if the mediator considers further efforts at mediation will not lead to the resolution of the dispute or an issue in the dispute. ‘ (2) Before abandoning the mediation, the mediator must— (a) inform the parties of the mediator’s intention; and (b) give them an opportunity to reconsider their positions. ˙ ‘ Mediator to file certificate ‘ 352.(1) For the MagistratesCourtsAct1921 , section 10P, 17 the mediator must file a certificate in form 104. ‘ (2) The certificate must not contain comment about the extent to which a party participated or refused to participate in the mediation. ‘ (3) However, the certificate may indicate that a party did not attend the mediation. ‘ (4) No fee is payable for filing the certificate. ˙ ‘ Unsuccessful mediations ‘ 353. If a mediation is unsuccessful, the dispute may go to trial in the ordinary way without any inference being drawn against any party because of the failure to settle at the mediation. ˙ ‘ Replacement of mediator ‘ 354.(1) A Magistrates Court may, by further order, revoke the appointment of a mediator and appoint someone else as mediator if the court is satisfied it is desirable to do so. 17 Section 10P (Mediator to file certificate)

s 5 12 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ‘ (2) When appointing a substitute mediator, the court may decide the amount (if any) to be paid to the retiring mediator for work done. ‘ Division 4—Case appraisal ˙ ‘ Referral of dispute to appointed case appraiser ‘ 355.(1) A referring order for a case appraisal 18 must— (a) appoint as case appraiser— (i) a specified case appraiser; or (ii) a case appraiser to be selected by the parties; and (b) include enough information about pleadings, statements of issues or other documents to inform the case appraiser of the dispute and the present stage of the proceeding between the parties; and (c) fix a period beyond which the case appraisal may extend only with the authorisation of the parties or estimate how long the case appraisal should take to finish. ‘ (2) The order must also— (a) fix the ADR costs or estimate the costs to the extent possible; and (b) state the percentage of ADR costs each party must pay; and (c) state a time (not more than 7 days) within which the ADR costs, including any fee negotiated under subsection (3), must be paid to the registrar of the referring court. ‘ (3) Instead of fixing or estimating the appointed case appraiser’s fee, the order may direct the parties to negotiate a fee with the appointed case appraiser. ‘ (4) An order must, as far as practicable, be made in form 103. 18 For the meaning of “case appraisal”, see the Act, s 10E.

s 5 13 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ˙ ‘ Jurisdiction of case appraiser ‘ 356.(1) The case appraiser for a referred dispute has the power of a Magistrates Court to decide the issues in dispute in the referred dispute. ‘ (2) However, the case appraiser— (a) may only give a decision that could have been given in the dispute if it had been decided by the court; and (b) cannot punish for contempt. ‘ (3) Subsection (1) is subject to section 364. 19 ˙ ‘ Appearances ‘ 357. A party appearing before a case appraiser has the same rights to appear by lawyer or otherwise the party would have if the appearance were before a Magistrates Court. ˙ ‘ Case appraiser may seek information ‘ 358. A case appraiser may ask anyone for information and may obtain, and act on, information obtained from anyone on any aspect of the dispute. ˙ ‘ Case appraisal proceeding may be recorded ‘ 359.(1) A case appraiser may have the case appraisal proceeding recorded if the case appraiser considers it appropriate, in the special circumstances of the case. ‘ (2) If the proceeding is to be recorded, the case appraiser must decide the extent to which, and the way in which, the recording may be done. ˙ ‘ Case appraiser’s decision ‘ 360.(1) A case appraiser’s decision must be in writing, but the case appraiser need not give reasons for the decision. 19 Section 364 provides that a party dissatisfied with a case appraiser’s decision may elect to go to trial.

s 5 14 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ‘ (2) However, a case appraiser may, at any stage of a case appraisal proceeding, decline to proceed further with the proceeding. Example of subsection (2)— The dispute proves to be unsuitable for case appraisal. ‘ (3) A copy of the decision must be given to each party. ˙ ‘ Case appraiser’s decision on costs in the dispute ‘ 361.(1) In a referred dispute, a case appraiser has the same power to award costs in the dispute a Magistrates Court would have had if it had heard and decided the dispute. ‘ (2) A case appraiser’s decision under section 360(1) must include a decision on costs in the dispute. ˙ ‘ Case appraiser’s decision final unless election made ‘ 362. A case appraiser’s decision is final, unless an election to go to trial is made under section 364. ˙ ‘ Case appraiser to file certificate and decision ‘ 363.(1) For the Magistrates Courts Act 1921 , section 10Q, 20 the case appraiser must file a certificate in form 105. ‘ (2) If the case appraiser makes a decision about the dispute or any issue in the dispute, the case appraiser must— (a) place the written decision in a sealed container, for example, an envelope; and (b) mark the container with the court file number; and (c) endorse the container ‘Not to be opened without an order of a Magistrates Court or a magistrate’; and (d) file the container in the court. ‘ (3) The container may be opened only if a Magistrates Court orders it to 20 Section 10Q (Case appraiser to file certificate and decision)

s 5 15 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 be opened. ‘ (4) No fee is payable for filing the certificate and decision. ˙ ‘ Dissatisfied party may elect to go to trial ‘ 364.(1) A party who is dissatisfied with a case appraiser’s decision may elect to have the dispute go to trial in the ordinary way by filing an election in form 106 with the registrar of the referring court. 21 ‘ (2) The election must be filed within 28 days after the case appraiser’s certificate is filed in the registry. ‘ (3) If an election is filed— (a) the case appraiser’s decision ceases to have effect other than as provided by section 365; and (b) the dispute must be decided in a Magistrates Court as if it had never been referred to the case appraiser. ˙ ‘ Court to have regard to case appraiser’s decision when awarding costs ‘ 365.(1) In this section— “challenger” means a party who filed an election under section 364. ‘ (2) If a Magistrates Court’s decision in the dispute is not more favourable overall to a challenger than the case appraiser’s decision in the dispute was to the challenger, the costs of the action and the case appraisal must be awarded against the challenger. ‘ (3) However, the court may make another order about costs if the court considers there are special circumstances. ‘ (4) If all parties are challengers, the case appraiser’s decision has no effect on the awarding of costs. 21 For the meaning of “referring court”, see the Act, s 2.

s 5 16 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 ˙ ‘ Replacement of case appraiser ‘ 366.(1) A Magistrates Court may, by further order, revoke the appointment of a case appraiser and appoint someone else as case appraiser if the court is satisfied it is desirable to do so. ‘ (2) When appointing a substitute case appraiser, the court may decide the amount (if any) to be paid to the retiring case appraiser for work done. ‘ Division 5—ADR costs ˙ ‘ Payment of ADR costs ‘ 367. Each party to an ADR process 22 is severally liable for the party’s percentage of the ADR costs in the first instance. ˙ ‘ Party may pay another party’s ADR costs ‘ 368.(1) If a party to an ADR process does not pay the party’s percentage of ADR costs, another party may pay the amount. ‘ (2) If another party pays the amount, the amount is the other party’s costs in any event. ˙ ‘ Registrar to facilitate payment of ADR costs ‘ 369. After the registrar of the referring court has been paid all payments under the referring order and the ADR process has finished, the registrar must pay the ADR convenor and the venue provider their fees from the funds held for the purpose. ˙ ‘ When ADR convenor or venue provider may recover further costs ‘ 370.(1) An ADR convenor or venue provider may recover an amount more than the amount paid to the convenor or provider by the registrar of the referring court— (a) if the referring order estimates the ADR costs by fixing a fee rate 22 For the meaning of “ADR process”, see the Act, s 10C.

s 5 17 s 5 Magistrates Courts Amendment (No. 1) No. 65, 1996 and period for which the rate is to be paid—only if the parties authorise the ADR process to continue beyond the period fixed in the referring order; or (b) in any other case—only if the parties agree in writing to the payment of a greater amount than the amount paid by the registrar. ‘ (2) The parties are severally liable for an amount recoverable under subsection (1). ‘ (3) The amount may be recovered as a debt payable to the convenor or provider. ˙ ‘ Court may extend period within which costs are to be paid or grant relief ‘ 371.(1) A party may apply to a Magistrates Court for an order— (a) extending the time for payment to the registrar of ADR costs; or (b) relieving the party from the effects of noncompliance with any requirement about costs. ‘ (2) The court may make any order it considers appropriate. ˙ ‘ Costs of failed ADR process are costs in the dispute ‘ 372. Unless otherwise ordered by a Magistrates Court, each party’s costs of and incidental to an ADR process that did not result in the full settlement of the dispute between the parties are the party’s costs in the dispute.’.

s 6 18 Magistrates Courts Amendment (No. 1) ˙ Amendment of sch 1 (Forms) 6. Schedule 1— insert— s6 No. 65, 1996 ‘M.C. 98 ‘ APPLICATION FOR APPROVAL AS MEDIATOR section 336 I, ( insert full name and address and contact phone number ), apply to be approved as a mediator for disputes arising in a Magistrates Court. I believe I am a suitable person to be approved as a mediator. My qualifications and experience are— ( State qualifications and experience that make you suitable to be approved as a mediator. If approved as a mediator of the Supreme Court or a District Court, please include a statement to that effect. ) My fee for mediating disputes is ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the application )

s 6 19 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C. 99 ‘ APPLICATION FOR APPROVAL AS CASE APPRAISER section 337 I, ( insert full name and address and contact phone number ), apply to be approved as a case appraiser for disputes arising in a Magistrates Court. I believe I am a suitable person to be approved as a case appraiser. I am a ( barrister/solicitor ) of ( insert number ) years standing. My qualifications and experience are— ( State qualifications and experience that make you suitable to be approved as a case appraiser. If approved as a case appraiser of the Supreme Court or a District Court, please include a statement to that effect. ) My fee for appraising disputes is ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the application )

s 6 20 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C. 100 ‘ VENUE PROVIDER’S NOTICE section 339(1) I, ( insert full name and address and contact phone number ), give notice to the registrar that I am the ( owner/lessee ) of a venue at ( insert address ) that is suitable for use for mediations and case appraisals. The venue ( insert description of venue and available facilities eg telephones, fax machines, parking ) My fee for making the venue available is ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the notice )

s 6 21 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C. 101 ‘ NOTICE OF FEE CHANGE section 339(3) I, ( insert full name and address and contact phone number ), am an approved mediator/an approved case appraiser/a venue provider for disputes arising in a Magistrates Court. I give notice that on and from ( insert date which must be at least 4 weeks after this form is filed with the registrar ) my fee for ( acting as a mediator/case appraiser/making the venue at (insert address) available ) will be ( insert fee and show whether hourly or daily and any minimum fee ) ( Date and sign the notice )

s 6 22 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C. 102 ‘ CONSENT ORDER section 340 (General Title—Form 1) 1. ( Insert names of parties ) agree to participate in, and act reasonably and genuinely in, a ( mediation/case appraisal ) to be conducted at ( insert time of commencement and address of venue ). 2. The ( mediator/case appraiser ) is ( insert name or state that the mediator/case appraiser is to be selected by the parties ). 3. Copies of the following documents are attached to this order to help the ( mediator/case appraiser ) to understand the dispute, the issues and the present stage of the proceeding— ( attach enough information about pleadings, statements of issues or other documents to inform the mediator/case appraiser of the dispute and the present stage of the proceeding ) 4. The period of ( mediation/case appraisal ) is agreed at a maximum of ( insert number of hours or days ) and may extend beyond the period only with the authorisation of the parties. —OR— 4. The estimated maximum period of the ( mediation/case appraisal ) is ( insert period ). 5. The costs of the ( mediation/case appraisal ) are agreed at ( insert lump sum ). —OR— 5. The costs of the ( mediation/case appraisal ) are agreed at $ ( per hour or day ) up to a maximum of ( insert number of hours or days ). —OR—

s 6 23 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 5. The parties agree to negotiate a fee with ( insert name of mediator/case appraiser ). 6. The parties agree to pay the following percentages of the costs— ( name of party ) ( insert % ) ( name of party ) ( insert % ) 7. The parties must pay ( their respective percentages of the costs/the fee negotiated by the parties with the mediator/case appraiser ) to the registrar by ( insert date not later than 7 days after the date of the order ) 8. The parties agree that no hearing date may be given to this matter until the ( mediator or appraiser’s ) certificate is filed in the registry or until further order.

s 6 24 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C. 103 ‘ REFERRING ORDER sections 344(5) and 355(4) (General Title—Form 1) 1. ( Insert names of parties ) are directed to participate in, and act reasonably and genuinely in, a ( mediation/case appraisal ) to be conducted at ( insert time of commencement and address of venue ). 2. The ( mediator/case appraiser ) is ( insert name or state that the mediator/case appraiser is to be selected by the parties ). 3. Copies of the following documents are attached to this order to help the ( mediator/case appraiser )— ( attach enough information about pleadings, statements of issues or other documents to inform the mediator/case appraiser of the dispute and the present stage of the proceeding ) 4. The period of ( mediation/case appraisal ) is fixed at a maximum of ( insert number of hours or days ) and may extend beyond the period only with the authorisation of the parties. —OR— 4. The estimated maximum period of the ( mediation/case appraisal ) is ( insert period ). 5. The costs of the ( mediation/case appraisal ) are fixed at ( insert lump sum ). —OR— 5. The costs of the ( mediation/case appraisal ) are fixed at $ ( per hour or day ) up to a maximum of ( insert number of hours or days ). —OR— 5. The parties are to negotiate a fee with ( insert name of mediator/case

s 6 25 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 appraiser ). 6. The parties are to pay the following percentages of the costs— ( name of party ) ( insert % ) ( name of party ) ( insert % ) 7. The parties must pay ( their respective percentages of the costs/the fee negotiated by the parties with the mediator/case appraiser ) to the registrar by ( insert date not later than 7 days after the date of the order ) 8. No hearing date may be given to this matter until the ( mediator or appraiser’s ) certificate is filed in the registry or until further order.

s 6 26 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C. 104 ‘ MEDIATOR’S CERTIFICATE section 352 (General Title—Form 1) I, ( insert name of mediator ), certify that— 1. ( Insert name of parties ) have participated in a mediation before me and the procedure has finished. The parties have/have not resolved ( their dispute/part of their dispute ). —OR— 1. ( Insert name of parties ) have participated in a mediation before me and I cannot usefully take the resolution of their dispute any further. 23 —OR— 1. ( Insert name of party or parties ) did not attend the mediation as ordered. 2. ( Insert if appropriate ) The terms of their agreement are enclosed in the attached sealed ( insert type of container ) marked ‘Mediation agreement. Not to be opened without an order of a Magistrates Court or a magistrate. Court File No. . . .’. —OR— 2. ( include any other relevant matter for report ). ( Date and sign the certificate ) 23 No comment should be made about the extent to which a party participated or refused to participate in the mediation.

s 6 27 s 6 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C 105 ‘ CASE APPRAISER’S CERTIFICATE section 363 (General Title—Form 1) I, ( insert name of case appraiser ), certify that— 1. ( Insert name of parties ) have participated in the reference to me of their dispute and the procedure has finished. —OR— 1. ( Insert name of party or parties ) did not participate in the procedure. —OR— 1. The procedure could not be finished because ( state reasons ). 2. ( Insert if appropriate ) I have provisionally decided the proceeding and my decision is enclosed in the attached sealed ( insert type of container ) marked ‘Appraiser’s Decision. Not to be opened without an order of a Magistrates Court or a magistrate. Court File No. . . .’. —OR— 2. ( include any other relevant matter for report ). ( Date and sign the certificate )

s 7 28 s 7 Magistrates Courts Amendment (No. 1) No. 65, 1996 M.C. 106 ‘ NOTICE OF ELECTION TO GO TO TRIAL section 364 (General Title—Form 1) I, ( insert full name ), am a party to a dispute and attended at a case appraisal on ( insert date ) conducted by ( insert name of case appraiser ). I am dissatisfied with the case appraiser’s decision and elect to go to trial. ( Date and sign the notice )’. ˙ Amendment of sch 3 (Fees) 7. Schedule 3— insert— ‘ PART 3—ALTERNATIVE DISPUTE RESOLUTION FEES sections 336 and 337 Fee for approval as mediator 1. Application for approval as mediator . . . . . . . . . . . . . . . . . . . . . 100.00 Fee for approval as case appraiser 2. Application for approval as case appraiser . . . . . . . . . . . . . . . 100.00’.

29 Magistrates Courts Amendment (No. 1) No. 65, 1996 ¡ SCHEDULE ´ MINOR AMENDMENTS section 3 1. Sections 15(1), 33(1)(a), (2)(b) and (4), 43(1) and (6A), 47(4), 50(1), 50A(1), 138(1) and (3), 145(1), 155(3), 155A(2), 158(5) and (6), 159(1), 161(1), 164, 177, 180(1), 198(13), 220(2), 223A(15), 225(2) and (2A), 229(1), 230(2)(b), (5) and (6), 251(4)(a), (4)(b) and (4A), 252(3), (4) and (6), 259(1), 274(1A), (4) and (5), 299(3)(o) and 304(4B), ‘in Schedule 1’— omit. 2. Section 107(7), ‘section 335’— omit, insert— ‘section 373’. 3. Sections 335 to 344— renumber as section 373 to 383 respectively. ENDNOTES 1. Made by the Governor in Council on 11 April 1996. 2. Notified in the gazette on 12 April 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. © State of Queensland 1996