Supreme Court Rules (Amendment) (Cth)

Statutory Rules 1988 No. 3311

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Rules of the Supreme Court of the

Australian Capital Territory2 (Amendment)

WE, Judges appointed under subsection 7 (1) of the Australian Capital Territory Supreme Court Act 1933,hereby make the following Rules of Court under section 28 of that Act.

Dated 18 November 1988.

JEFFREY MILES

Chief Justice

J. KELLY

Judge

J. F. GALLOP

Judge

J. CIRCOSTA

Acting Registrar

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Principal Rules

1. In these Rules, “Principal Rules” means the Rules of the Supreme Court of the Australian Capital Territory.

Costs and disbursements where amount recovered less than Magistrates Court limit

2. Rule 7 of Order 65 of the Principal Rules is amended by omitting subrule (2).

3. Rule 7a of Order 65 of the Principal Rules is repealed and the following rule substituted:

“7a. (1) Where by or under these Rules or any order of the Court or a Judge the plaintiff in a suit to which this subrule applies is entitled to the

costs of the suit and recovers by default, judgment or otherwise an amount (exclusive of costs) which is equal to or less than an amount specified in Column 1 of the table below, the plaintiff shall be entitled only to the costs and disbursements specified in Column 2 of the table below in respect of that amount.

Column 1	Column 2
$25,000.....................	The costs and disbursements, at the appropriate scale, which the plaintiff would have been entitled to recover if the suit had been instituted in the Magistrates Court.
$50,000.....................	Two-thirds of the charges and disbursements provided for in the Fourth Schedule or the amount specified in Order 4, subrule 6 (4), whichever is applicable.

“(2) Subrule (1) applies to—

(a) a suit instituted on or after 3 January 1989 which the Magistrates Court would have had jurisdiction and power to hear and determine;

and

(b) a suit instituted on or after 3 January 1989 which the Magistrates Court would, but for the amount claimed, have had jurisdiction and power to hear and determine;

and to no other suits or matters.

“(3) The costs and disbursements to which a plaintiff is entitled pursuant to subrule (1) shall be reduced by an amount equal to the additional costs properly incurred by the defendant by reason of the suit having been instituted in the Supreme Court instead of the Magistrates Court, but the plaintiff shall not be required to pay to the defendant any amount by which the additional costs exceed the costs payable to the plaintiff.

“(4) Notwithstanding the provisions of subrule (1) and subject to rule 1 of this Order, the Court or Judge may in any suit order that the costs and disbursements to which the plaintiff is entitled shall be those applicable to a greater or lesser amount specified in Column 1 of the table to subrule (1), the charges provided for in subrule (1) of rule 7 or such proportion of those charges as is deemed fit.”

Transitional

4. Notwithstanding the amendment of rule 7 of Order 65 and the repeal of rule 7a of Order 65 of the Principal Rules effected by these Rules, the provisions of those rules in force immediately before 3 January 1989 continue to apply to and in relation to actions and proceedings instituted before that date.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 8 December 1988.

2. Statutory Rules 1937 No. 85 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 24 and see also