Untitled document

Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012

S.R. No. 109/2012

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Costs to be specified

5Statute law revision

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 109/2012

Magistrates' Court Act 1989

Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012

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 General Civil Procedure Rules 2010 to make further provision for certification costs and to make other miscellaneous amendments.

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 8 October 2012.

4Costs to be specified

For Rule 5.09(2) of the Magistrates' Court General Civil Procedure Rules 2010[1] substitute—

"(2)The amount of costs in the indorsement must be—

(a)in the case of a claim for debt, liquidated demand or claim arising from a motor vehicle collision for cost of repairs only or for total loss of vehicle only—

(i)the amount of scale costs in item 1 in Appendix A applicable to the amount claimed; and

(ii)if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and

(iii)the fees (if any) for the filing and service of the complaint; or

(b)in any other case—

(i)the amount of scale costs in item 3 in Table 1 to Appendix A applicable to the amount claimed; and

(ii)if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and

(iii)the fees (if any) for the filing and service of the complaint.".

5Statute law revision

In the heading to Rule 42.12 of the Magistrates' Court General Civil Procedure Rules 2010 for "subpeona" substitute "subpoena".

Dated:    1 October 2012

IAN L. GRAY,

Chief Magistrate

LANCE I. MARTIN,

Deputy Chief Magistrate

FELICITY A. BROUGHTON,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011, 2/2012 and 28/2012.