Untitled document

Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010

S.R. No. 25/2010

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provision

3Commencement

4Principal Rules

5Amendment of Rule 9.09

6Amendment of Rule 22A.02

7Rule 22A.06 substituted

22A.06Adjournment of a mediation

8Rule 22A.10 revoked

9Costs in accordance with Appendix A

10Taxation of costs

11Definitions

12Bases of taxation

13Party and party basis

14Solicitor and client basis

15Indemnity basis

16General basis

17Rule 26A.08 substituted

26A.08By whom costs to be taxed

18Rule 26A.09 revoked

19Rule 26A.10 substituted

26A.10Application for taxation

26A.10.1Procedure on taxation

20Rules 26A.11 to 26A.19 revoked

21Discretionary costs

22Rules 26A.21 and 26A.22 revoked

23Costs in proceedings before Costs Court

24Costs reserved

25Reference to magistrate

26Application by person liable to pay

27Solicitor at fault

28Rules 26A.28 to 26A.32 revoked

29Increased allowance

30Rules 26A.34 to 26A.41 revoked

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 25/2010

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010

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 Civil Procedure Rules 2009—

(a)to remove certain limitations on mediations of complaints; and

(b)to make further provision for the adjournment of mediations ; and

(c)as a consequence of the establishment of the Costs Court in the Supreme Court by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008.

2Authorising provision

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 10 May 2010.

4Principal Rules

In these Rules the Magistrates' Court Civil Procedure Rules 2009[1] are called the Principal Rules.

5Amendment of Rule 9.09

In Rule 9.09(2) of the Principal Rules, for "two days" substitute "14 days".

6Amendment of Rule 22A.02

In paragraph (e) of the definition of acceptable mediator in Rule 22A.02 of the Principal Rules, omit "if the amount of monetary relief sought in a complaint is less than $10 000,".

7Rule 22A.06 substituted

For Rule 22A.06 of the Principal Rules substitute—

"22A.06   Adjournment of a mediation

(1)On or before the day fixed for mediation, the mediator may, with the consent of the parties, adjourn a mediation to another date.

(2)In the case of a mediation of a complaint by a person described in paragraph (e) of the definition of acceptable mediator in Rule 22A.02, the mediation may be adjourned to another date without the consent of the parties by—

(a)the person appointed as an acceptable mediator; or

(b)the Mediation Coordinator appointed by the Dispute Settlement Centre of Victoria.".

8Rule 22A.10 revoked

Rule 22A.10 of the Principal Rules is revoked.

9Costs in accordance with Appendix A

In Rule 26.02(2) and (3) of the Principal Rules, after "the Court" (wherever occurring) insert

"or the registrar".

10Taxation of costs

In the heading to Order 26A of the Principal Rules for "ASSESSMENT" substitute "TAXATION".

11Definitions

(1)In Rule 26A.02 of the Principal Rules—

(a)the definitions of assessed costs and registrar are revoked;

(b)insert the following definitions—

"taxation or taxation of costs means the assessment, settling, taxation or review of costs;

taxed costs means costs taxed in accordance with this Order.".

(2)At the end of Rule 26A.02 of the Principal Rules insert—

"(2)In this Order, references to the Costs Court, a Costs Judge or an Associate Judge who is a Costs Judge include references to another officer of the Supreme Court conducting a taxation of costs under this Order or the Supreme Court Rules.".

12Bases of taxation

(1)In the heading to Rule 26A.03 of the Principal Rules, for "assessment" substitute "taxation".

(2)In Rule 26A.03 of the Principal Rules, for "assessed" (where twice occurring) substitute "taxed".

13Party and party basis

In Rule 26A.04 of the Principal Rules—

(a)for "assessment" substitute "taxation";

(b)for "assessed" substitute "taxed".

14Solicitor and client basis

In Rule 26A.05 of the Principal Rules, for "an assessment" substitute "a taxation".

15Indemnity basis

(1)In Rule 26A.06(1) of the Principal Rules, for "an assessment" substitute "a taxation".

(2)In Rule 26A.06(2) of the Principal Rules, for "registrar" substitute "Costs Court".

16General basis

In Rule 26A.07 of the Principal Rules, for "assessed" substitute "taxed".

17Rule 26A.08 substituted

For Rule 26A.08 of the Principal Rules substitute—

"26A.08   By whom costs to be taxed

Unless the Court otherwise orders, costs taxed in accordance with this Order must be taxed—

(a)in the Costs Court by a Costs Judge; or

(b)if a Costs Judge so directs, by a Costs Registrar, Deputy Costs Registrar, the Prothonotary or a Deputy Prothonotary, as the case requires.".

18Rule 26A.09 revoked

Rule 26A.09 of the Principal Rules is revoked.

19Rule 26A.10 substituted

For Rule 26A.10 of the Principal Rules substitute—

"26A.10   Application for taxation

An application to the Costs Court for costs to be taxed must be made in accordance with the Supreme Court Rules.

26A.10.1Procedure on taxation

Subject to these Rules and to any Act or order of the Court, costs under this Order must be taxed as provided by the Supreme Court Rules.".

20Rules 26A.11 to 26A.19 revoked

Rules 26A.11, 26A.12, 26A.13, 26A.14, 26A.15, 26A.16, 26A.17, 26A.18 and 26A.19 of the Principal Rules are revoked.

21Discretionary costs

In Rule 26A.20 of the Principal Rules, for "registrar" (where twice occurring) substitute "Costs Court".

22Rules 26A.21 and 26A.22 revoked

Rules 26A.21 and 26A.22 of the Principal Rules are revoked.

23Costs in proceedings before Costs Court

(1)In the heading to Rule 26A.23 of the Principal Rules, for "registrar" substitute "Costs Court".

(2)In Rule 26A.23 of the Principal Rules, for "registrar" (wherever occurring) substitute "Costs Court".

24Costs reserved

In Rule 26A.24(1) of the Principal Rules, for "registrar" substitute "Costs Court".

25Reference to magistrate

In Rule 26A.25 of the Principal Rules—

(a)for "The registrar" substitute "In the exercise of its jurisdiction, the Costs Court";

(b)for "an assessment" substitute "a taxation".

26Application by person liable to pay

In Rule 26A.26(1) of the Principal Rules—

(a)for "assessed" (where twice occurring) substitute "taxed";

(b)for "the registrar may order the party entitled to file and serve an application under Rule 26A.10 and may fix a time for compliance." substitute—

"a registrar—

(a)may order the party entitled to file and serve a summons in the Costs Court under the Supreme Court Rules; and

(b)may fix a time for compliance.".

27Solicitor at fault

Rules 26A.27(3), (4), (5), (6), (7), (8) and (9) of the Principal Rules are revoked.

28Rules 26A.28 to 26A.32 revoked

Rules 26A.28, 26A.29, 26A.30, 26A.31 and 26A.32 of the Principal Rules are revoked.

29Increased allowance

In Rule 26A.33 of the Principal Rules—

(a)for "registrar" substitute "Costs Court";

(b)for "he or she" substitute "the Costs Court".

30Rules 26A.34 to 26A.41 revoked

Rules 26A.34, 26A.35, 26A.36, 26A.37, 26A.38, 26A.39, 26A.40 and 26A.41 of the Principal Rules are revoked.

Dated:    6 May 2010

IAN L. GRAY,
Chief Magistrate

PETER LAURITSEN,
Deputy Chief Magistrate

LANCE IVAN MARTIN,
Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 49/2009 as amended by S.R. No. 153/2009.