Untitled document
County Court (Costs Court Amendment) Rules 2009
S.R. No. 182/2009
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Definitions
6Form and filing of summons
7Definitions and application—Order 63A
8Time for costs order and payment
9Rule 63A.05 substituted
63A.05By whom costs to be taxed
10Officers of Court to assist each other
11Default judgment
12Costs in other court or tribunal
13No order for taxation required
14Rule 63A.11 substituted
63A.11Enforcement of order of Costs Court
15Rule 63A.21.1 to 63A.22.1 substituted
63A.21.1Costs in proceedings before Registrar or Costs Court
63A.22Costs reserved
63A.22.1Evidence transcript costs
16Indemnity basis
17Costs and fees
18Part 4 revoked
19Application of Part 5
20Rule 63A.38 substituted
63A.38Application to the Costs Court for taxation
21Revocation of redundant Rules
22Discretionary costs
23Revocation of Rules 63A.49 and 63A.50
24New Rule 63A.51
63A.51Reference to Judge
25Notice to person interested in fund
26Application by person liable to pay
27Revocation of Rules 63A.55 to 63A.57
28Rule 63A.63 substituted
63A.63Procedure on taxation
29Appointment to tax
30Reference for taxation
31Revocation of redundant Rules
32Rule 63A.72 substituted
63A.72Increased allowance
33Revocation of redundant Rules
34Form 63AA revoked
═══════════════
ENDNOTES
STATUTORY RULES 2009
S.R. No. 182/2009
County Court Act 1958
County Court (Costs Court Amendment) Rules 2009
A majority of the Judges of the County Court makes the following Rules:
1Object
The object of these Rules is to amend the Chapter I of the Rules of the County Court 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 provisions
These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 31 December 2009.
4Principal Rules
In these Rules, the County Court Civil Procedure Rules 2008[1] are called the Principal Rules.
5Definitions
In Rule 1.13(2) of the Principal Rules—
(a)in paragraph (b) for "judge." substitute "judge;";
(b)after paragraph (b) insert—
"(c)a reference to the Costs Court is a reference to—
(i)the Costs Court constituted by a Costs Judge; and
(ii)the exercise of a power of the Costs Court by a Costs Registrar within the meaning of the Supreme Court Act 1986 or a Deputy Costs Registrar.".
6Form and filing of summons
For Rule 46.04(2)(c) of the Principal Rules substitute—
"(c)where application is made for costs to be taxed, with the Costs Court in accordance with the Rules of the Supreme Court.".
7Definitions and application—Order 63A
(1)In Rule 63A.01(1) of the Principal Rules—
(a)in paragraph (b) of the definition of party for "in the Court" substitute "in the Costs Court";
(b)after the definition of party insert—
"taxation or taxation of costs means the assessment, settling, taxation or review of costs;".
(2)For Rule 63A.01(2)(a) of the Principal Rules substitute—
"(a)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;".
(3)In Rule 63A.01(4) of the Principal Rules, for "Taxing Master of the Supreme Court" substitute "Costs Court".
8Time for costs order and payment
After Rule 63A.03(2) of the Principal Rules insert—
"(2.1)Costs which a party is required to pay under an order of the Costs Court shall, unless the Costs Court otherwise orders, be paid forthwith.".
9Rule 63A.05 substituted
For Rule 63A.05 of the Principal Rules substitute—
"63A.05 By whom costs to be taxed
Unless the Court otherwise orders, costs taxed in accordance with this Order shall be taxed—
(a)in the Costs Court by a Costs Judge; or
(b)if a Costs Judge so directs, by a Costs Registrar, a Deputy Costs Registrar, the Prothonotary or a Deputy Prothonotary, as the case requires.".
10Officers of Court to assist each other
Rule 63A.06 of the Principal Rules is revoked.
11Default judgment
At the end of Rule 63A.08 of the Principal Rules insert—
"(2)Where costs are fixed under paragraph (1), the party by whom or the party to whom the costs are payable may appeal to the Costs Court, in accordance with the Rules of the Supreme Court, in respect of the amount so fixed on the ground that the Registrar did not fix the proper amount.".
12Costs in other court or tribunal
For Rule 63A.09(b) of the Principal Rules substitute—
"(b)order that the costs be taxed in the Costs Court; or".
13No order for taxation required
In Rule 63A.10 of the Principal Rules after "the costs may be taxed" insert "in the Costs Court".
14Rule 63A.11 substituted
For Rule 63A.11 of the Principal Rules substitute—
"63A.11 Enforcement of order of Costs Court
(1)If costs are taxed otherwise than under a judgment or order for costs, an order of the Costs Court for payment of any amount found to be due may be enforced in the same manner as a judgment for the payment of money.
(2)Paragraph (1) applies to an interim order for payment of any item in a bill of costs.".
15Rule 63A.21.1 to 63A.22.1 substituted
For Rules 63A.21.1, 63A.22 and 63A.22.1 of the Principal Rules substitute—
"63A.21.1 Costs in proceedings before Registrar or Costs Court
Where in any proceeding before the Registrar or the Costs Court—
(a)any party is guilty of neglect or delay; or
(b)puts any other party to unnecessary or improper expense relative to the proceeding—
the Registrar or the Costs Court may direct that party to pay any costs that the Registrar or the Costs Court, as the case requires, thinks proper.
63A.22Costs reserved
(1)Where by order of the Court the costs of any interlocutory or other application or of any step in a proceeding are reserved, and the Court does not thereafter direct by and to whom those costs are to be paid, then, unless the Court otherwise orders, the Costs Court may by order so direct.
(2)Paragraph (1) shall not apply where after the order that costs be reserved is made the Court determines that no further order be made with respect to those costs.
63A.22.1Evidence transcript costs
If any evidence in a proceeding is recorded and transcribed, and the Court does not direct by and to whom the costs of the recording and transcribing are to be paid, then, unless the Court otherwise orders, the Costs Court may by order so direct.".
16Indemnity basis
In Rule 63A.30.1(2) of the Principal Rules for "Registrar" substitute "Costs Court".
17Costs and fees
In Rule 63A.34A(1) of the Principal Rules for "Registrar" substitute "Costs Court".
18Part 4 revoked
Part 4 of Order 63A of the Principal Rules is revoked.
19Application of Part 5
(1)In Rule 63A.37(1)(b) of the Principal Rules, after "taxed in the Court" insert "or the Costs Court".
(2)In Rule 63A.37(2) of the Principal Rules, for "his" substitute "the solicitor's".
20Rule 63A.38 substituted
For Rule 63A.38 of the Principal Rules substitute—
"63A.38 Application to the Costs Court for taxation
An application to the Costs Court for costs to be taxed shall be made in accordance with the Supreme Court Rules.".
21Revocation of redundant Rules
Rules 63A.39 to 63A.47 of the Principal Rules are revoked.
22Discretionary costs
In Rule 63A.48 of the Principal Rules after "Registrar" (wherever occurring) insert "or the Costs Court".
23Revocation of Rules 63A.49 and 63A.50
Rules 63A.49 and 63A.50 of the Principal Rules are revoked.
24New Rule 63A.51
For Rule 63A.51 of the Principal Rules substitute—
"63A.51 Reference to Judge
In the exercise of its jurisdiction, the Costs Court may refer to a Judge for directions any question arising on a taxation.".
25Notice to person interested in fund
In Rule 63A.52 of the Principal Rules for "Registrar" (wherever occurring) substitute "Costs Court".
26Application by person liable to pay
(1)In Rule 63A.53(1) of the Principal Rules for "him" substitute "that party".
(2)For Rule 63A.53(1)(a) of the Principal Rules substitute—
"(a)may order the party entitled to file and serve a summons in the Costs Court under the Supreme Court Rules; and".
27Revocation of Rules 63A.55 to 63A.57
Rules 63A.55 to 63A.57 of the Principal Rules are revoked.
28Rule 63A.63 substituted
For Rule 63A.63 of the Principal Rules substitute—
"63A.63 Procedure on taxation
Subject to these Rules and to any Act or order of the Court, costs under this Part shall be taxed as provided by the Supreme Court Rules.".
29Appointment to tax
(1)In Rule 63A.64(1) of the Principal Rules for "Registrar" substitute "Costs Court".
(2)For Rule 63A.64(2) of the Principal Rules substitute—
"(2)Application to the Costs Court to tax the bill shall be made by summons in accordance with the Supreme Court Rules.".
30Reference for taxation
(1)In Rule 63A.65(1) of the Principal Rules for "Registrar" substitute "Costs Court".
(2)For Rule 63A.65(2) of the Principal Rules substitute—
"(2)The taxation shall be brought before the Costs Court on application by summons in accordance with the Supreme Court Rules.".
(3)Rule 63A.65(3) of the Principal Rules is revoked.
31Revocation of redundant Rules
(1)Rules 63A.66 and 63A.67 of the Principal Rules are revoked.
(2)Rules 63A.68 to 63A.71 of the Principal Rules are revoked.
32Rule 63A.72 substituted
For Rule 63A.72 of the Principal Rules substitute—
"63A.72 Increased allowance
The Registrar or the Costs Court may increase the amount of value of any allowance or expense in Appendix A as the Registrar or the Costs Court thinks fit.".
33Revocation of redundant Rules
(1)Rules 63A.73 to 63A.81 of the Principal Rules are revoked.
(2)Rules 63A.83 to 63A.85 of the Principal Rules are revoked.
34Form 63AA revoked
Form 63AA of the Principal Rules is revoked.
Dated: 17 December 2009
| M. ROZENES, Chief Judge | S. S. DAVIS |
| M. G. McINERNEY | F. P. HAMPEL |
| M. A. RIZKALLA | J. G. MORRISH |
| F. J. SHELTON | J. P. LECKIE |
| T. M. HOLT | D. A. PARSONS |
| T. D. WOOD | S. E. PULLEN |
| P. D. JENKINS | A. J. HOWARD |
| J. R. BOWMAN | L. A. HANNAN |
| R. A. LEWITAN | M. D. MURPHY |
| G. G. HICKS | M. E. KENNEDY |
| J. A. SMALLWOOD | C. M. O'NEILL |
| S. M. COHEN | D. L. ALLEN |
| M. E. SEXTON | K. L. BOURKE |
| F. E. HOGAN | P. M. E. WISCHUSEN |
| I. E. LAWSON | P. G. LACAVA |
| G. GULLACI | F. R. GUCCIARDO |
| K. R. HOWIE | C. A. THORNTON |
| W. A. WILMOTH | P. M. TAFT |
| G. T. CHETTLE | F. SACCARDO |
| F. MILLANE | M. A. GAMBLE |
| H. MASON | K. E. KINGS |
| G. P. MULLALY | J. D. MONTGOMERY |
| T. J. GINNANE | J. L. PARRISH |
═══════════════
ENDNOTES
[1] Rule 4: S.R. No. 148/2008.
0
0
0