Untitled document

Magistrates' Court Civil Procedure (Amendment No. 25) Rules 2009

S.R. No. 39/2009

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Amendment of Rule 3.05, form of documents

6Insertion of new Rule 21.06

21.06Service of reports and assessments in relation to proceedings relating to motor vehicle accidents

7Loss assessors witnesses' expenses

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 39/2009

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment No. 25) Rules 2009

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 1999—

(a)to make provision for all documents prepared for use in the Court to use both sides of the paper; and

(b)to make further provision for certain witnesses' expenses; and

(c)to make further provision as to the service of documents in proceedings referred to arbitrations.

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 27 April 2009.

4Principal Rules

In these Rules the Magistrates' Court Civil Procedure Rules 1999[1] are called the Principal Rules.

5Amendment of Rule 3.05, form of documents

(1)In Rule 3.05(4) of the Principal Rules, for "Except as listed in paragraph (4.1), both" substitute "Both".

(2)Rule 3.05(4.1) of the Principal Rules is revoked.

6Insertion of new Rule 21.06

After Rule 21.05 of the Principal Rules insert—

"21.06   Service of reports and assessments in relation to proceedings relating to motor vehicle accidents

(1)If in any proceeding that has been referred to arbitration in accordance with this Order there is a claim or counterclaim for damages arising out of a motor vehicle accident, each party (the serving party) must serve on each other party a copy of any assessor's report or documents relating to such an assessment in the possession of the serving party.

(2)Any report or documents required to be served under paragraph (1) must be served not less than 14 days before the date fixed for a pre-hearing conference or, if no such date is fixed, then 14 days before the date fixed for the arbitration.".

7Loss assessors witnesses' expenses

(1)In item 82 of Appendix A to the Principal Rules, for "Witnesses giving evidence" substitute "Subject to item 82A, witnesses giving evidence".

(2)After item 82 of Appendix A to the Principal Rules insert—

"82A.Witnesses giving evidence in the capacity of motor vehicle loss assessors, up to $120 per hour or part thereof, but not to exceed $660 per day.".

Dated:    20 April 2009

IAN L. GRAY,

Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

PETER LAURITSEN,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 58/1999.  Reprint No. 3 as at 1 March 2005.  Reprinted to S.R. No. 5/2005.  Subsequently amended by S.R. Nos 15/2005, 165/2005, 87/2006, 164/2006, 170/2006, 178/2006, 103/2007, 119/2007, 142/2007 and 64/2008.