Untitled document

Magistrates' Court (Arbitration) (Professional Costs) Regulations 2004

S.R. No. 163/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provisions

3.Commencement

4.Substitution of Schedule 3

SCHEDULE 3—Costs in respect of an Arbitration

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 163/2004

Magistrates' Court Act 1989

Magistrates' Court (Arbitration) (Professional Costs) Regulations 2004

The Governor in Council makes the following Regulations:
Dated: 14 December 2004

Responsible Minister:

ROB HULLS
Attorney-General

DIANE CASEY

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to increase and revise the allowances for costs which may be awarded to a party in respect of an arbitration under Division 2 of Part 5 of the Magistrates' Court Act 1989.

2.Authorising provisions

These Regulations are made under sections 105(2) and 140 of the Magistrates' Court Act 1989.

3.Commencement

These Regulations come into operation on 1 January 2005.

4.Substitution of Schedule 3

For Schedule 3 to the Magistrates' Court (Arbitration) Regulations 2000[1] substitute—

"SCHEDULE 3

Regulation 6

Costs in respect of an Arbitration

1.   For all professional costs including solicitors' costs and fees to counsel—

(a)  where the amount awarded is $500 or more but does not exceed $3000

Not more than $1065 for each 2 hour session

(b)  where the amount awarded exceeds $3000 but is less than $5000

Not more than $1148 for each 2 hour session

(c)  if a party is awarded costs only and the amount claimed in the complaint is $500 or more but does not exceed $3000

Not more than $1065 for each 2 hour session

(d)  if a party is awarded costs only and the amount claimed in the complaint exceeds $3000 but is less than $5000

Not more than $1148 for each 2 hour session

(e)  where the amount awarded is $5000 or more but is less than $10 000

Not more than $1231 for each 2 hour session

(f)   if a party is awarded costs only and the amount claimed in the complaint exceeds $5000 but is less than $10 000

Not more than $1231 for each 2 hour session

(g) if a complaint has been the subject of a pre-hearing conference under section 107 of the Magistrates' Court Act 1989, the following additional amounts are payable

(i)     $200, if paragraph (a) or (c) applies; or

(ii)    $250, if paragraph (b) or (d) applies; or

(iii)   $300, if paragraph (e) or (f) applies.

If an arbitration hearing requires more than one 2 hour session the Court may award any further professional costs in accordance with Appendix A to the Magistrates' Court Civil Procedure Rules 1999[2].

2.   Disbursements

In addition to the above amounts, money properly paid or payable out of pocket and the expenses of witnesses and interpreters are to be allowed.".

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ENDNOTES

[1] Reg. 4: S.R. No. 51/2000.  Reprint No. 1 incorporating amendments as at 1 July 2003.

[2] Reg. 4 (substituted Sch. 3): S.R. No. 58/1999.  Reprint No. 2 incorporating amendments as at 13 March 2003.  Subsequently amended by S.R. No. 144/2003.