Untitled document

Magistrates' Court (Arbitration) (Professional

Costs) Regulations 2003

S.R. No. 61/2003

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Revised and increased scale of professional costs	2

i

STATUTORY RULES 2003

S.R. No. 61/2003

Magistrates' Court Act 1989

Magistrates' Court (Arbitration) (Professional

Costs) Regulations 2003

The Governor in Council makes the following Regulations:
Dated: 17 June 2003

Responsible Minister:

ROB HULLS

Attorney-General

BRIAN TUKE

Acting Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to revise and increase 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 July
2003.

Magistrates' Court (Arbitration) (Professional Costs)
Regulations 2003

r. 4

S.R. No. 61/2003

4. Revised and increased scale of professional costs

For Schedule 3 to the Magistrates' Court

(Arbitration) Regulations 20001 substitute—

"SCHEDULE 3

COSTS IN RESPECT OF AN ARBITRATION

Regulation 6

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

(a) where the amount Not more than $1005 for

awarded is $500 or more	each 2 hour session
but does not exceed $3000

(b)	where the amount	Not more than $1083 for
awarded exceeds $3000	each 2 hour session
but is less than $5000
(c)	if a party is awarded costs	Not more than $1005 for
only and the amount	each 2 hour session
claimed in the complaint is $500 or more but does not exceed $3000
(d)	if a party is awarded costs	Not more than $1083 for
only and the amount	each 2 hour session
claimed in the complaint exceeds $3000 but is less than $5000

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 19992.

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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Magistrates' Court (Arbitration) (Professional Costs)
Regulations 2003

Endnotes	S.	R. No. 61/2003
ENDNOTES

1 Reg. 4: S.R. No. 51/2000 as amended by S.R. Nos 134/2000 and 131/2001.

2 Reg. 4: S.R. No. 58/1999. Reprinted incorporating amendments as at

13 March 2003.