Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 S.R. No. 106/2014 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 New Rule 2.08 inserted 2 2.08 Costs in respect of an arbitration 2 6 New Appendix AA inserted 2 APPENDIX AA—Costs in Respect of an Arbitration 2 1 Costs 2 2 Disbursements 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 106/2014 Magistrates' Court Act 1989 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to amend the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 to prescribe professional costs, fees and disbursements which may be awarded in respect of an arbitration under Division 2 of Part 5 of the Magistrates' Court Act 1989. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 1 August 2014. 4 Principal Rules In these Rules, the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 20101 are called the Principal Rules. -- 2 of 6 -- S.R. No. 106/2014 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 Authorised by the Chief Parliamentary Counsel 2 5 New Rule 2.08 inserted After Rule 2.07 of the Principal Rules insert— "2.08 Costs in respect of an arbitration For the purposes of section 105(2) of the Act, the Court may award, to a party to a proceeding referred to arbitration, costs in respect of the arbitration in accordance with Appendix AA.". 6 New Appendix AA inserted After Form 9E of the Principal Rules insert— "APPENDIX AA Rule 2.08 COSTS IN RESPECT OF AN ARBITRATION 1 Costs 1.1 For all professional costs including Australian lawyers' costs and fees to counsel— (a) where the amount awarded is $500 or more but does not exceed $3000 not more than $1432 for the first 2 hours of arbitration (b) where the amount awarded exceeds $3000 but is less than $5000 not more than $1544 for the first 2 hours of arbitration (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 $1432 for the first 2 hours of arbitration r. 5 -- 3 of 6 -- S.R. No. 106/2014 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 Authorised by the Chief Parliamentary Counsel 3 (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 $1544 for the first 2 hours of arbitration (e) where the amount awarded is $5000 or more but is less than $10 000 not more than $1655 for the first 2 hours of arbitration (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 $1655 for the first 2 hours of arbitration (g) if a complaint has been the subject of a pre-hearing conference under section 107 of the Magistrates' Court Act 1989 or a mediation under section 108 of the Magistrates' Court Act 1989, the following additional amounts are payable (i) $270, if paragraph (a) or (c) applies; or (ii) $335, if paragraph (b) or (d) applies; or (iii) $403, if paragraph (e) or (f) applies. 1.2 If an arbitration exceeds 2 hours, the Court may award in respect of each further 2 hours of arbitration or part thereof an amount not exceeding 50% of the amount referred to in the applicable paragraph of item 1.1. r. 6 -- 4 of 6 -- S.R. No. 106/2014 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 Authorised by the Chief Parliamentary Counsel 4 2 Disbursements 2.1 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. Note See also sections 105 and 131 of the Act in relation to the awarding of costs in an arbitration. __________________". Dated: 25 July 2014 P. LAURITSEN, Chief Magistrate LANCE MARTIN, Deputy Chief Magistrate B. B. BRAUN, Deputy Chief Magistrate ═══════════════ r. 6 -- 5 of 6 -- S.R. No. 106/2014 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014 Authorised by the Chief Parliamentary Counsel 5 ENDNOTES 1 Rule 4: S.R. No. 141/2010 as amended by S.R. Nos 124/2011, 27/2012, 158/2012 and 11/2014. Endnotes -- 6 of 6 --