Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 PART 2—COSTS AMENDMENTS 2 5 Cost consequences of failure to accept 2 6 Definitions for the purposes of Order 63 2 7 Judicial registrars 2 8 Rule 63.17 substituted 2 63.17 Amendment 2 9 Rule 63.22 substituted 2 63.22 Costs reserved 2 10 Evidence transcript costs 3 11 Rule 63.28 substituted 3 63.28 Bases of taxation 3 12 Party and party basis 3 13 Rule 63.30 substituted 3 63.30 Standard basis 3 14 Rule 63.31 substituted 3 63.31 Usual basis of taxation 3 15 Revocation of Rules 63.32 and 63.33 4 16 Heading to Part 5 of Order 63 amended 4 17 Discretionary costs 4 18 Rules 63.59 to 63.61 substituted 5 63.59 Basis of taxation of costs payable by client 5 63.60 Taxation between Australian lawyer and client 5 63.61 Basis of taxation of costs payable otherwise than by client 6 19 Rule 63.69 revoked 6 20 Rule 63.72 substituted 6 63.72 Increase or decrease of amounts in Scale 6 -- 1 of 10 -- Rule Page ii Authorised by the Chief Parliamentary Counsel PART 3—OTHER AMENDMENTS 7 21 Contents and form of notice of defence 7 22 Notice of defence form amended 7 ═══════════════ ENDNOTES 8 -- 2 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2013 S.R. No. 89/2013 Magistrates' Court Act 1989 Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: PART 1—PRELIMINARY 1 Object The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010 in relation to— (a) the taxation of costs in a proceeding; and (b) a defendant's address for service of documents in a proceeding. 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 July 2013. 4 Principal Rules In these Rules, the Magistrates' Court General Civil Procedure Rules 20101 are called the Principal Rules. __________________ -- 3 of 10 -- Part 2—Costs Amendments Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 Authorised by the Chief Parliamentary Counsel 2 PART 2—COSTS AMENDMENTS 5 Cost consequences of failure to accept In Rule 26.08(2), (3) and (4) of the Principal Rules, for "party and party basis" (where twice occurring) substitute "standard basis". 6 Definitions for the purposes of Order 63 In Rule 63.01(1) of the Principal Rules, in the definition of costs, after "disbursements" insert "and reasonable costs of recording and transcript". 7 Judicial registrars In Rule 63.05(b) of the Principal Rules, before "a Costs Registrar" insert "a judicial registrar within the meaning of the Supreme Court Act 1986,". 8 Rule 63.17 substituted For Rule 63.17 of the Principal Rules substitute— "63.17 Amendment If a pleading is amended (whether with or without leave) the costs of and occasioned by the amendment and the costs of any application for leave to make the amendment are the parties' costs in the proceeding, unless the Court otherwise orders.". 9 Rule 63.22 substituted For Rule 63.22 of the Principal Rules substitute— "63.22 Costs reserved If by order of the Court the costs of any interlocutory or other application, or of any step in a proceeding, are reserved, the reserved costs are the parties' costs in the r. 5 -- 4 of 10 -- Part 2—Costs Amendments Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 Authorised by the Chief Parliamentary Counsel 3 proceeding, unless the Court otherwise orders.". 10 Evidence transcript costs Rule 63.22.1 of the Principal Rules is revoked. 11 Rule 63.28 substituted For Rule 63.28 of the Principal Rules substitute— "63.28 Bases of taxation Subject to this Part, costs in a proceeding which are to be taxed must be taxed on— (a) a standard basis; (b) an indemnity basis; or (c) such other basis as the Court may direct.". 12 Party and party basis Rule 63.29 of the Principal Rules is revoked. 13 Rule 63.30 substituted For Rule 63.30 of the Principal Rules substitute— "63.30 Standard basis Subject to Rule 63.00.1, on a taxation on a standard basis, all costs reasonably incurred and of reasonable amount must be allowed.". 14 Rule 63.31 substituted For Rule 63.31 of the Principal Rules substitute— "63.31 Usual basis of taxation Except as provided by these Rules or any order of the Court, including the Costs Court, costs must be taxed on the standard basis.". r. 10 -- 5 of 10 -- Part 2—Costs Amendments Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 Authorised by the Chief Parliamentary Counsel 4 15 Revocation of Rules 63.32 and 63.33 Rules 63.32 and 63.33 of the Principal Rules are revoked. 16 Heading to Part 5 of Order 63 amended In the heading to Part 5 of Order 63 of the Principal Rules omit "PARTY AND PARTY". 17 Discretionary costs For Rule 63.48(2) of the Principal Rules substitute— "(2) In exercising the discretion under paragraph (1), the Costs Court must have regard to— (a) the complexity of the matter; (b) the difficulty or novelty of the questions involved in the matter; (c) the skill, specialised knowledge and responsibility involved and the time and labour expended by the Australian lawyer or counsel; (d) the number and importance of the documents prepared and perused, regardless of length; (e) the amount or value of money or property involved; (f) research and consideration of questions of law and fact; (g) the general care and conduct of the Australian lawyer or counsel, having regard to the instructions and all relevant circumstances; (h) the time within which the work was required to be done; r. 15 -- 6 of 10 -- Part 2—Costs Amendments Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 Authorised by the Chief Parliamentary Counsel 5 (i) allowances otherwise made in accordance with the Scale in Appendix A; (j) any other relevant matter.". 18 Rules 63.59 to 63.61 substituted For Rules 63.59 to 63.61 of the Principal Rules substitute— "63.59 Basis of taxation of costs payable by client Subject to Rule 63.60, costs payable to an Australian lawyer by the lawyer's client to which this Part applies must, subject to any Act or any order of the Court or any agreement between the lawyer and the client, be taxed on the standard basis as defined by Rule 63.30. 63.60 Taxation between Australian lawyer and client (1) Costs not reasonably incurred or not of reasonable amount may nevertheless be allowed to an Australian lawyer against a client if— (a) the costs were incurred with the authority of or the amount was authorised by the client; and (b) before the costs were incurred the Australian lawyer expressly warned the client that the costs might not be allowed on a taxation of costs as between party and party. (2) An authority for the purpose of this Rule may be express or implied. r. 18 -- 7 of 10 -- Part 2—Costs Amendments Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 Authorised by the Chief Parliamentary Counsel 6 (3) Where the client is a person under disability, references to the client in paragraph (1) include references to the litigation guardian of the client. 63.61 Basis of taxation of costs payable otherwise than by client Costs payable to an Australian lawyer by a person other than the client to which this Part applies must, subject to any Act or any order of the Court or any agreement between that person and the client, be taxed on the standard basis as defined by Rule 63.30.". 19 Rule 63.69 revoked Rule 63.69 of the Principal Rules is revoked. 20 Rule 63.72 substituted For Rule 63.72 of the Principal Rules substitute— "63.72 Increase or decrease of amounts in Scale In any particular taxation of costs, the Costs Court may increase or decrease the amount or value of any allowance or expense in Appendix A as the Costs Court thinks fit.". __________________ r. 19 -- 8 of 10 -- Part 3—Other Amendments Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 Authorised by the Chief Parliamentary Counsel 7 PART 3—OTHER AMENDMENTS 21 Contents and form of notice of defence For Rule 8.03(2)(c) of the Principal Rules substitute— "(c) state the name and address of the defendant and an address for service in Victoria at which documents required to be served on the defendant may be left; and". 22 Notice of defence form amended In Form 8A of the Principal Rules, for "the address in" substitute "the address of the defendant not being a post office box". Dated: 25 June 2013 PETER LAURITSEN, Chief Magistrate ROBERT KUMAR, Deputy Chief Magistrate LANCE I. MARTIN, Deputy Chief Magistrate ═══════════════ r. 21 -- 9 of 10 -- Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013 S.R. No. 89/2013 Authorised by the Chief Parliamentary Counsel 8 ENDNOTES 1 Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011, 2/2012, 28/2012, 109/2012, 158/2012 and 35/2013. Endnotes -- 10 of 10 --