Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 S.R. No. 109/2012 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Costs to be specified 1 5 Statute law revision 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 109/2012 Magistrates' Court Act 1989 Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 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 General Civil Procedure Rules 2010 to make further provision for certification costs and to make other miscellaneous amendments. 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 8 October 2012. 4 Costs to be specified For Rule 5.09(2) of the Magistrates' Court General Civil Procedure Rules 20101 substitute— "(2) The amount of costs in the indorsement must be— (a) in the case of a claim for debt, liquidated demand or claim arising from a motor vehicle collision for cost -- 2 of 5 -- S.R. No. 109/2012 Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 of repairs only or for total loss of vehicle only— (i) the amount of scale costs in item 1 in Appendix A applicable to the amount claimed; and (ii) if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and (iii) the fees (if any) for the filing and service of the complaint; or (b) in any other case— (i) the amount of scale costs in item 3 in Table 1 to Appendix A applicable to the amount claimed; and (ii) if any certificate is filed or required to be filed under the Civil Procedure Act 2010, the amount of scale costs in item 19 in Table 1 to Appendix A applicable to the amount claimed; and (iii) the fees (if any) for the filing and service of the complaint.". 5 Statute law revision In the heading to Rule 42.12 of the Magistrates' Court General Civil Procedure Rules 2010 for "subpeona" substitute "subpoena". r. 5 -- 3 of 5 -- S.R. No. 109/2012 Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 Dated: 1 October 2012 IAN L. GRAY, Chief Magistrate LANCE I. MARTIN, Deputy Chief Magistrate FELICITY A. BROUGHTON, Deputy Chief Magistrate ══════════════ r. 5 -- 4 of 5 -- S.R. No. 109/2012 Magistrates' Court General Civil Procedure (Amendment No. 5) Rules 2012 Authorised by the Chief Parliamentary Counsel 4 ENDNOTES 1 Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011, 2/2012 and 28/2012. Endnotes -- 5 of 5 --