Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010

i Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 S.R. No. 25/2010 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provision 1 3 Commencement 1 4 Principal Rules 1 5 Amendment of Rule 9.09 2 6 Amendment of Rule 22A.02 2 7 Rule 22A.06 substituted 2 22A.06 Adjournment of a mediation 2 8 Rule 22A.10 revoked 2 9 Costs in accordance with Appendix A 2 10 Taxation of costs 3 11 Definitions 3 12 Bases of taxation 3 13 Party and party basis 3 14 Solicitor and client basis 4 15 Indemnity basis 4 16 General basis 4 17 Rule 26A.08 substituted 4 26A.08 By whom costs to be taxed 4 18 Rule 26A.09 revoked 4 19 Rule 26A.10 substituted 5 26A.10 Application for taxation 5 26A.10.1 Procedure on taxation 5 20 Rules 26A.11 to 26A.19 revoked 5 21 Discretionary costs 5 22 Rules 26A.21 and 26A.22 revoked 5 23 Costs in proceedings before Costs Court 5 24 Costs reserved 5 25 Reference to magistrate 6 26 Application by person liable to pay 6 27 Solicitor at fault 6 28 Rules 26A.28 to 26A.32 revoked 6 -- 1 of 10 -- Rule Page ii 29 Increased allowance 6 30 Rules 26A.34 to 26A.41 revoked 7 ═══════════════ ENDNOTES 8 -- 2 of 10 -- 1 STATUTORY RULES 2010 S.R. No. 25/2010 Magistrates' Court Act 1989 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 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 Civil Procedure Rules 2009— (a) to remove certain limitations on mediations of complaints; and (b) to make further provision for the adjournment of mediations; and (c) as a consequence of the establishment of the Costs Court in the Supreme Court by the Courts Legislation Amendment (Costs Court and Other Matters) Act 2008. 2 Authorising provision 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 10 May 2010. 4 Principal Rules In these Rules the Magistrates' Court Civil Procedure Rules 2009 1 are called the Principal Rules. -- 3 of 10 -- S.R. No. 25/2010 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 2 5 Amendment of Rule 9.09 In Rule 9.09(2) of the Principal Rules, for "two days" substitute "14 days". 6 Amendment of Rule 22A.02 In paragraph (e) of the definition of acceptable mediator in Rule 22A.02 of the Principal Rules, omit "if the amount of monetary relief sought in a complaint is less than $10 000,". 7 Rule 22A.06 substituted For Rule 22A.06 of the Principal Rules substitute— "22A.06 Adjournment of a mediation (1) On or before the day fixed for mediation, the mediator may, with the consent of the parties, adjourn a mediation to another date. (2) In the case of a mediation of a complaint by a person described in paragraph (e) of the definition of acceptable mediator in Rule 22A.02, the mediation may be adjourned to another date without the consent of the parties by— (a) the person appointed as an acceptable mediator; or (b) the Mediation Coordinator appointed by the Dispute Settlement Centre of Victoria.". 8 Rule 22A.10 revoked Rule 22A.10 of the Principal Rules is revoked. 9 Costs in accordance with Appendix A In Rule 26.02(2) and (3) of the Principal Rules, after "the Court" (wherever occurring) insert "or the registrar". r. 5 -- 4 of 10 -- S.R. No. 25/2010 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 3 10 Taxation of costs In the heading to Order 26A of the Principal Rules for "ASSESSMENT" substitute "TAXATION". 11 Definitions (1) In Rule 26A.02 of the Principal Rules— (a) the definitions of assessed costs and registrar are revoked; (b) insert the following definitions— "taxation or taxation of costs means the assessment, settling, taxation or review of costs; taxed costs means costs taxed in accordance with this Order.". (2) At the end of Rule 26A.02 of the Principal Rules insert— "(2) In this Order, references to the Costs Court, a Costs Judge or an Associate Judge who is a Costs Judge include references to another officer of the Supreme Court conducting a taxation of costs under this Order or the Supreme Court Rules.". 12 Bases of taxation (1) In the heading to Rule 26A.03 of the Principal Rules, for "assessment" substitute "taxation". (2) In Rule 26A.03 of the Principal Rules, for "assessed" (where twice occurring) substitute "taxed". 13 Party and party basis In Rule 26A.04 of the Principal Rules— (a) for "assessment" substitute "taxation"; (b) for "assessed" substitute "taxed". r. 10 -- 5 of 10 -- S.R. No. 25/2010 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 4 14 Solicitor and client basis In Rule 26A.05 of the Principal Rules, for "an assessment" substitute "a taxation". 15 Indemnity basis (1) In Rule 26A.06(1) of the Principal Rules, for "an assessment" substitute "a taxation". (2) In Rule 26A.06(2) of the Principal Rules, for "registrar" substitute "Costs Court". 16 General basis In Rule 26A.07 of the Principal Rules, for "assessed" substitute "taxed". 17 Rule 26A.08 substituted For Rule 26A.08 of the Principal Rules substitute— "26A.08 By whom costs to be taxed Unless the Court otherwise orders, costs taxed in accordance with this Order must be taxed— (a) in the Costs Court by a Costs Judge; or (b) if a Costs Judge so directs, by a Costs Registrar, Deputy Costs Registrar, the Prothonotary or a Deputy Prothonotary, as the case requires.". 18 Rule 26A.09 revoked Rule 26A.09 of the Principal Rules is revoked. r. 14 -- 6 of 10 -- S.R. No. 25/2010 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 5 19 Rule 26A.10 substituted For Rule 26A.10 of the Principal Rules substitute— "26A.10 Application for taxation An application to the Costs Court for costs to be taxed must be made in accordance with the Supreme Court Rules. 26A.10.1 Procedure on taxation Subject to these Rules and to any Act or order of the Court, costs under this Order must be taxed as provided by the Supreme Court Rules.". 20 Rules 26A.11 to 26A.19 revoked Rules 26A.11, 26A.12, 26A.13, 26A.14, 26A.15, 26A.16, 26A.17, 26A.18 and 26A.19 of the Principal Rules are revoked. 21 Discretionary costs In Rule 26A.20 of the Principal Rules, for "registrar" (where twice occurring) substitute "Costs Court". 22 Rules 26A.21 and 26A.22 revoked Rules 26A.21 and 26A.22 of the Principal Rules are revoked. 23 Costs in proceedings before Costs Court (1) In the heading to Rule 26A.23 of the Principal Rules, for "registrar" substitute "Costs Court". (2) In Rule 26A.23 of the Principal Rules, for "registrar" (wherever occurring) substitute "Costs Court". 24 Costs reserved In Rule 26A.24(1) of the Principal Rules, for "registrar" substitute "Costs Court". r. 19 -- 7 of 10 -- S.R. No. 25/2010 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 6 25 Reference to magistrate In Rule 26A.25 of the Principal Rules— (a) for "The registrar" substitute "In the exercise of its jurisdiction, the Costs Court"; (b) for "an assessment" substitute "a taxation". 26 Application by person liable to pay In Rule 26A.26(1) of the Principal Rules— (a) for "assessed" (where twice occurring) substitute "taxed"; (b) for "the registrar may order the party entitled to file and serve an application under Rule 26A.10 and may fix a time for compliance." substitute— "a registrar— (a) may order the party entitled to file and serve a summons in the Costs Court under the Supreme Court Rules; and (b) may fix a time for compliance.". 27 Solicitor at fault Rules 26A.27(3), (4), (5), (6), (7), (8) and (9) of the Principal Rules are revoked. 28 Rules 26A.28 to 26A.32 revoked Rules 26A.28, 26A.29, 26A.30, 26A.31 and 26A.32 of the Principal Rules are revoked. 29 Increased allowance In Rule 26A.33 of the Principal Rules— (a) for "registrar" substitute "Costs Court"; (b) for "he or she" substitute "the Costs Court". r. 25 -- 8 of 10 -- S.R. No. 25/2010 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 7 30 Rules 26A.34 to 26A.41 revoked Rules 26A.34, 26A.35, 26A.36, 26A.37, 26A.38, 26A.39, 26A.40 and 26A.41 of the Principal Rules are revoked. Dated: 6 May 2010 IAN L. GRAY, Chief Magistrate PETER LAURITSEN, Deputy Chief Magistrate LANCE IVAN MARTIN, Deputy Chief Magistrate ═══════════════ r. 30 -- 9 of 10 -- S.R. No. 25/2010 Magistrates' Court Civil Procedure (Amendment No. 1) Rules 2010 8 ENDNOTES 1 Rule 4: S.R. No. 49/2009 as amended by S.R. No. 153/2009. Endnotes -- 10 of 10 --