Magistrates' Court (Arbitration) Regulations 2010

i Magistrates' Court (Arbitration) Regulations 2010 S.R. No. 43/2010 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Revocations 2 5 Exemption from arbitration 2 6 Costs 2 __________________ SCHEDULE 3 SCHEDULE 1—Revoked Regulations 3 SCHEDULE 2—Classes of Complaint Exempt from Arbitration 4 SCHEDULE 3—Costs in Respect of an Arbitration 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2010 S.R. No. 43/2010 Magistrates' Court Act 1989 Magistrates' Court (Arbitration) Regulations 2010 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 23 June 2010 Responsible Minister: ROB HULLS Attorney-General TOBY HALLIGAN Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to prescribe those classes of complaint that are exempt from arbitration under Division 2 of Part 5 of the Magistrates' Court Act 1989; and (b) to prescribe professional costs, fees and disbursements which may be awarded in respect of an arbitration under that Division. 2 Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3 Commencement These Regulations come into operation on 26 June 2010. -- 2 of 8 -- S.R. No. 43/2010 Magistrates' Court (Arbitration) Regulations 2010 2 4 Revocations The Regulations in Schedule 1 are revoked. 5 Exemption from arbitration For the purposes of section 102(2)(a) of the Magistrates' Court Act 1989 the classes of complaint set out in Schedule 2 are exempt from arbitration. 6 Costs For the purposes of section 105(2) of the Magistrates' Court Act 1989 the Court may award costs to a party in accordance with Schedule 3. __________________ r. 4 -- 3 of 8 -- S.R. No. 43/2010 Magistrates' Court (Arbitration) Regulations 2010 3 SCHEDULE SCHEDULE 1 Regulation 4 REVOKED REGULATIONS S.R. No. Title 51/2000 Magistrates' Court (Arbitration) Regulations 2000 134/2000 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2000 131/2001 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2001 61/2003 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2003 163/2004 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2004 30/2006 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2006 35/2009 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2009 __________________ Sch. 1 -- 4 of 8 -- S.R. No. 43/2010 Magistrates' Court (Arbitration) Regulations 2010 4 SCHEDULE 2 Regulation 5 CLASSES OF COMPLAINT EXEMPT FROM ARBITRATION 1 A complaint by a municipal council or a person authorised by a municipal council for the recovery of any rates. 2 A complaint of any Authority under the Water Act 1989 to enforce payment of any rates, charges or sums due to the Authority. __________________ Sch. 2 -- 5 of 8 -- S.R. No. 43/2010 Magistrates' Court (Arbitration) Regulations 2010 5 SCHEDULE 3 Regulation 6 COSTS IN RESPECT OF AN ARBITRATION 1 Costs For all professional costs including solicitors' costs and fees to counsel— (a) where the amount awarded is $500 or more but does not exceed $3000 Not more than $1243 for each 2 hour session (b) where the amount awarded exceeds $3000 but is less than $5000 Not more than $1340 for each 2 hour session (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 $1243 for each 2 hour session (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 $1340 for each 2 hour session (e) where the amount awarded is $5000 or more but is less than $10 000 Not more than $1437 for each 2 hour session (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 $1437 for each 2 hour session (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) $234, if paragraph (a) or (c) applies; or (ii) $291, if paragraph (b) or (d) applies; or (iii) $350, if paragraph (e) or (f) applies. Sch. 3 -- 6 of 8 -- S.R. No. 43/2010 Magistrates' Court (Arbitration) Regulations 2010 6 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 2009 1 . 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. ═══════════════ Sch. 3 -- 7 of 8 -- S.R. No. 43/2010 Magistrates' Court (Arbitration) Regulations 2010 7 ENDNOTES 1 Sch. 3: S.R. No. 49/2009 as amended by S.R. Nos. 153/2009 and 25/2010. Endnotes -- 8 of 8 --