County Court (Costs Court Amendment) Rules 2009

i County Court (Costs Court Amendment) Rules 2009 S.R. No. 182/2009 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Definitions 1 6 Form and filing of summons 2 7 Definitions and application—Order 63A 2 8 Time for costs order and payment 3 9 Rule 63A.05 substituted 3 63A.05 By whom costs to be taxed 3 10 Officers of Court to assist each other 3 11 Default judgment 3 12 Costs in other court or tribunal 4 13 No order for taxation required 4 14 Rule 63A.11 substituted 4 63A.11 Enforcement of order of Costs Court 4 15 Rule 63A.21.1 to 63A.22.1 substituted 4 63A.21.1 Costs in proceedings before Registrar or Costs Court 4 63A.22 Costs reserved 5 63A.22.1 Evidence transcript costs 5 16 Indemnity basis 5 17 Costs and fees 5 18 Part 4 revoked 6 19 Application of Part 5 6 20 Rule 63A.38 substituted 6 63A.38 Application to the Costs Court for taxation 6 21 Revocation of redundant Rules 6 22 Discretionary costs 6 23 Revocation of Rules 63A.49 and 63A.50 6 24 New Rule 63A.51 7 63A.51 Reference to Judge 7 25 Notice to person interested in fund 7 26 Application by person liable to pay 7 27 Revocation of Rules 63A.55 to 63A.57 7 -- 1 of 13 -- Rule Page ii 28 Rule 63A.63 substituted 7 63A.63 Procedure on taxation 7 29 Appointment to tax 8 30 Reference for taxation 8 31 Revocation of redundant Rules 8 32 Rule 63A.72 substituted 8 63A.72 Increased allowance 8 33 Revocation of redundant Rules 9 34 Form 63AA revoked 9 ═══════════════ ENDNOTES 11 -- 2 of 13 -- 1 STATUTORY RULES 2009 S.R. No. 182/2009 County Court Act 1958 County Court (Costs Court Amendment) Rules 2009 A majority of the Judges of the County Court makes the following Rules: 1 Object The object of these Rules is to amend the Chapter I of the Rules of the County Court 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 provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3 Commencement These Rules come into operation on 31 December 2009. 4 Principal Rules In these Rules, the County Court Civil Procedure Rules 2008 1 are called the Principal Rules. 5 Definitions In Rule 1.13(2) of the Principal Rules— (a) in paragraph (b) for "judge." substitute "judge;"; -- 3 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 2 (b) after paragraph (b) insert— "(c) a reference to the Costs Court is a reference to— (i) the Costs Court constituted by a Costs Judge; and (ii) the exercise of a power of the Costs Court by a Costs Registrar within the meaning of the Supreme Court Act 1986 or a Deputy Costs Registrar.". 6 Form and filing of summons For Rule 46.04(2)(c) of the Principal Rules substitute— "(c) where application is made for costs to be taxed, with the Costs Court in accordance with the Rules of the Supreme Court.". 7 Definitions and application—Order 63A (1) In Rule 63A.01(1) of the Principal Rules— (a) in paragraph (b) of the definition of party for "in the Court" substitute "in the Costs Court"; (b) after the definition of party insert— "taxation or taxation of costs means the assessment, settling, taxation or review of costs;". (2) For Rule 63A.01(2)(a) of the Principal Rules substitute— "(a) 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;". r. 6 -- 4 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 3 (3) In Rule 63A.01(4) of the Principal Rules, for "Taxing Master of the Supreme Court" substitute "Costs Court". 8 Time for costs order and payment After Rule 63A.03(2) of the Principal Rules insert— "(2.1) Costs which a party is required to pay under an order of the Costs Court shall, unless the Costs Court otherwise orders, be paid forthwith.". 9 Rule 63A.05 substituted For Rule 63A.05 of the Principal Rules substitute— "63A.05 By whom costs to be taxed Unless the Court otherwise orders, costs taxed in accordance with this Order shall be taxed— (a) in the Costs Court by a Costs Judge; or (b) if a Costs Judge so directs, by a Costs Registrar, a Deputy Costs Registrar, the Prothonotary or a Deputy Prothonotary, as the case requires.". 10 Officers of Court to assist each other Rule 63A.06 of the Principal Rules is revoked. 11 Default judgment At the end of Rule 63A.08 of the Principal Rules insert— "(2) Where costs are fixed under paragraph (1), the party by whom or the party to whom the costs are payable may appeal to the Costs Court, in accordance with the Rules of the Supreme Court, in respect of the amount so r. 8 -- 5 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 4 fixed on the ground that the Registrar did not fix the proper amount.". 12 Costs in other court or tribunal For Rule 63A.09(b) of the Principal Rules substitute— "(b) order that the costs be taxed in the Costs Court; or". 13 No order for taxation required In Rule 63A.10 of the Principal Rules after "the costs may be taxed" insert "in the Costs Court". 14 Rule 63A.11 substituted For Rule 63A.11 of the Principal Rules substitute— "63A.11 Enforcement of order of Costs Court (1) If costs are taxed otherwise than under a judgment or order for costs, an order of the Costs Court for payment of any amount found to be due may be enforced in the same manner as a judgment for the payment of money. (2) Paragraph (1) applies to an interim order for payment of any item in a bill of costs.". 15 Rule 63A.21.1 to 63A.22.1 substituted For Rules 63A.21.1, 63A.22 and 63A.22.1 of the Principal Rules substitute— "63A.21.1 Costs in proceedings before Registrar or Costs Court Where in any proceeding before the Registrar or the Costs Court— (a) any party is guilty of neglect or delay; or r. 12 -- 6 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 5 (b) puts any other party to unnecessary or improper expense relative to the proceeding— the Registrar or the Costs Court may direct that party to pay any costs that the Registrar or the Costs Court, as the case requires, thinks proper. 63A.22 Costs reserved (1) Where by order of the Court the costs of any interlocutory or other application or of any step in a proceeding are reserved, and the Court does not thereafter direct by and to whom those costs are to be paid, then, unless the Court otherwise orders, the Costs Court may by order so direct. (2) Paragraph (1) shall not apply where after the order that costs be reserved is made the Court determines that no further order be made with respect to those costs. 63A.22.1 Evidence transcript costs If any evidence in a proceeding is recorded and transcribed, and the Court does not direct by and to whom the costs of the recording and transcribing are to be paid, then, unless the Court otherwise orders, the Costs Court may by order so direct.". 16 Indemnity basis In Rule 63A.30.1(2) of the Principal Rules for "Registrar" substitute "Costs Court". 17 Costs and fees In Rule 63A.34A(1) of the Principal Rules for "Registrar" substitute "Costs Court". r. 16 -- 7 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 6 18 Part 4 revoked Part 4 of Order 63A of the Principal Rules is revoked. 19 Application of Part 5 (1) In Rule 63A.37(1)(b) of the Principal Rules, after "taxed in the Court" insert "or the Costs Court". (2) In Rule 63A.37(2) of the Principal Rules, for "his" substitute "the solicitor's". 20 Rule 63A.38 substituted For Rule 63A.38 of the Principal Rules substitute— "63A.38 Application to the Costs Court for taxation An application to the Costs Court for costs to be taxed shall be made in accordance with the Supreme Court Rules.". 21 Revocation of redundant Rules Rules 63A.39 to 63A.47 of the Principal Rules are revoked. 22 Discretionary costs In Rule 63A.48 of the Principal Rules after "Registrar" (wherever occurring) insert "or the Costs Court". 23 Revocation of Rules 63A.49 and 63A.50 Rules 63A.49 and 63A.50 of the Principal Rules are revoked. r. 18 -- 8 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 7 24 New Rule 63A.51 For Rule 63A.51 of the Principal Rules substitute— "63A.51 Reference to Judge In the exercise of its jurisdiction, the Costs Court may refer to a Judge for directions any question arising on a taxation.". 25 Notice to person interested in fund In Rule 63A.52 of the Principal Rules for "Registrar" (wherever occurring) substitute "Costs Court". 26 Application by person liable to pay (1) In Rule 63A.53(1) of the Principal Rules for "him" substitute "that party". (2) For Rule 63A.53(1)(a) of the Principal Rules substitute— "(a) may order the party entitled to file and serve a summons in the Costs Court under the Supreme Court Rules; and". 27 Revocation of Rules 63A.55 to 63A.57 Rules 63A.55 to 63A.57 of the Principal Rules are revoked. 28 Rule 63A.63 substituted For Rule 63A.63 of the Principal Rules substitute— "63A.63 Procedure on taxation Subject to these Rules and to any Act or order of the Court, costs under this Part shall be taxed as provided by the Supreme Court Rules.". r. 24 -- 9 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 8 29 Appointment to tax (1) In Rule 63A.64(1) of the Principal Rules for "Registrar" substitute "Costs Court". (2) For Rule 63A.64(2) of the Principal Rules substitute— "(2) Application to the Costs Court to tax the bill shall be made by summons in accordance with the Supreme Court Rules.". 30 Reference for taxation (1) In Rule 63A.65(1) of the Principal Rules for "Registrar" substitute "Costs Court". (2) For Rule 63A.65(2) of the Principal Rules substitute— "(2) The taxation shall be brought before the Costs Court on application by summons in accordance with the Supreme Court Rules.". (3) Rule 63A.65(3) of the Principal Rules is revoked. 31 Revocation of redundant Rules (1) Rules 63A.66 and 63A.67 of the Principal Rules are revoked. (2) Rules 63A.68 to 63A.71 of the Principal Rules are revoked. 32 Rule 63A.72 substituted For Rule 63A.72 of the Principal Rules substitute— "63A.72 Increased allowance The Registrar or the Costs Court may increase the amount of value of any allowance or expense in Appendix A as the Registrar or the Costs Court thinks fit.". r. 29 -- 10 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 9 33 Revocation of redundant Rules (1) Rules 63A.73 to 63A.81 of the Principal Rules are revoked. (2) Rules 63A.83 to 63A.85 of the Principal Rules are revoked. 34 Form 63AA revoked Form 63AA of the Principal Rules is revoked. Dated: 17 December 2009 M. ROZENES, Chief Judge S. S. DAVIS M. G. McINERNEY F. P. HAMPEL M. A. RIZKALLA J. G. MORRISH F. J. SHELTON J. P. LECKIE T. M. HOLT D. A. PARSONS T. D. WOOD S. E. PULLEN P. D. JENKINS A. J. HOWARD J. R. BOWMAN L. A. HANNAN R. A. LEWITAN M. D. MURPHY G. G. HICKS M. E. KENNEDY J. A. SMALLWOOD C. M. O'NEILL S. M. COHEN D. L. ALLEN M. E. SEXTON K. L. BOURKE F. E. HOGAN P. M. E. WISCHUSEN I. E. LAWSON P. G. LACAVA G. GULLACI F. R. GUCCIARDO K. R. HOWIE C. A. THORNTON W. A. WILMOTH P. M. TAFT G. T. CHETTLE F. SACCARDO F. MILLANE M. A. GAMBLE r. 33 -- 11 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 10 H. MASON K. E. KINGS G. P. MULLALY J. D. MONTGOMERY T. J. GINNANE J. L. PARRISH ═══════════════ r. 34 -- 12 of 13 -- S.R. No. 182/2009 County Court (Costs Court Amendment) Rules 2009 11 ENDNOTES 1 Rule 4: S.R. No. 148/2008. Endnotes -- 13 of 13 --