Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007

Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007 S.R. No. 103/2007 TABLE OF PROVISIONS Rule Page 1 Objects 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Dispensing with compliance 2 6 Substitution of definition of acceptable mediator 2 7 Insertion of new Rule 22A.10 3 22A.10 Costs 3 8 Amendment to Form 5A 3 9 Amendment of scales of costs 3 ═══════════════ ENDNOTES 5 i -- 1 of 6 -- STATUTORY RULES 2007 S.R. No. 103/2007 Magistrates' Court Act 1989 Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Objects The objects of these Rules are— (a) to empower the Court constituted by a registrar to dispense with any of the requirements of Rule 22.01 of the Magistrates' Court Civil Procedure Rules 1999; and (b) to make further provision as to mediation; and (c) to make a minor amendment to a form. 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 October 2007. 4 Principal Rules In these Rules, the Magistrates' Court Civil Procedure Rules 19991 are called the Principal Rules. 1 -- 2 of 6 -- S.R. No. 103/2007 Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007 r. 5 5 Dispensing with compliance After Rule 22.01(11) of the Principal Rules insert— "(12) The Court constituted by a registrar may dispense with compliance with any of the requirements of this Rule, either before or after the occasion for compliance arises. Note Also refer to Rule 2.04.". 6 Substitution of definition of acceptable mediator For the definition of acceptable mediator in Rule 22A.02 of the Principal Rules substitute— "acceptable mediator means a person whom a magistrate or a registrar decides is acceptable to mediate a complaint, including, but not restricted to, a person who is— (a) a registrar or deputy registrar; (b) a local legal practitioner (within the meaning of the Legal Profession Act 2004), who has been approved as a mediator by the Law Institute (within the meaning of that Act); (c) a local legal practitioner (within the meaning of the Legal Profession Act 2004), who has been approved as a mediator by the Victorian Bar (within the meaning of that Act); (d) a mediator accredited by The Institute of Arbitrators and Mediators Australia, ACN 008 520 045; 2 -- 3 of 6 -- S.R. No. 103/2007 Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007 r. 7 (e) if the amount of monetary relief sought in a complaint is less than $10 000, a mediator within the meaning of section 21K of the Evidence Act 1958, or a person working with or for the body known as the Dispute Settlement Centre of Victoria, established by Order of the Governor in Council of 7 June 1994 under section 21K of the Evidence Act 1958;". 7 Insertion of new Rule 22A.10 After Rule 22A.09 of the Principal Rules insert— "22A.10 Costs If a proceeding where the monetary relief sought is less than $10 000 is mediated, the costs of the parties of the mediation are in accordance with Appendix A, in addition to any other amount, whether under the Magistrates' Court (Arbitration) Regulations 2000 or otherwise.". 8 Amendment to Form 5A In Form 5A to the Principal Rules for "[full name]" substitute "[full name], [occupation]". 9 Amendment of scales of costs (1) For items 36, 37, 38 and 39 of Table 1 in Appendix A to the Principal Rules substitute— "36. 68 205 274 331 403 484 555 37. 121 233 332 411 506 607 709 38. 36 66 81 97 126 151 177 39. 36 66 81 97 126 151 177". 3 -- 4 of 6 -- S.R. No. 103/2007 Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007 r. 9 (2) For items 55 and 56 of Table 1 in Appendix A to the Principal Rules substitute— "55. 121 233 332 411 515 618 721 56. 36 66 81 97 129 153 180". Dated: 25 September 2007 IAN L. GRAY, Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate ═══════════════ 4 -- 5 of 6 -- S.R. No. 103/2007 Magistrates' Court Civil Procedure (Amendment No. 19) Rules 2007 Endnotes ENDNOTES 1 Rule 4: S.R. No. 58/1999. Reprint No. 3 incorporating amendments as at 1 March 2005. Subsequently amended by S.R. Nos 15/2005, 165/2005, 87/2006, 164/2006, 170/2006 and 178/2006. 5 -- 6 of 6 --