Magistrates' Court (Arbitration) (Professional Costs) Regulations 2004
Victorian Legislation and Parliamentary Documents
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Magistrates' Court (Arbitration) (Professional
Costs) Regulations 2004
S.R. No. 163/2004
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provisions 1
3. Commencement 1
4. Substitution of Schedule 3 2
SCHEDULE 3—Costs in respect of an Arbitration 2
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ENDNOTES 4
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Victorian Legislation and Parliamentary Documents
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STATUTORY RULES 2004
S.R. No. 163/2004
Magistrates' Court Act 1989
Magistrates' Court (Arbitration) (Professional
Costs) Regulations 2004
The Governor in Council makes the following Regulations:
Dated: 14 December 2004
Responsible Minister:
ROB HULLS
Attorney-General
DIANE CASEY
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to increase
and revise the allowances for costs which may be
awarded to a party in respect of an arbitration
under Division 2 of Part 5 of the Magistrates'
Court Act 1989.
2. Authorising provisions
These Regulations are made under sections 105(2)
and 140 of the Magistrates' Court Act 1989.
3. Commencement
These Regulations come into operation on
1 January 2005.
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S.R. No. 163/2004
Magistrates' Court (Arbitration) (Professional Costs)
Regulations 2004
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4. Substitution of Schedule 3
For Schedule 3 to the Magistrates' Court
(Arbitration) Regulations 20001 substitute—
"SCHEDULE 3
Regulation 6
Costs in respect of an Arbitration
1. 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
$1065 for each
2 hour session
(b) where the amount
awarded exceeds $3000
but is less than $5000
Not more than
$1148 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
$1065 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
$1148 for each
2 hour session
(e) where the amount
awarded is $5000 or
more but is less than
$10 000
Not more than
$1231 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
$1231 for each
2 hour session
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Victorian Legislation and Parliamentary Documents
S.R. No. 163/2004
Magistrates' Court (Arbitration) (Professional Costs)
Regulations 2004
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(g) if a complaint has been
the subject of a pre-
hearing conference
under section 107 of the
Magistrates' Court Act
1989, the following
additional amounts are
payable
(i) $200, if
paragraph (a)
or (c) applies;
or
(ii) $250, if
paragraph (b)
or (d) applies;
or
(iii) $300, if
paragraph (e)
or (f) applies.
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 19992.
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.".
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Victorian Legislation and Parliamentary Documents
S.R. No. 163/2004
Magistrates' Court (Arbitration) (Professional Costs)
Regulations 2004
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ENDNOTES
1 Reg. 4: S.R. No. 51/2000. Reprint No. 1 incorporating amendments as at
1 July 2003.
2 Reg. 4 (substituted Sch. 3): S.R. No. 58/1999. Reprint No. 2 incorporating
amendments as at 13 March 2003. Subsequently amended by
S.R. No. 144/2003.
Endnotes
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