Magistrates' Court Civil Procedure (Amendment No. 10) Rules 2003
Victorian Legislation and Parliamentary Documents
i
Magistrates' Court Civil Procedure (Amendment
No. 10) Rules 2003
S.R. No. 144/2003
TABLE OF PROVISIONS
Rule Page
1. Object 1
2. Authorising provisions 1
3. Commencement 1
4. Amendments to Appendix A 2
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ENDNOTES 7
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STATUTORY RULES 2003
S.R. No. 144/2003
Magistrates' Court Act 1989
Magistrates' Court Civil Procedure (Amendment
No. 10) Rules 2003
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 1999 by
increasing certain items in Appendix A relating to
costs of solicitors, fees of counsel and allowances
relating to the service of documents.
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 January
2004.
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S.R. No. 144/2003
Magistrates' Court Civil Procedure (Amendment No. 10) Rules
2003
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4. Amendments to Appendix A
In Appendix A to the Magistrates' Court Civil
Procedure Rules 19991—
(a) for item 1 substitute—
"1. Claim for debt, liquidated
demand or claim arising from a
motor vehicle collision for costs
of repairs only or for total loss
of vehicle only including all
professional costs where the
amount claimed is—
(a) Less than $500 139.00
(b) $500 to less than $5000 290.00
(c) $5000 to less than $7500 357.00
(d) $7500 to less than
$20 000
427.00
(e) $20 000 up to and
including $40 000
533.00
(f) Over $40 000 641.00";
(b) for Table 1 substitute—
"TABLE 1
Costs for items 2 to 28B
Item
A
Less
than
$500
B
$500
to less
than
$5000
C
$5000
to less
than
$7500
D
$7500
to less
than
$20 000
E
$20 000
up to and
including
$40 000
F
Over
$40 000
2. 139 290 357 427 533 641
3. (a) 65 138 170 203 253 305
(b) 74 151 187 223 278 335
(c) 34 34 34 34 34 34
4. 47 47 47 72 89 106
5. 48 109 132 160 197 235
6. 43 92 110 132 165 198
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Magistrates' Court Civil Procedure (Amendment No. 10) Rules
2003
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Item
A
Less
than
$500
B
$500
to less
than
$5000
C
$5000
to less
than
$7500
D
$7500
to less
than
$20 000
E
$20 000
up to and
including
$40 000
F
Over
$40 000
7. (a) 33 52 65 76 96 113
(b) 39 73 87 108 135 162
(c) 76 164 198 237 298 355
(d) 33 48 65 76 96 113
8. (a) 64 129 157 187 234 279
(b) 83 178 225 269 335 401
9. 33 56 66 77 97 114
10. (a) 83 83 83 114 143 173
(b) 83 83 83 114 143 173
11. 72 72 72 105 132 160
12. (a) 15 26 37 37 48 59
(b) 15 15 15 26 30 35
(c) (i) 46 46 46 72 88 106
(ii) 11 11 11 34 43 53
(d) 64 113 157 187 234 279
13. (a) 45 60 66 74 91 109
(b) 29 29 29 29 29 29
14. 64 129 157 187 234 279
15. 26 26 26 26 26 26
16. 252 824 1017 1222 1527 1833
17. (a) 62 186 249 301 374 449
(b) 110 212 302 374 469 563
18. (a) 232 467 701 841 1054 1261
(b) 49 92 110 135 167 200
(c) 66 145 180 217 272 326
(d) 78 78 78 78 78 78
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Magistrates' Court Civil Procedure (Amendment No. 10) Rules
2003
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Item
A
Less
than
$500
B
$500
to less
than
$5000
C
$5000
to less
than
$7500
D
$7500
to less
than
$20 000
E
$20 000
up to and
including
$40 000
F
Over
$40 000
19. (a) 105 180 224 269 335 401
(b) 33 60 74 88 109 132
20. 33 66 82 104 131 158
21. (a) 39 68 95 110 141 169
(b) 258 578 778 934 1165 1399
(c) 172 386 517 621 778 930
(d) 39 73 95 110 141 169
22. 2.9 7.3 7.3 7.3 9.0 11
23. (a) 1.7 1.7 1.7 1.7 1.7 1.7
(b) 1.7 1.7 1.7 1.7 1.7 1.7
24. (a) 1.7 1.7 1.7 1.7 1.7 1.7
(b) 0.90 0.90 0.90 0.90 0.90 0.90
25. (a) 26 26 26 26 26 26
(b) 18 18 18 18 18 18
(c) 10.1 10.1 10.1 10.1 10.1 10.1
26. (a) 18 18 18 18 18 18
(b) 32 32 32 32 32 32
(c) 14 14 14 14 14 14
27. (a) 36 73 87 109 137 165
(b) 38 88 106 119 149 180
28. 105 214 269 321 401 480
28A. (a) 189 303 325 408 510 610
(b) 33 56 66 77 97 114
(c) 33 56 66 77 97 114
28B. 47 47 47 72 72 72";
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Magistrates' Court Civil Procedure (Amendment No. 10) Rules
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(c) for item 29 substitute—
'29 Service
In this item "Court documents" includes complaint,
summons, application or other document used in a
Court proceeding
(1) (a) For service of Court documents—
(i) For service on each person to be served 45
(ii) For service on each person to be served
where service is effected by post or by
leaving at a document exchange 2.90
(iii) For every necessary visit made in
attempting service and for each report on
non-service where the time, date and
number of visits attempting service are
shown by affidavit 32
(iv) In addition to the abovementioned fees an
allowance at the rate of 55 cents for each
1 kilometre in respect of any distance
measured both ways from the nearest court
house or other building where the Court is
held, or the residence of the person who
served the Court document, whichever is
the closer to the place of service or
attempted service of the Court document.
(b) A Registrar, upon application made before
service of any Court document, may fix and
endorse on the document an amount
representing an allowance calculated at 55 cents
for each kilometre of the distance both ways by
the shortest practicable route, from the nearest
court house or other building where the Court is
held, or the residence of the process server,
whichever is the closer to the place of service
and the Court in assessing costs on the hearing
shall have regard to the amount so fixed and
endorsed.
(2) (a) For service of two or more Court documents in
the same proceeding on two or more persons
who were or could have been served at the same
time and place, only one service fee shall be
allowed.
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(b) For service of a Court document in the same
proceeding on two or more persons who were or
could have been served at the same time and
place, only one service fee shall be allowed.
(3) No costs shall be allowed for service of any Court
document where service has been effected by an
employee of the plaintiff or defendant, unless the
Court is satisfied by evidence on oath or affidavit
that the employee is exclusively engaged on the
service of legal process for the employer.
(4) (a) Order for substituted service including all
professional costs 162
(b) If advertisement in lieu of service is ordered, the
necessary and reasonable costs of advertisement
in addition.'.
Dated: 1 December 2003
IAN L. GRAY,
Chief Magistrate
JELENA POPOVIC,
Deputy Chief Magistrate
PETER LAURITSEN,
Deputy Chief Magistrate
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2003
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ENDNOTES
1 Rule 4: S.R. No. 58/1999. Reprint (No. 2) incorporating amendments as at
13 March 2003.
Endnotes
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