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Magistrates' Court (Arbitration) (Professional Costs) Regulations 2003

Legislation · Victoria · 2020
i Magistrates' Court (Arbitration) (Professional Costs) Regulations 2003 S.R. No. 61/2003 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revised and increased scale of professional costs 2 ═══════════════ ENDNOTES 3 -- 1 of 4 -- 1 STATUTORY RULES 2003 S.R. No. 61/2003 Magistrates' Court Act 1989 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 17 June 2003 Responsible Minister: ROB HULLS Attorney-General BRIAN TUKE Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to revise and increase 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 July 2003. -- 2 of 4 -- S.R. No. 61/2003 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2003 2 4. Revised and increased scale of professional costs For Schedule 3 to the Magistrates' Court (Arbitration) Regulations 20001 substitute— "SCHEDULE 3 COSTS IN RESPECT OF AN ARBITRATION Regulation 6 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 $1005 for each 2 hour session (b) where the amount awarded exceeds $3000 but is less than $5000 Not more than $1083 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 $1005 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 $1083 for each 2 hour session 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.". ═══════════════ r. 4 -- 3 of 4 -- S.R. No. 61/2003 Magistrates' Court (Arbitration) (Professional Costs) Regulations 2003 3 ENDNOTES 1 Reg. 4: S.R. No. 51/2000 as amended by S.R. Nos 134/2000 and 131/2001. 2 Reg. 4: S.R. No. 58/1999. Reprinted incorporating amendments as at 13 March 2003. Endnotes -- 4 of 4 --