Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001

i Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001 S.R. No. 80/2001 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Address of plaintiff 1 6. Substitution of Rule 17.05 2 17.05 Expenses of witnesses 2 7. Amendments to Appendix A—costs for registration of interstate judgment and witnesses' expenses 3 8. Statute law revision 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2001 S.R. No. 80/2001 Magistrates' Court Act 1989 Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1. Object The object of these Rules is to make miscellaneous amendments to the Principal Rules. 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 September 2001. 4. Principal Rules In these Rules, the Magistrates' Court Civil Procedure Rules 19991 are called the Principal Rules. 5. Address of plaintiff For Rule 4.02(a) of the Principal Rules substitute— "(a) state the full name and address of the plaintiff and an address for service of notices and documents on the plaintiff; and -- 2 of 6 -- S.R. No. 80/2001 Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001 2 (ab) if the plaintiff sues in person, state an address for service of notices and documents on the plaintiff within Victoria; and (ac) if the plaintiff sues or the defendant is sued in a representative capacity, state the capacity in which the plaintiff sues or the defendant is sued in a representative capacity; and". 6. Substitution of Rule 17.05 For Rule 17.05 of the Principal Rules substitute— "17.05 Expenses of witnesses (1) A party must pay to— (a) a person not a party who attends before the Court, whether in compliance with a witness summons or not, and whom the party calls as a witness; or (b) a person not a party who attends before the Court, in compliance with a witness summons served by the party, and is not called as a witness by any party— the fees and expenses of and income lost by that person. (2) The Court may order that a party pay to a person referred to in sub-rule (1) the fees, expenses and income lost to which, by virtue of that sub-rule, the person is entitled. (3) Where an order is made under sub-rule (2), the Court must fix the amount of the fees, expenses and income lost. (4) If a person not a party who attends before the Court whether in compliance with a witness summons or not, before being sworn, requests the Court to fix an amount to be r. 6 -- 3 of 6 -- S.R. No. 80/2001 Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001 3 paid to him or her as a witness, the Court must do so. (5) Unless the Court otherwise orders, no witness must be compelled to give evidence until the amount fixed by the Court under sub-rule (4) has been paid.". 7. Amendments to Appendix A—costs for registration of interstate judgment and witnesses' expenses In Appendix A to the Principal Rules— (a) after item 28A insert— "28B. Registration of interstate judgment."; (b) in Table 1, after item 28A insert— "28B. 43 43 43 65 65 65"; (c) for item 30 substitute— "30. Witnesses' Expenses Witnesses giving evidence in an expert or professional capacity, up to $200.00 per hour or part thereof, but not to exceed $1400.00 per day. Other witnesses—up to $50.00 per hour or part thereof, but not to exceed $250.00 per day. ". 8. Statute law revision In Rule 19A.03 of the Principal Rules, for the definition of "dentist" substitute— ' "dentist" means— (a) a registered dentist within the meaning of the Dental Practice Act 1999 or a person qualified to be registered in the dentists' division of the register kept under Part 2 of that Act; r. 7 -- 4 of 6 -- S.R. No. 80/2001 Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001 4 (b) a person registered or qualified to be registered as a dentist under an enactment of a State or a Territory of the Commonwealth which corresponds to the Dental Practice Act 1999; (c) a person entitled to practise dentistry in a place outside Australia under an enactment of that place corresponding to the Dental Practice Act 1999, whether or not the person does so practise;'. Dated: 17 August 2001 IAN LESLIE GRAY, Chief Magistrate DANIEL JOHN MULING, Deputy Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate ═══════════════ r. 8 -- 5 of 6 -- S.R. No. 80/2001 Magistrates' Court Civil Procedure (Amendment No. 7) Rules 2001 5 ENDNOTES 1 Rule 4: S.R. No. 58/1999. Reprinted (No. 1) as at 1 July 2000 to S.R. No. 46/2000. Subsequently amended by S.R. Nos 89/2000 and 133/2000. Endnotes -- 6 of 6 --