Magistrates' Court (Arbitration) Regulations 2000
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Magistrates' Court (Arbitration) Regulations 2000
S.R. No. 51/2000
TABLE OF PROVISIONS
Regulation Page
1. Objectives 1
2. Authorising provision 1
3. Commencement 1
4. Revocation 1
5. Exemption from arbitration 2
6. Costs 2
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SCHEDULES 3
SCHEDULE 1—Revoked Regulations 3
SCHEDULE 2—Classes of complaint exempt from arbitration 4
SCHEDULE 3—Costs in respect of an arbitration 5
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1
STATUTORY RULES 2000
S.R. No. 51/2000
Magistrates' Court Act 1989
Magistrates' Court (Arbitration) Regulations 2000
The Governor in Council makes the following Regulations:
Dated: 27 June 2000
Responsible Minister:
ROB HULLS
Attorney-General
HELEN DOYE
Clerk of the Executive Council
1. Objectives
The objectives of these Regulations are—
(a) to prescribe those classes of complaint that
are exempt from arbitration under Division 2
of Part 5 of the Magistrates' Court Act
1989; and
(b) to prescribe professional costs, fees and
disbursements which may be awarded in
respect of an arbitration under that Division.
2. Authorising provision
These Regulations are made under section 140 of
the Magistrates' Court Act 1989.
3. Commencement
These Regulations come into operation on 1 July
2000.
4. Revocation
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Magistrates' Court (Arbitration) Regulations 2000
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The Regulations in Schedule 1 are revoked.
5. Exemption from arbitration
For the purposes of section 102(2)(a) of the
Magistrates' Court Act 1989 the classes of
complaint set out in Schedule 2 are exempt from
arbitration.
6. Costs
For the purposes of section 105(2) of the
Magistrates' Court Act 1989 the Court may
award costs to a party in accordance with
Schedule 3.
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SCHEDULES
SCHEDULE 1
REVOKED REGULATIONS
Regulation 4
S.R. No. Title
160/1991 Magistrates' Court (Arbitration) (Professional Costs)
Regulations 1991
4/1993 Magistrates' Court (Arbitration) (Professional Costs)
Regulations 1993
113/1993 Magistrates' Court (Arbitration) (Professional Costs
Amendment) Regulations 1993
199/1994 Magistrates' Court (Arbitration) (Professional Costs)
Regulations 1994
152/1995 Magistrates' Court (Arbitration) (Professional Costs)
Regulations 1995
146/1996 Magistrates' Court (Arbitration) (Professional Costs)
Regulations 1996
163/1998 Magistrates' Court (Arbitration) (Professional Costs)
Regulations 1998
136/1999 Magistrates' Court (Arbitration) (Amendment)
Regulations 1999
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Sch. 1
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SCHEDULE 2
CLASSES OF COMPLAINT EXEMPT FROM ARBITRATION
Regulation 5
1. A complaint by a municipal council or a person authorised by a
municipal council for the recovery of any rates.
2. A complaint of any Authority under the Water Act 1989 to enforce
payment of any rates charges or sums due to the Authority.
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Sch. 2
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SCHEDULE 3
COSTS IN RESPECT OF AN ARBITRATION
Regulation 6
1. For all professional costs including solicitors' costs and fees to counsel
where the amount awarded—
(a) is $500 or more but does
not exceed $3000
Not more than $807 for
each 2 hour session
(b) exceeds $3000 but is less
than $5000
Not more than $969 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 1999.
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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Sch. 3
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