Magistrates' Court Civil Procedure (Further Amendment) Rules 1997

i Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 S.R. No. 131/1997 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Filing of affidavit or declaration of service after service of a complaint 1 6. Form of counterclaim 2 7. New Form of counterclaim inserted—Form 7A 2 8. Increase in counsels' fees 4 9. Miscellaneous amendments 4 ═══════════════ NOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 1997 S.R. No. 131/1997 Magistrates' Court Act 1989 Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 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 January 1998. 4. Principal Rules In these Rules the Magistrates' Court Civil Procedure Rules 19891 are called the Principal Rules. 5. Filing of affidavit or declaration of service after service of a complaint (1) In Rule 5.02 of the Principal Rules omit "(1)". (2) Rule 5.02(2) of the Principal Rules is revoked. -- 2 of 7 -- S.R. No. 131/1997 Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 2 6. Form of counterclaim (1) In Rule 7.02(1) of the Principal Rules after "A counterclaim must" insert "be in Form 7A with Part A or B completed as the case requires and". (2) In Rule 7.02(2)(b) of the Principal Rules for "of the loss." substitute "of the loss; and". (3) After Rule 7.02(2)(b) of the Principal Rules insert— "(c) is a claim to which sub-paragraphs (a) or (b) applies, have included with the particulars of the counterclaim a sketch plan of the collision giving its location, names of roads and the identity of any vehicle involved.". (4) In Rule 7.02(3) of the Principal Rules for "to counterclaim" substitute "in Form 9A, with any necessary modification,". 7. New Form of counterclaim inserted—Form 7A After Form 5A to the Principal Rules insert— 'RULE 7.02 FORM 7A COUNTERCLAIM [heading as in Form 4A] NATURE OF COUNTERCLAIM (STATE SHORTLY) AMOUNT OF COUNTERCLAIM TO THE PLAINTIFF— TAKE NOTICE that this counterclaim has been brought against you by the defendant for the counterclaim set out in the pages attached. IF YOU INTEND TO DEFEND this counterclaim, YOU MUST GIVE NOTICE OF DEFENCE, within 21 days of service upon you of this counterclaim, to— (a) the defendant whose address for service is— and r. 6 -- 3 of 7 -- S.R. No. 131/1997 Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 3 (b) the registrar of the Magistrates' Court at— IF YOU DO NOT GIVE NOTICE OF DEFENCE WITHIN 21 DAYS OF SERVICE, the defendant may OBTAIN AN ORDER AGAINST YOU for the amount of the counterclaim and costs without further notice. DATE OF FILING— [next page] TO THE DEFENDANT—If your counterclaim arises from a motor vehicle collision, complete Part A. If your counterclaim does not arise from a motor vehicle collision complete Part B. If yours is a combined counterclaim, complete the appropriate parts. PART A (COUNTERCLAIM ARISING FROM A MOTOR VEHICLE COLLISION INCLUDING PERSONAL INJURY) WHAT IS THE NATURE OF YOUR COUNTERCLAIM? (e.g. cost of repairs to motor vehicle, cost of repairs to damaged fence.) WHERE DID YOUR CLAIM ARISE? [Give the location of any collision, including a Melway reference if possible, and in the space below draw a sketch plan of the collision with names of roads, etc. Identify your vehicle as "1", the vehicle driven by the plaintiff as "2" and any other vehicles involved as "3", "4", "5", etc.] WHEN DID YOUR COUNTERCLAIM ARISE?— HOW DID THE COLLISION HAPPEN?—[You must set out here in as much detail as you can how the collision happened and why you believe the plaintiff is at fault. If the space is insufficient you may attach other sheets.] HOW MUCH ARE YOU CLAIMING?— Dated—[e.g. 5 September 19 ]. [To be signed by the Defendant or the Defendant's Solicitor] [next page] PART B r. 7 -- 4 of 7 -- S.R. No. 131/1997 Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 4 (ANY COUNTERCLAIM NOT ARISING FROM A MOTOR VEHICLE COLLISION) WHAT IS THE NATURE OF YOUR COUNTERCLAIM? (e.g. work done; money owed; goods or services supplied; personal injury other than that arising from a motor vehicle collision; application to fence; injunction.) WHERE DID YOUR COUNTERCLAIM ARISE?— PARTICULARS OF THE COUNTERCLAIM— [You must set out here in as much detail as you can the substance of your counterclaim. If the space is insufficient you may attach other sheets.] HOW MUCH MONEY (IF ANY) ARE YOU CLAIMING?— WHAT OTHER RELIEF OR REMEDY (IF ANY) ARE YOU CLAIMING? Dated—[e.g. 5 September 19 ]. [To be signed by the Defendant or the Defendant's Solicitor]'. 8. Increase in counsels' fees In Appendix A to the Principal Rules, in Table 1, for the costs relating to item 21 substitute— " (a) 27 47 66 78 98 118 (b) 180 403 541 650 812 974 (c) 120 269 361 433 541 649 (d) 27 51 66 78 98 118". 9. Miscellaneous amendments (1) In Rule 27.08(3) of the Principal Rules for "affadivit" substitute "affidavit". (2) In Form 27F to the Principal Rules for "judment" substitute "judgment". (3) In Form 28K to the Principal Rules omit— r. 8 -- 5 of 7 -- S.R. No. 131/1997 Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 5 "A.B. Judgment creditor and C.D. Judgment debtor" (where first occurring). Dated: 21 November 1997 MICHAEL ANTHONY ADAMS, QC, CM BRIAN STIRTEVANT BARROW, Deputy CM PATRICK DENIS STREET, Deputy CM ═══════════════ r. 9 -- 6 of 7 -- S.R. No. 131/1997 Magistrates' Court Civil Procedure (Further Amendment) Rules 1997 6 NOTES 1 S.R. 199/1989. Reprinted to S.R. No. 81/1997. Notes -- 7 of 7 --