Magistrates' Court Civil Procedure (Further Amendment) Rules 1996

i Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 S.R. No. 143/1996 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. New definition of solicitor inserted in Rule 1.12 1 6. Amendment of Rule 27.26 2 7. Substitution of Appendix A 2 ═══════════════ NOTES 17 -- 1 of 18 -- 1 STATUTORY RULES 1996 S.R. No. 143/1996 Magistrates' Court Act 1989 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 The Magistrates 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 (1) These Rules (apart from Rules 5 and 7) come into operation on the day on which they are made. (2) Rules 5 and 7 come into operation on 1 January 1997. 4. Principal Rules In these Rules the Magistrates' Court Civil Procedure Rules 19891 are called the Principal Rules. 5. New definition of solicitor inserted in Rule 1.12 In Rule 1.12(1) of the Principal Rules insert the following definition— "solicitor" means a legal practitioner within the meaning of the Legal Practice Act 1986 not -- 2 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 2 being a legal practitioner who practises as a barrister only;". 6. Amendment of Rule 27.26 In Rule 27.26(b) of the Principal Rules for "security" substitute "registered". 7. Substitution of Appendix A For Appendix A to the Principal Rules substitute— "APPENDIX A Scale of costs and fees which may be claimed by counsel and solicitors as between party and party as well as between solicitor and client. Item Particulars of Service Costs PART 1 $ 1. Claim for debt, liquidated demand or claim arising from a motor vehicle collision for cost of repairs only or for total loss of vehicle only including all professional costs where the amount claimed is— (a) Less than $500 105 (b) $500 to less than $5000 219 (c) $5000 to less than $7500 269 (d) $7500 to less than $20 000 322 (e) $20 000 to less than $40 000 402 (f) $40 000 and over 482 r. 6 -- 3 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 3 Item Particulars of Service— For Costs relating to items 2 to 28 see Table 1 after item 28 Institution of proceedings 2. Instructions to sue including letter before action, preparation and filing of complaint, copies for service and attendances on counsel (where necessary) and on process server 3. (a) Instructions to defend claim, counterclaim or third party notice including perusal and giving notice of defence, attendance on counsel (where necessary), copies, filing and service (b) Preparation of counterclaim, third party notice or notice of contribution including copies, filing and service (c) Perusal of notice of contribution 4. Instructions to make, issue or oppose an application or summons or any notice of objection under the Judgment Debt Recovery Act 1984 including instructions for any necessary affidavit (not otherwise provided for) Particulars 5. Request for particulars of any document including copies, attendances on counsel, filing, service and perusal of further particulars 6. Further and better particulars of any document including copies, attendances on counsel, filing, service and perusal of request Discovery 7. (a) Notice of discovery including filing and service (b) Perusal of affidavit and inspection of documents (c) Affidavit of documents including instructions, copies, swearing, filing and service and production of documents for inspection (d) Notice to produce documents including filing and service Interrogatories 8. (a) Interrogatories for examination of one party including instructions, copies and attendances on counsel, filing and service and perusal of interrogatories r. 7 -- 4 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 4 Item Particulars of Service— For Costs relating to items 2 to 28 see Table 1 after item 28 (b) Answers to interrogatories of one party including instructions, copies and attendances on counsel, swearing, filing and service including perusal of interrogatories Notices, undertakings etc. 9. Any necessary notice, undertaking, consent, order, memorandum (not otherwise provided for) including copies, filing and service 10. (a) Notice to Admit, including copies, filing, service and perusal of admissions and making copies thereof (b) Admissions, including copies, perusal of Notice to Admit and making copies, filing and service 11. Offer of Compromise or notice of acceptance of offer including copies and service Witnesses and Expert Witnesses 12. (a) Witness summons including instructions, issuing and necessary copies (b) Attendance on a witness to arrange attendance to give evidence without witness summons, including reminders (c) (i) Arranging examination or inspection by an expert witness and notifying party, supplying relevant documents to witness, obtaining and perusing reports (ii) Notifying party of examination or inspection arranged by opposite party (d) Instructions for and preparation of statement of expert witness (pursuant to Order 19.02) including filing and service 13. (a) Application or summons or any notice of objection under the Judgment Debt Recovery Act 1984 including copies, issuing, filing and affidavit of service (b) Application for an order under Rules 10.01 (in addition to item 1 if applicable) or 10.04 r. 7 -- 5 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 5 Item Particulars of Service— For Costs relating to items 2 to 28 see Table 1 after item 28 14 . Affidavits Preparation of any necessary affidavit, swearing, filing and service 15. Affidavit of service, including swearing and filing (not otherwise provided for) General Preparation 16. Including all necessary instructions (including instructions for negotiations for settlement), and instructions for brief for counsel or brief notes for solicitor (where necessary) including attendances personally, and/or by telephone, correspondence, perusals and examinations or scanning and preparation for delivery of brief to counsel (or brief notes to solicitor) Pre-Hearing Conference 17. (a) Preparation including all necessary instructions, instructions for brief for counsel or brief notes for solicitor (where necessary) all necessary correspondence, perusals, etc. (b) Attending conference whether by counsel or by solicitor Court Attendance 18. (a) Attending Court on hearing—solicitor without counsel for the first six hours (b) If attendance at Court exceeds six hours—for each hour thereafter (c) Attending Court, Magistrate or Officer of the Court on an application, summons or to hear reserved judgment (d) Attending WorkCover mentions 19. (a) Solicitor attending Court on hearing—with counsel (where necessary)—for the first three hours (b) If attendance exceeds three hours—for each hour thereafter Conference with Counsel 20. Appointing and attending conference (when necessary) r. 7 -- 6 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 6 Item Particulars of Service— For Costs relating to items 2 to 28 see Table 1 after item 28 Fees to Counsel 21. (a) To draw or settle any necessary document including notice before action, particulars of claim, counterclaim, special defence, interrogatories, etc. (b) Brief on hearing (c) For each six hours or part thereof after the first six hours of hearing (including any luncheon adjournment) (d) Conference PART 2 The items in this Part may be allowed in solicitor/client matters by the Taxing Master of the Supreme Court in addition to or in substitution for the costs provided in item 16 Documents 22. Drawing any necessary document or brief (where not otherwise provided for)—per folio 23. (a) Typing any necessary document or brief (where not otherwise provided for)—per folio (b) Copies—any necessary carbon, photo or machine-made copy—per page Perusals 24. (a) Of any necessary document or part of a document (where not otherwise provided for)—per folio (b) Examination or scanning any document which is not necessary to peruse—per folio Correspondence 25. (a) Special letter (b) Any necessary letter (including an agency letter) (c) For each circular letter after the first postage may be claimed as a disbursement r. 7 -- 7 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 7 Item Particulars of Service— For Costs relating to items 2 to 28 see Table 1 after item 28 Attendances 26. (a) An attendance—such as an attendance at the office of the Registrar, or on a process server or to serve or an attendance which is capable of being made by a clerk (b) An attendance (personal or by telephone) of a solicitor or managing clerk and involving the exercise of skill or legal knowledge—for each quarter hour (c) An attendance which does not involve the exercise of skill or legal knowledge—for each quarter hour PART 3 27. (a) Warrant to seize property or of delivery including instructions, preparation and issuing (b) Summons for oral examination, including instructions, preparation of summons and affidavit, issue, arranging service, forwarding summons and affidavit to Registrar with letter 28. Proceedings for attachment of debts including all professional costs. r. 7 -- 8 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 8 TABLE 1 Costs for items 2 to 28 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 to less than $40 000 F $40 000 and over 2. 105 219 269 322 402 482 3.(a) 50 104 128 153 191 230 (b) 55 114 140 169 210 252 (c) 26 26 26 26 26 26 4. 35 35 35 53 67 80 5. 36 82 99 119 148 177 6. 32 70 83 99 124 149 7.(a) 25 39 50 57 72 86 (b) 31 54 65 81 101 121 (c) 57 123 149 178 223 267 (d) 25 36 50 57 72 86 8.(a) 49 96 117 140 176 211 (b) 63 135 169 202 252 302 9. 25 42 51 58 73 87 r. 7 -- 9 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 9 Table 1 continued—Costs for items 2 to 28 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 to less than $40 000 F $40 000 and over 10.(a) 63 63 63 87 109 131 (b) 63 63 63 87 109 131 11. 53 53 53 79 99 119 12.(a) 11 19 29 29 36 44 (b) 11 11 11 19 23 27 (c) (i) 34 34 34 53 67 80 (ii) 10 10 10 26 32 39 (d) 49 86 117 140 176 211 13.(a) 33 45 51 55 69 82 (b) 22 22 22 22 22 22 14. 49 96 117 140 176 211 15. 19 19 19 19 19 19 16. 190 620 765 920 1150 1380 17.(a) 47 139 188 226 282 338 (b) 83 159 227 282 353 424 r. 7 r. 7 -- 10 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 10 Table 1 continued— Costs for items 2 to 28 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 to less than $40 000 F $40 000 and over 18.(a) 175 351 528 634 792 950 (b) 36 70 83 101 126 151 (c) 51 110 136 163 204 245 (d) 59 59 59 59 59 59 19.(a) 79 136 169 202 252 302 (b) 26 47 57 69 85 102 20. 25 51 62 78 98 118 21.(a) 26 46 65 76 96 115 (b) 176 394 529 636 795 953 (c) 117 263 353 424 529 635 (d) 26 50 65 76 96 115 22. 2.20 5.40 5.40 5.40 6.80 8.10 23.(a) 1.20 1.20 1.20 1.20 1.20 1.20 (b) 1.20 1.20 1.20 1.20 1.20 1.20 24.(a) 1.20 1.20 1.20 1.20 1.20 1.20 (b) .80 .80 .80 .80 .80 .80 r. 7 -- 11 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 11 Table 1 continued— Costs for items 2 to 28 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 to less than $40 000 F $40 000 and over 25.(a) 19.60 19.60 19.60 19.60 19.60 19.60 (b) 13.70 13.70 13.70 13.70 13.70 13.70 (c) 7.80 7.80 7.80 7.80 7.80 7.80 26.(a) 13.70 13.70 13.70 13.70 13.70 13.70 (b) 24 24 24 24 24 24 (c) 10.90 10.90 10.90 10.90 10.90 10.90 27.(a) 28 54 66 82 103 124 (b) 30 67 80 91 113 136 28. 79 161 202 241 302 362. -- 12 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 12 Item Particulars of Service Costs $ 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 33 (ii) For service on each person to be served where service is effected by post or by leaving at a document exchange 2.20 (iii) For every necessary visit made in attempting service and for each report of non-service where the time, date and number of visits attempting service are shown by affidavit 24 (iv) In addition to the abovementioned fees an allowance at the rate of 50 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 50 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 person who served the Court document, 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. r. 7 -- 13 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 13 Item Particulars of Service Costs $ (2) (a) For service of two or more Court documents in the same proceeding on the same person who was or could have been served at the same time and place, only one service fee shall be allowed. (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. 121 (b) If advertisement in lieu of service is ordered, the necessary and reasonable costs of advertisement in addition. 30. In addition to the above amounts, money properly paid out of the pocket and the expenses of witnesses and interpreters are to be allowed, and disbursements and fees to counsel of the nature referred to in item 21 that are reasonably incurred on behalf of a client may be charged.". Dated: 29 November 1996 MICHAEL ANTHONY ADAMS, QC, CM BRIAN STIRTEVANT BARROW, Deputy CM PATRICK DENIS STREET, Deputy CM DANIEL JOHN MULING, Deputy CM JENNIFER ANN COATE, Deputy CM PHILIP JOHN RODDA, M MICHAEL CONNOLLY, M r. 7 -- 14 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 14 JAMES PATRICK HANRAHAN, M LIONEL CEDRIC WINTON-SMITH, M JOHN CHARLES TOBIN, M JOHN DOUGLAS BOLSTER, M FRANCIS ROSS HODGENS, M LEWIS PHILLIP BYRNE, M WILLIAM JOHN GEORGE O'DAY, M IAN THOMAS McGRANE, M IAIN TRELOAR WEST, M BARRY FRANCIS DOCKING, M RAFFAELE BARBERIO, M ROBERT KRISHNAN ASHOK KUMAR, M ROWAN GEORGE McINDOE, M GRAEME DOUGLAS JOHNSTONE, M WILLIAM PATERSON GIBB, M PETER HARRY MEALY, M JACINTA MARY HEFFEY, M GREGORY JOHN ZALMAN LEVINE, M ROBERT LESLIE TUPPEN, M NOEL BRIAN PURCELL, M LANCE IVAN MARTIN, M ROGER WILSON FRANICH, M JOHN PHILIP DUGDALE, M HEATHER MARGARET SPOONER, M EDWIN CHARLES BATT, M JILLIAN MARY CROWE, M WENDY ANNE WILMOTH, M r. 7 -- 15 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 15 KEITH WILLIAM LEWIS, M JULIAN FRANCIS FITZ-GERALD, M PAUL DOUGLAS GRANT, M CHRISTINE ANNE STEWART-THORNTON, M BRIAN JOSEPH CLIFFORD, M HARLEY JAMES HARBER, M ANN MACDONALD, M PETER HENRY LAURITSEN, M LEONARD HAROLD BREAR, M JELENA POPOVIC, M PETER COUZENS, M JOHN WILLIAM DOHERTY, M BARBARA ANN COTTERELL, M DAVID HARPER McLENNAN, M JONATHAN GEORGE KLESTADT, M DUNCAN KEITH REYNOLDS, M ROBERT LEYLAND LANGTON, M MARGARET GILL HARDING, M ALASTAIR GRAHAM McLEAN, M TERRY JOHN WILSON, M SUSAN ADELE BLASHKI, M KAY HELEN MACPHERSON, M MAXWELL CHARLES SPEEDIE BECK, M BRIAN PHILIP WYNN-MACKENZIE, M JOHN MARTIN MURPHY, M FRANCIS WILLIAM HENDER, M WILLIAM DESMOND MARTIN, M r. 7 -- 16 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 16 THOMAS MICHAEL O'DWYER, M JAMES MAXWELL BROOKE CASHMORE, M WILLIAM PETER WHITE, M COLIN EUNAN MACLEOD, M ISAAC JOSEPH BEDER, M THOMAS KEVIN HASSARD, M PAUL ANTHONY SMITH, M PARESA ANTONIADIS SPANOS, M FRANK WILLIAM JONES, M JAMES STANISLAUS MORNANE, M HENRY CLIVE ALSOP, M MICHAEL LESLIE SMITH, M NOREEN MARY TOOHEY, M CATHERINE FRANCES LAMBLE, M HUGH MALCOLM WALTER, M JENNIFER ANNE BENN GOLDSBROUGH, M MICHAEL HENRY LEWIS STONE, M ═══════════════ r. 7 -- 17 of 18 -- S.R. No. 143/1996 Magistrates' Court Civil Procedure (Further Amendment) Rules 1996 17 NOTES 1 S.R. No. 199/1989. Reprinted to S.R. No. 103/1995 and subsequently amended by S.R. Nos 149/1995 and 73/1996. Notes -- 18 of 18 --