Magistrates Court (Civil Division) Amendment Rules 2000
The Rules Committee of Magistrates Court (Civil Division) makes the following Rules of Court under section 22 of the Magistrates Court (Civil Division) Act 1992 .
These rules may be cited as the Magistrates Court (Civil Division) Amendment Rules 2000 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Magistrates Court (Civil Division) Rules 1998 are referred to as the Principal Rules.
4. Rule 3 amended (Interpretation)
Rule 3 of the Principal Rules is amended by inserting after the definition of conciliation conference the following definition:conciliator means a person appointed under rule 80A to conduct conciliation conferences and mediation conferences;
5. Rule 80A inserted
After rule 80 of the Principal Rules , the following rule is inserted in Part 4:80A. Appointment of conciliators
(1) For the purpose of this Part, the Chief Magistrate may appoint one or more persons as a conciliator.(2) An appointment under subrule (1) is subject to any terms and conditions the Chief Magistrate determines.
6. Rule 85 substituted
Rule 85 of the Principal Rules is rescinded and the following rule is substituted:85. Orders at conference or hearing
(1) At a directions hearing or listing conference, the Court may make any order or do anything that it is empowered to make or do under these rules.(2) At a conciliation conference or mediation conference, a conciliator may make any order or do anything that the Court is empowered to make or do under these rules.
7. Rule 152 amended (Review of registrar's or conciliator's decision)
Rule 152(1) of the Principal Rules is amended by inserting "or a conciliator" after "registrar".
These Rules of Court were made by the Rules Committee of Magistrates Court (Civil Division) at a meeting held on 2 November 2000.
Arnold George Shott
Chief Magistrate
Shan Eve Tennent
Magistrate
Roger Cedric Willee
Member
Sam Mollard
Member
Helen Wood
Member
Don Jones
Member
Peter Dixon
Member
Zygmunt Szramka
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 November 2000
These rules are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules amend the Magistrates Court (Civil Division) Rules 1998 by providing that –(a) at a conciliation conference or mediation conference, a conciliator may make any order or do anything that the Court is empowered to make or do under those rules; and(b) a person may apply to a magistrate for a review of a conciliator's decision.