Magistrates Court (Civil Division) Amendment Rules (No. 2) 2003
The Magistrates Rule Committee makes the following rules of court under section 15AE of the Magistrates Court Act 1987 .
These rules of court may be cited as the Magistrates Court (Civil Division) Amendment Rules (No. 2) 2003 .
These rules of court take effect on the day on which their making is notified in the Gazette.
In these rules of court, 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 "minor civil claim, any other" after "includes any " in the definition of claim .
5. Rule 34 substituted
Rule 34 of the Principal Rules is rescinded and the following rule is substituted:(1) The Court may –(a) join or sever actions; or(b) list separate actions for hearing at the same time or consecutively.(2) If a proceeding involves 2 causes of action of which one is a minor civil claim and the other is another civil claim, the Court may determine the appropriate procedures to apply in order to achieve a timely and just disposal of the proceedings.
6. Rule 88A inserted
After rule 88 of the Principal Rules , the following rule is inserted in Part 4:(1) A registrar may, by written instrument, delegate to an officer of the Magistrates Court of which he or she is district registrar or deputy district registrar the performance of any functions and the exercise of any powers necessary for that officer to conduct a directions hearing, conciliation conference, mediation conference or listing conference.(2) A registrar may, by written instrument, vary, or wholly or partially revoke, a delegation under this rule.(3) Notwithstanding the repeal of the Magistrates Court (Small Claims Division) Act 1989 , effected by the Magistrates Court (Minor Civil Claims) Act 2003 , any delegation in force under that Act immediately before the commencement of this rule continues in full force and effect as if made under this rule.
These rules of court were made by the Magistrates Rule Committee at a meeting held on 29 September 2003, by telephone audio-conference.
M. R. Hill
Deputy Chief Magistrate
W. M. Griffiths
Member
Z. Szramka
Member
I. R. Matterson
Member
S. F. Mollard
Member
P. F. Dixon
Member
R. C. Willee
Member
M. Rapley
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 3 October 2003
These rules are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules of court amend the Magistrates Court (Civil Division) Rules 1998 by –(a) amending the definition of "claim" to include a minor civil claim; and(b) inserting new provisions relating to –(i) the joining of actions; and(ii) the delegation of certain functions by a registrar.