Magistrates Court (Civil Division) Amendment Rules 2005
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 2005 .
These rules of court take effect on 1 January 2006.
In these rules of court, the Magistrates Court (Civil Division) Rules 1998 are referred to as the Principal Rules.
4. Schedules 1 and 2 amended
Schedules 1 and 2 to the Principal Rules are rescinded and the following Schedules are substituted:SCHEDULE 1 - Costs and expensesRules 25 , 117 , 127(3) , 129G(4) , 130 , 138 and 139
PART 1 - Routine actions
Item
Not exceeding $10 000
Exceeding $10 000 and not exceeding $20 000
Exceeding $20 000
1. Filing claim for sum of money (defence and counterclaim allowed only as one item) - to the nearest $10
4% of judgment sum
4% of judgment sum
4% of judgment sum, up to maximum of $1 200
2. Filing claim other than for sum of money
$512
$512
$512
3. Routine request relating to discovery or inspection, including costs for perusal of reply
$51.20
$89.60
$128
4. Request requiring drafting of particulars or interrogatories including costs for perusal of reply
$128
$192
$256
5. Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply
$256
$384
$512
6. For each of the following:
$128
$192
$256
(a) replying to –
(ii) notice under item 5
(b) providing personal injury particulars
(c) making discovery (if required under these rules)
7. Preparing, filing and serving an application, including proof of service
$64
$128
$192
8. Simple affidavit
$38.40
$51.20
$64
9. Lengthy affidavit
$102.40
$128
$192
10. Any aspect not otherwise provided for and incidental to preparing for trial, including proofing witnesses, advice on evidence and law and delivering brief to counsel, including in-house counsel - to the nearest $10
10% of judgment sum
10% of judgment sum
10% of judgment sum, up to maximum of $3 000
11. Arranging witnesses for trial, including obtaining, filing and serving expert reports - each witness
$38.40
$51.20
$64
12. Issuing and serving summons to witness - each witness
$38.40
$51.20
$64
13. Filing default judgment, garnishee application or warrant to sell property not otherwise provided for
$38.40
$38.40
$38.40
14. Service of document not in the usual course served by the Court and not otherwise provided for –
(a) personal service, if required by these rules
$76.80
$76.80
$76.80
(b) other manner of service
$38.40
$38.40
$38.40
15. Preparing bill of costs, including attendance on assessment
$192
$224
$256
16. Attendance for inspection (any party)
$102.40
$128
$153.60
17. Attendance at listing conference, directions hearing or routine application
$51.20
$76.80
$102.40
18. Attendance at application requiring special argument or at conciliation conference
$102.40
$153.60
$192
19. Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute
$192
$294.40
$384
(b) if quantum and liability in dispute
$256
$384
$512
20. Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day
$960
$1 152
$1 536
(b) each subsequent day
$640
$768
$1 024
21. Attendance as counsel for judgment
$64
$64
$64
PART 2 - Complex actions
Item
Not exceeding $10 000
Exceeding $10 000 and not exceeding $20 000
Exceeding $20 000
1. Filing claim for sum of money (defence and counterclaim allowed only as one item) - to the nearest $10
6% of judgment sum
6% of judgment sum
6% of judgment sum, up to maximum of $1 800
2. Filing claim other than for sum of money
$768
$768
$768
3. Routine request relating to discovery or inspection, including costs for perusal of reply
$51.20
$89.60
$128
4. Request requiring drafting of particulars or interrogatories, including costs for perusal of reply
$128
$192
$256
5. Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply
$384
$512
$640
6. For each of the following:
$192
$288
$384
(a) replying to –
(ii) notice under item 5
(b) providing personal injury particulars
(c) making discovery (if required under these rules)
7. Preparing, filing and serving an application, including proof of service
$64
$128
$192
8. Simple affidavit
$38.40
$51.20
$64
9. Lengthy affidavit
$102.40
$128
$192
10. Any aspect not otherwise provided for and incidental to preparing for trial, including proofing witnesses, advice on evidence and law and delivering brief to counsel, including in-house counsel - to the nearest $10
15% of judgment sum
15% of judgment sum
15% of judgment sum, up to maximum of $4 500
11. Arranging witnesses for trial, including obtaining, filing and serving expert reports - each witness
$38.40
$51.20
$64
12. Issuing and serving summons to witness - each witness
$38.40
$51.20
$64
13. Filing default judgment, garnishee application or warrant to sell property not otherwise provided for
$38.40
$38.40
$38.40
14. Service of document not in the usual course served by the Court and not otherwise provided for –
(a) personal service, if required under these rules
$76.80
$76.80
$76.80
(b) other manner of service
$38.40
$38.40
$38.40
15. Preparing bill of costs, including attendance on assessment
$192
$224
$256
16. Attendance for inspection (any party)
$140.80
$204.80
$268.80
17. Attendance at listing conference, directions hearing or routine application
$102.40
$153.60
$192
18. Attendance at application requiring special argument or at conciliation conference
$204.80
$307.20
$384
19. Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute
$192
$294.40
$384
(b) if quantum and liability in dispute
$256
$384
$512
20. Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day
$1 152
$1 536
$1 920
(b) each subsequent day
$768
$1 024
$1 280
21. Attendance as counsel for judgment
$64
$64
$64
PART 3 - Costs endorsed on process
Item
Amount claimed in action
Not exceeding $1 000
Exceeding $1 000 and not exceeding $3 000
Exceeding $3 000 and not exceeding $5 000
Exceeding $5 000 and not exceeding $10 000
Exceeding $10 000 and not exceeding $20 000
1.
Preparing and filing liquidated claim
$76.80
$153.60
$230.40
$307.20
$384
2.
Entering default judgment
$38.40
$38.40
$38.40
$38.40
$38.40
3.
Assessing damages under rule 119
$64
$76.80
$89.60
$102.40
$153.60
4.
Preparing and filing warrant to sell property or garnishee application
$38.40
$38.40
$38.40
$38.40
$38.40
SCHEDULE 2 - Witness fees and disbursements
1.
Witness fees
(a) Professional, scientific or other expert witness (each day)
$448 or other amount ordered by the Court or determined by assessment officer
(b) Other adult person (each day)
$192
(c) Person under 18 years of age (each day)
$64
2.
Witness expenses
Travel expenses (including meals, travelling and accommodation)
At the same rate and on the same terms as prescribed for equivalent allowance in the General Conditions of Service Award under the Industrial Relations Act 1984 for employees within the meaning of the State Service Act 2000
3.
Photocopying
each page
64 cents
4.
STD calls
Actual cost
5.
Court fees, other fees and payments, excluding the usual and incidental expenses and overheads of a legal practice and in particular excludes postage, telephone charges (non-STD) and courier expenses
To the extent to which they have been properly and reasonably incurred and paid
6.
Expert reports
$384 or other amount ordered by the Court or determined by assessment officer
These rules of court were made by the Magistrates Rule Committee at a meeting held on 12 December 2005.
A. G. SHOTT
Chief Magistrate
M. R. HILL
Deputy Chief Magistrate
HELEN M. WOOD
Member
ROGER C. WILLEE
Member
PETER F. DIXON
Member
IAN MATTERSON
Member
O. McTAGGART
Member
MARK RAPLEY
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 21 December 2005
These rules are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules of court amend the Magistrates Court (Civil Division) Rules 1998 by increasing –(a) costs and expenses for routine actions and complex actions; and(b) costs endorsed on process; and(c) witness fees and disbursements.