Magistrates Court (Civil Division) Amendment Rules 2008
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 2008 .
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 19A inserted
After rule 19 of the Principal Rules , the following rule is inserted in Division 1:19A. Body of persons acting in proceedings
(1) In any proceeding, a body of persons may be represented by a natural person who may, but need not be, a practitioner.(2) Subrule (1) applies regardless of whether the body of persons is (a) a party to the proceeding; or(b) incorporated or unincorporated.
5. Schedule 1 amended (Costs and expenses)
Schedule 1 to the Principal Rules is amended by omittingfrom the column headings in Part 3 and substituting:
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
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
These rules of court were made by the Magistrates Rule Committee at a meeting held on 29 April 2008.
A. G. SHOTT
Chief Magistrate
M. R. HILL
Deputy Chief Magistrate
P. F. DIXON
Member
S. F. MOLLARD
Member
GLENN HAY
Member
CHRIS WEBSTER
Member
T. J. HILL
Member
MARK RAPLEY
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 7 May 2008
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 (a) providing that, in any proceeding, a body of persons may be represented by a natural person; and(b) adjusting, in line with the Court's expanded jurisdiction, the scale of "costs to be endorsed on process" to accommodate claims over $20 000.