Magistrates Court (Civil Division) Amendment Rules 2009
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 2009 .
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 as follows:(a) by inserting the following definition after the definition of judgment debt :law practice has the same meaning as in the Legal Profession Act 2007 ;(b) by omitting the definition of practitioner and substituting the following definition:practitioner means an Australian legal practitioner;(c) by omitting the definition of practitioner and client costs .
5. Rule 61 amended (Scandalous material)
Rule 61(2) of the Principal Rules is amended by omitting "as between practitioner and client" and substituting "on a solicitor and client basis".
6. Rule 63 amended (Affidavit sworn before practitioner or agent)
Rule 63 of the Principal Rules is amended as follows:(a) by omitting from paragraph (c) "firm of the practitioner" and substituting "law practice of the practitioner";(b) by omitting from paragraph (d) "firm" and substituting "law practice".
7. Rule 138 amended (Entitlement to costs)
Rule 138(8) of the Principal Rules is amended by omitting "practitioner and client basis" and substituting "solicitor and client basis".
These rules of court were made by the Magistrates Rule Committee at a meeting held on 25 June 2009.
A. G. SHOTT
Chief Magistrate
M. R. HILL
Deputy Chief Magistrate
S. F. MOLLARD
Member
M. RAPLEY
Member
M. F. DALY
Member
W. M. GRIFFITHS
Member
G. A. HAY
Member
P. F. DIXON
Member
C. P. WEBSTER
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 8 July 2009
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 consequentially on the enactment of the Legal Profession Act 2007 .