Magistrates Court (Civil Division) Amendment (Cost Scales) Rules 2010
The Magistrates Rule Committee makes the following rules of court under section 15AE of the Magistrates Court Act 1987 .
These rules may be cited as the Magistrates Court (Civil Division) Amendment (Cost Scales) Rules 2010 .
These rules take effect 7 days after 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 138A inserted
After rule 138 of the Principal Rules , the following rule is inserted in Division 1:138A. Entitlement to disbursements
Unless the court orders otherwise, a successful party in an action is entitled on judgment to the disbursements specified in items 3, 4, 5 and 6 of the table in Schedule 2 for photocopying, STD calls, court fees, other fees and payments and expert reports, respectively.
5. Schedules 1 and 2 substituted
Schedules 1 and 2 to the Principal Rules are rescinded and the following Schedules are substituted:SCHEDULE 1 - Costs and expensesPART 1 - Routine actions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
$600
$600
$600
3.
Routine request relating to discovery or inspection, including costs for perusal of reply
$60
$105
$150
4.
Request requiring drafting of particulars or interrogatories including costs for perusal of reply
$150
$225
$300
5.
Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply
$300
$450
$600
6.
For each of the following:
(a) replying to –
(i) request under item 3 or 4
$150
$225
$300
(ii) notice under item 5
$150
$225
$300
(b) providing personal injury particulars
$150
$225
$300
(c) making discovery (if required under these rules)
$150
$225
$300
7.
Preparing, filing and serving an application, including proof of service
$75
$150
$225
8.
Simple affidavit
$45
$60
$75
9.
Lengthy affidavit
$120
$150
$225
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
$45
$60
$75
12.
Issuing and serving summons to witness - each witness
$45
$60
$75
13.
Filing default judgment, garnishee application or warrant to sell property not otherwise provided for
$45
$45
$45
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
$90
$90
$90
(b) other manner of service
$45
$45
$45
15.
Preparing bill of costs, including attendance on assessment
$255
$265
$300
16.
Attendance for inspection (any party)
$120
$150
$180
17.
Attendance at listing conference, directions hearing or routine application
$60
$90
$120
18.
Attendance at application requiring special argument or at conciliation conference
$120
$180
$225
19.
Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute
$225
$345
$450
(b) if quantum and liability in dispute
$300
$450
$600
20.
Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day
$1 130
$1 355
$1 800
(b) each subsequent day
$750
$900
$1 200
21.
Attendance as counsel for judgment
$75
$75
$75
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
$900
$900
$900
3.
Routine request relating to discovery or inspection, including costs for perusal of reply
$60
$105
$150
4.
Request requiring drafting of particulars or interrogatories, including costs for perusal of reply
$150
$225
$300
5.
Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply
$450
$600
$750
6.
For each of the following:
(a) replying to –
(i) request under item 3 or 4
$225
$340
$450
(ii) notice under item 5
$225
$340
$450
(b) providing personal injury particulars
$225
$340
$450
(c) making discovery (if required under these rules)
$225
$340
$450
7.
Preparing, filing and serving an application, including proof of service
$75
$150
$255
8.
Simple affidavit
$45
$60
$75
9.
Lengthy affidavit
$120
$150
$225
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
$45
$60
$75
12.
Issuing and serving summons to witness - each witness
$45
$60
$75
13.
Filing default judgment, garnishee application or warrant to sell property not otherwise provided for
$45
$45
$45
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
$90
$90
$90
(b) other manner of service
$45
$45
$45
15.
Preparing bill of costs, including attendance on assessment
$255
$265
$300
16.
Attendance for inspection (any party)
$165
$240
$315
17.
Attendance at listing conference, directions hearing or routine application
$120
$180
$225
18.
Attendance at application requiring special argument or at conciliation conference
$240
$360
$450
19.
Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute
$225
$345
$450
(b) if quantum and liability in dispute
$300
$450
$600
20.
Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day
$1 350
$1 800
$2 250
(b) each subsequent day
$900
$1 200
$1 500
21.
Attendance as counsel for judgment
$75
$75
$75
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
1.
Preparing and filing liquidated claim
$90
$180
$270
$360
$450
2.
Entering default judgment
$45
$45
$45
$45
$45
3.
Assessing damages under rule 119
$75
$90
$105
$120
$180
4.
Preparing and filing warrant to sell property or garnishee application
$45
$45
$45
$45
$45
SCHEDULE 2 - Witness fees and disbursements
1.
Witness fees
(a) Professional, scientific or other expert witness (each day)
$525 or other amount ordered by the Court or determined by assessment officer
(b) Other adult person (each day)
$225
(c) Person under 18 years of age (each day)
$75
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
75 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
$450 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 25 February 2010.
M. R. HILL
Chief Magistrate
G. A. HAY
Member
M. B. BARTLETT
Member
C. P. WEBSTER
Member
P. F. DIXON
Member
T. J. HILL
Member
O. McTAGGART
Member
S. F. MOLLARD
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 10 March 2010
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) prescribing an entitlement for a successful party in an action to recover certain disbursements; and(b) increasing the fees for certain –(i) costs and expenses; and(ii) witness fees and disbursements.