Magistrates Court (Civil Division) Amendment Rules 2014
The Magistrates Rule Committee makes the following rules of court under section 15AE of the Magistrates Court Act 1987 for the purposes of the Magistrates Court (Civil Division) Act 1992 .
These rules of court may be cited as the Magistrates Court (Civil Division) Amendment Rules 2014 .
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 25 amended (Action to be commenced by claim)
Rule 25 of the Principal Rules is amended as follows:(a) by omitting from subrule (3)(b) "costs." and substituting "costs; and";(b) by inserting the following paragraph after paragraph (b) in subrule (3) :(c) the amount claimed for service of the claim.(c) by omitting from subrule (4) "subrule (3)" and substituting " subrule (3)(b) ";(d) by inserting the following subrule after subrule (4) :(5) The amount claimed for service of the claim under subrule (3)(c) is to be in accordance with item 14 of Part 1 of Schedule 1 .
5. Rule 117 amended (Amount of default judgment)
Rule 117(1) of the Principal Rules is amended as follows:(a) by omitting from paragraph (c)(ii) "judgment." and substituting "judgment; and";(b) by inserting the following paragraph after paragraph (c) :(d) costs in accordance with item 14 of Part 1 of Schedule 1 .
6. Rule 138A rescinded
Rule 138A of the Principal Rules, as inserted by Statutory Rules 2010, No. 23, is rescinded.
7. Schedule 1 substituted
Schedule 1 to the Principal Rules is rescinded and the following Schedule is substituted:SCHEDULE 1 - Costs and ExpensesRules 25 , 117 , 127(3) , 129G(4) , 130 , 138 and 139
PART 1 - Routine proceedings
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 or originating application other than for sum of money
$580
$580
$580
3.
Routine request relating to discovery or inspection, including costs for perusal of reply
$68
$119
$170
4.
Request requiring drafting of particulars or interrogatories including costs for perusal of reply
$170
$255
$340
5.
Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply
$340
$510
$680
6.
For each of the following:
(a) replying to –
(i) request under item 3 or 4
$170
$255
$340
(ii) notice under item 5
$170
$255
$340
(b) providing personal injury particulars
$170
$255
$340
(c) making discovery (if required under these rules)
$170
$255
$340
7.
Preparing, filing and serving an application, including proof of service
$85
$170
$255
8.
Simple affidavit
$51
$68
$85
9.
Lengthy affidavit
$136
$170
$255
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
$51
$68
$85
12.
Issuing and serving summons to witness - each witness
$51
$68
$85
13.
Filing default judgment, garnishee application or warrant to sell property not otherwise provided for
$51
$51
$51
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
$102
$102
$102
(b) other manner of service
$51
$51
$51
15.
Preparing bill of costs, including attendance on assessment
$289
$300
$340
16.
Attendance for inspection (any party)
$136
$170
$204
17.
Attendance at listing conference, directions hearing or routine application
$68
$102
$136
18.
Attendance at application requiring special argument or at conciliation conference
$136
$204
$255
19.
Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute
$255
$391
$510
(b) if quantum and liability in dispute
$340
$510
$680
20.
Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day
$1 280
$1 535
$2 039
(b) each subsequent day
$850
$1 020
$1 360
21.
Attendance as counsel for judgment
$85
$85
$85
PART 2 - Complex proceedings
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 or originating application other than for sum of money
$1 020
$1 020
$1 020
3.
Routine request relating to discovery or inspection, including costs for perusal of reply
$68
$119
$170
4.
Request requiring drafting of particulars or interrogatories, including costs for perusal of reply
$170
$255
$340
5.
Notice to admit facts, filed offer, payment into Court or other notice requiring particular instructions, including costs for perusal of reply
$510
$680
$850
6.
For each of the following:
(a) replying to –
(i) request under item 3 or 4
$255
$385
$510
(ii) notice under item 5
$255
$385
$510
(b) providing personal injury particulars
$255
$385
$510
(c) making discovery (if required under these rules)
$255
$385
$510
7.
Preparing, filing and serving an application, including proof of service
$85
$170
$289
8.
Simple affidavit
$51
$68
$85
9.
Lengthy affidavit
$136
$170
$255
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
$51
$68
$85
12.
Issuing and serving summons to witness - each witness
$51
$68
$85
13.
Filing default judgment, garnishee application or warrant to sell property not otherwise provided for
$51
$51
$51
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
$102
$102
$102
(b) other manner of service
$51
$51
$51
15.
Preparing bill of costs, including attendance on assessment
$289
$300
$340
16.
Attendance for inspection (any party)
$187
$272
$357
17.
Attendance at listing conference, directions hearing or routine application
$136
$204
$255
18.
Attendance at application requiring special argument or at conciliation conference
$272
$408
$510
19.
Advice on compromise or settlement for person under disability –
(a) if quantum only in dispute
$255
$391
$510
(b) if quantum and liability in dispute
$340
$510
$680
20.
Attendance as counsel at trial, including fee on brief and refreshers –
(a) first day
$1 530
$2 039
$2 549
(b) each subsequent day
$1 020
$1 360
$1 700
21.
Attendance as counsel for judgment
$85
$85
$85
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
$102
$204
$306
$408
$510
2.
Entering default judgment
$51
$51
$51
$51
$51
3.
Assessing damages under rule 119
$85
$102
$119
$136
$204
4.
Preparing and filing warrant to sell property or garnishee application
$51
$51
$51
$51
$51
These rules of court were made by the Magistrates Rule Committee at a meeting held on 4 March 2014.
M. Hill
Chief Magistrate
G. A. Hay
Member
Chris Webster
Member
Simon Cooper
Member
Olivia McTaggart
Member
Catherine Rheinberger
Member
M. Daly
Member
Mark Cameron Rapley
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 12 March 2014
These rules of court 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) enabling a fee to be claimed for service of a claim for a debt or liquidated sum and providing for such a fee to be awarded on application for default judgment; and(b) rescinding a superseded rule; and(c) increasing the amounts of costs and expenses recoverable by successful litigants.