Version No. 012

Magistrates' Court (Arbitration) Regulations 2000

S.R. No. 51/2000

Version incorporating amendments as at 1 April 2006

table of provisions

RegulationPage

1

RegulationPage

1.Objectives

2.Authorising provision

3.Commencement

4.Revocation

5.Exemption from arbitration

6.Costs

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SCHEDULE

SCHEDULE 1—Revoked Regulations

SCHEDULE 2—Classes of Complaint Exempt from Arbitration

SCHEDULE 3—Costs in respect of an Arbitration

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endnotes

1. General Information

2. Table of Amendments

3. Explanatory Details

1

Version No. 012

Magistrates' Court (Arbitration) Regulations 2000

S.R. No. 51/2000

Version incorporating amendments as at 1 April 2006

1

S.R. No. 51/2000

Magistrates' Court (Arbitration) Regulations 2000

1.Objectives

The objectives of these Regulations are—

(a)to prescribe those classes of complaint that are exempt from arbitration under Division 2 of Part 5 of the Magistrates' Court Act 1989; and

(b)to prescribe professional costs, fees and disbursements which may be awarded in respect of an arbitration under that Division.

2.Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3.Commencement

These Regulations come into operation on 1 July 2000.

4.Revocation

The Regulations in Schedule 1 are revoked.

5.Exemption from arbitration

For the purposes of section 102(2)(a) of the Magistrates' Court Act 1989 the classes of complaint set out in Schedule 2 are exempt from arbitration.

6.Costs

r. 6

For the purposes of section 105(2) of the Magistrates' Court Act 1989 the Court may award costs to a party in accordance with Schedule 3.

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SCHEDULE

SCHEDULE 1

Sch. 1

Revoked Regulations

Regulation 4

S.R. No. / Title
160/1991 / Magistrates' Court (Arbitration) (Professional Costs) Regulations 1991
4/1993 / Magistrates' Court (Arbitration) (Professional Costs) Regulations 1993
113/1993 / Magistrates' Court (Arbitration) (Professional Costs Amendment) Regulations 1993
199/1994 / Magistrates' Court (Arbitration) (Professional Costs) Regulations 1994
152/1995 / Magistrates' Court (Arbitration) (Professional Costs) Regulations 1995
146/1996 / Magistrates' Court (Arbitration) (Professional Costs) Regulations 1996
163/1998 / Magistrates' Court (Arbitration) (Professional Costs) Regulations 1998
136/1999 / Magistrates' Court (Arbitration) (Amendment) Regulations 1999

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SCHEDULE 2

Sch. 2

Classes of Complaint Exempt from Arbitration

Regulation 5

1.A complaint by a municipal council or a person authorised by a municipal council for the recovery of any rates.

2.A complaint of any Authority under the Water Act 1989 to enforce payment of any rates charges or sums due to the Authority.

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Sch. 3 amended by S.R. Nos 134/2000 reg.4(a)(b), 131/2001 reg.4(a)(b), 61/2003 reg.4, substitutedby S.R. No. 163/2004 reg.4, amendedby S.R. No. 30/2006 reg.4(a)–(d).

SCHEDULE 3

Sch. 3

Regulation 6

Costs in respect of an Arbitration

1.For all professional costs including solicitors' costs and fees to counsel—

(a)where the amount awarded is $500 or more but does not exceed $3000 / Not more than $1114 for each 2hour session
(b)where the amount awarded exceeds $3000 but is less than $5000 / Not more than $1201 for each 2hour session
(c)if a party is awarded costs only and the amount claimed in the complaint is $500 or more but does not exceed $3000 / Not more than $1114 for each 2hour session
(d)if a party is awarded costs only and the amount claimed in the complaint exceeds $3000 but is less than $5000 / Not more than $1201 for each 2hour session
(e)where the amount awarded is $5000 or more but is less than $10000 / Not more than $1288 for each 2hour session
(f)if a party is awarded costs only and the amount claimed in the complaint exceeds $5000 but is less than $10000 / Not more than $1288 for each 2hour session
(g)if a complaint has been the subject of a pre-hearing conference under section107 of the Magistrates' Court Act 1989, the following additional amounts are payable / (i)$209, if paragraph(a) or (c) applies; or
(ii)$261, if paragraph(b) or (d) applies; or
(iii)$314, if paragraph(e) or (f) applies.

If an arbitration hearing requires more than one 2 hour session the Courtmay award any further professional costs in accordance with Appendix A to the Magistrates' Court Civil Procedure Rules 1999[1].

2.Disbursements

In addition to the above amounts, money properly paid or payable out of pocket and the expenses of witnesses and interpreters are to be allowed.

Sch. 3

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endnotes

Endnotes

1.General Information

The Magistrates' Court (Arbitration) Regulations 2000, S.R.No.51/2000 were made on 27 June 2000 by the Governor in Council under section 140 of the Magistrates' Court Act 1989, No.51/1989 and came into operation on 1July 2000: regulation 3.

The Magistrates' Court (Arbitration) Regulations 2000 will sunset 10 years after the day of making on 27 June 2010 (see section 5 of the Subordinate Legislation Act 1994).

2.Table of Amendments

This Version incorporates amendments made to the Magistrates' Court (Arbitration) Regulations 2000 by statutory rules, subordinate instruments and Acts.

Endnotes

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Magistrates' Court (Arbitration) (Professional Costs) Regulations 2000, S.R.No.134/2000

Date of Making: / 19.12.00
Date of Commencement: / 1.1.01: reg. 3

Magistrates' Court (Arbitration) (Professional Costs) Regulations 2001, S.R.No.131/2001

Date of Making: / 4.12.01
Date of Commencement: / 1.1.02: reg. 3

Magistrates' Court (Arbitration) (Professional Costs) Regulations 2003, S.R.No.61/2003

Date of Making: / 17.6.03
Date of Commencement: / 1.7.03: reg. 3

Magistrates' Court (Arbitration) (Professional Costs) Regulations 2004, S.R.No.163/2004

Date of Making: / 14.12.04
Date of Commencement: / 1.1.05: reg.3

Magistrates' Court (Arbitration) (Professional Costs) Regulations 2006, S.R.No.30/2006

Date of Making: / 28.3.06
Date of Commencement: / 1.4.06: reg.3

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3.Explanatory Details

Endnotes

1

[1] Reg. 4 (substituted Sch. 3): S.R. No. 58/1999. Reprint No. 2 incorporating amendments as at 13March 2003. Subsequently amended by S.R.No.144/2003.