Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013
S.R. No. 89/2013
table of provisions
RulePage
RulePage
Part 1—Preliminary
1Object
2Authorising provisions
3Commencement
4Principal Rules
Part 2—Costs Amendments
5Cost consequences of failure to accept
6Definitions for the purposes of Order 63
7Judicial registrars
8Rule 63.17 substituted
63.17Amendment
9Rule 63.22 substituted
63.22Costs reserved
10Evidence transcript costs
11Rule 63.28 substituted
63.28Bases of taxation
12Party and party basis
13Rule 63.30 substituted
63.30Standard basis
14Rule 63.31 substituted
63.31Usual basis of taxation
15Revocation of Rules 63.32 and 63.33
16Heading to Part 5 of Order 63 amended
17Discretionary costs
18Rules 63.59 to 63.61 substituted
63.59Basis of taxation of costs payable by client
63.60Taxation between Australian lawyer and client
63.61Basis of taxation of costs payable otherwise than by client
19Rule 63.69 revoked
20Rule 63.72 substituted
63.72Increase or decrease of amounts in Scale
Part 3—Other Amendments
21Contents and form of notice of defence
22Notice of defence form amended
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ENDNOTES
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statutory rules 2013
S.R. No. 89/2013
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Magistrates' Court Act 1989
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Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013
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Part 2—Costs Amendments
Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013
S.R. No. 89/2013
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
Part 1—Preliminary
1Object
The object of these Rules is to amend the Magistrates' Court General Civil Procedure Rules 2010 in relation to—
(a)the taxation of costs in a proceeding; and
(b)a defendant's address for service of documents in a proceeding.
2Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
3Commencement
These Rules come into operation on 1 July 2013.
4Principal Rules
In these Rules, the Magistrates' Court General Civil Procedure Rules 2010[i] are called the Principal Rules.
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Part 2—Costs Amendments
5Cost consequences of failure to accept
In Rule 26.08(2), (3) and (4) of the Principal Rules, for "party and party basis" (where twice occurring) substitute "standard basis".
r. 5
6Definitions for the purposes of Order 63
In Rule 63.01(1) of the Principal Rules, in the definition of costs, after "disbursements" insert "and reasonable costs of recording and transcript".
7Judicial registrars
In Rule 63.05(b) of the Principal Rules, before "aCosts Registrar" insert "a judicial registrarwithin the meaning of the Supreme Court Act 1986,".
8Rule 63.17 substituted
For Rule 63.17 of the Principal Rules substitute—
"63.17 Amendment
If a pleading is amended (whether with or without leave) the costs of and occasioned by the amendment and the costs of any application for leave to make the amendment are the parties' costs in the proceeding, unless the Court otherwise orders.".
9Rule 63.22 substituted
For Rule 63.22 of the Principal Rules substitute—
"63.22 Costs reserved
If by order of the Court the costs of any interlocutory or other application, or of any step in a proceeding, are reserved, the reserved costs are the parties' costs in the proceeding, unless the Court otherwise orders.".
10Evidence transcript costs
r. 10
Rule 63.22.1 of the Principal Rules is revoked.
11Rule 63.28 substituted
For Rule 63.28 of the Principal Rules substitute—
"63.28 Bases of taxation
Subject to this Part, costs in a proceeding which are to be taxed must be taxed on—
(a)a standard basis;
(b)an indemnity basis; or
(c)such other basis as the Court may direct.".
12Party and party basis
Rule 63.29 of the Principal Rules is revoked.
13Rule 63.30 substituted
For Rule 63.30 of the Principal Rules substitute—
"63.30 Standard basis
Subject to Rule 63.00.1, on a taxation on a standard basis, all costs reasonably incurred and of reasonable amount must be allowed.".
14Rule 63.31 substituted
For Rule 63.31 of the Principal Rules substitute—
"63.31 Usual basis of taxation
Except as provided by these Rules or any order of the Court, including the Costs Court, costs must be taxed on the standard basis.".
15Revocation of Rules 63.32 and 63.33
r. 15
Rules 63.32 and 63.33 of the Principal Rules are revoked.
16Heading to Part 5 of Order 63 amended
In the heading to Part 5 of Order 63 of the Principal Rules omit "PARTY AND PARTY".
17Discretionary costs
For Rule 63.48(2) of the Principal Rules substitute—
"(2)In exercising the discretion under paragraph(1), the Costs Court must have regard to—
(a)the complexity of the matter;
(b)the difficulty or novelty of the questions involved in the matter;
(c)the skill, specialised knowledge and responsibility involved and the time and labour expended by the Australian lawyer or counsel;
(d)the number and importance of the documents prepared and perused, regardless of length;
(e)the amount or value of money or property involved;
(f)research and consideration of questions of law and fact;
(g)the general care and conduct of the Australian lawyer or counsel, having regard to the instructions and all relevant circumstances;
(h)the time within which the work was required to be done;
(i) allowances otherwise made in accordance with the Scale in AppendixA;
(j)any other relevant matter.".
18Rules 63.59 to 63.61 substituted
r. 18
For Rules 63.59 to 63.61 of the Principal Rules substitute—
"63.59 Basis of taxation of costs payable by client
Subject to Rule 63.60, costs payable to an Australian lawyer by the lawyer's client to which this Part applies must, subject to any Act or any order of the Court or any agreement between the lawyer and the client, be taxed on the standard basis as defined by Rule 63.30.
63.60Taxation between Australian lawyer and client
(1)Costs not reasonably incurred or not of reasonable amount may nevertheless be allowed to an Australian lawyer against a client if—
(a)the costs were incurred with the authority of or the amount was authorised by the client; and
(b)before the costs were incurred the Australian lawyer expressly warned the client that the costs might not be allowed on a taxation of costs as between party and party.
(2)An authority for the purpose of this Rule may be express or implied.
(3)Where the client is a person under disability, references to the client in paragraph (1) include references to the litigation guardian of the client.
63.61Basis of taxation of costs payable otherwise than by client
Costs payable to an Australian lawyer by a person other than the client to which this Part applies must, subject to any Act or any order of the Court or any agreement between that person and the client, be taxed on the standard basis as defined by Rule 63.30.".
19Rule 63.69 revoked
r. 19
Rule 63.69 of the Principal Rules is revoked.
20Rule 63.72 substituted
For Rule 63.72 of the Principal Rules substitute—
"63.72 Increase or decrease of amounts in Scale
In any particular taxation of costs, the Costs Court may increase or decrease the amount or value of any allowance or expense in Appendix A as the Costs Court thinks fit.".
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Part 3—Other Amendments
21Contents and form of notice of defence
For Rule 8.03(2)(c) of the Principal Rules substitute—
r. 21
"(c) state the name and address of the defendant and an address for service in Victoria at which documents required to be served on the defendant may be left; and".
22Notice of defence form amended
In Form 8A of the Principal Rules, for "theaddress in" substitute "the address of the defendant not being a post office box".
Dated:25 June 2013
PETER LAURITSEN,
Chief Magistrate
R OBERT KUMAR,
Deputy Chief Magistrate
LANCE I. MARTIN,
Deputy Chief Magistrate
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Magistrates' Court General Civil Procedure (Costs and Other Amendments) Rules 2013
S.R. No. 89/2013
ENDNOTES
Endnotes
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[i] Rule 4: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011, 2/2012, 28/2012, 109/2012, 158/2012 and 35/2013.