VIEW SUMMARY
The legislation that is being viewed is valid for 29 Feb 2012.

Magistrates Court (Civil Division) Rules 1998  (S.R. 1998, No. 25)
Requested: 1 Nov 2014
Consolidated:29 Feb 2012


INFORMATION
Notes:Not specified
Links:Not specified
Table of Amending Instruments: (click to view Table of Amendments)
Responsible Minister and Department:Not specified
CONTENTS
Magistrates Court (Civil Division) Rules 1998
Part 1 - Preliminary
1. Short title
2. Commencement
3. Interpretation
Part 2 - Practice and procedure
4. Conduct of Court proceedings
5. Order to give effect to rules
6. Delay in conduct of proceedings
7. Saving of costs
8. Costs for default
9. Practice directions
10. Directions as to practice and procedure
Part 3 - Actions
Division 1 - Parties to an action
11. Identity of party
12. Amendment of parties
13. Parties joined in an action
14. Partners in firms
15. Trustees
16. Representation order
17. Consent to representation order
18. Directions hearing in relation to representation order
19. Practitioner acting on behalf of a party
19A. Body of persons acting in proceedings
Division 2 - Persons under disability
20. Litigation guardian for person under disability
21. Appointment of litigation guardian
22. Particulars of litigation guardian
23. Application for order approving settlement of action by person under disability
24. Settlement of action by person under disability
Division 3 - Commencement of action
25. Action to be commenced by claim
26. Time for service of claim
27. Dividing causes of action
Division 4 - Personal injuries actions
28. Claimant's duties before action is commenced
29. Requirements on commencing action
Division 5 - Course of action
30. Registry in which action to proceed
31. Abandonment of claim
32. Discontinuance of action
33. Dismissal of action
34. Joining of actions
35. Actions arising out of similar circumstances
36. Powers of amendment
37. Power to extend or shorten time limits
38. Abuse of process
Division 6 - Filing and service of process
39. Documents to be filed and served
40. Manner of service
40A. Service by registered post
40B. Change of address
41. Time of service
42. Substituted service
43. Proof of service
Division 7 - Pleadings
44. Pleadings
45. Amendment of pleadings
46. Request for better particulars
47. Admissions
48. Defence
49. Objection to jurisdiction
50. Counterclaim and set-off
51. Defence to counterclaim or set-off
52. Third party claims
53. Contribution between defendants
54. Interpleader
Division 8 - Affidavits
55. Form of affidavit
56. Contents of affidavit
57. Affidavits made by 2 or more persons
58. Affidavits by persons not natural persons
59. Affidavits by illiterate or blind persons
60. Alterations in affidavits
61. Scandalous material
62. Affidavits sworn within Australia
63. Affidavit sworn before practitioner or agent
Division 9 - Discovery, inspection and admissions
64. Discovery
65. Production of documents
66. Inspection of discovered documents
67. Limitation of certain documents in evidence
68. Interrogatories
69. Orders against non-parties
Division 10 - Applications
70. Application by party
71. Making an application
72. Service of application
73. Other means of making application
74. Hearing an application
75. Non-attendance on applications
Division 11 - Orders
76. Orders generally
77. Formal order
78. Order by consent
79. Judgment for non-compliance with order
Part 4 - Conferences and hearings
80. Conference or hearing held in course of action
80A. Appointment of conciliators
81. Attendance of parties
82. Inability to attend in person
83. Judgment may be entered if party fails to attend
84. Applications made at conference or hearing
85. Orders at conference or hearing
86. Confidentiality of offers and admissions
87. Conciliation conference
88. Adjournment of conciliation conference
88A. Delegation by registrar
Part 5 - Offers of compromise and payments into Court
89. Offer of compromise
90. Withdrawal or variation of offer of compromise
91. Acceptance of offer of compromise
92. Payment into Court
93. Notice of payment into Court
94. Notice of acceptance of payment into Court
95. Payment out of Court
96. Confidentiality of offers and payments into Court
Part 6 - Trial
97. Notice of trial
98. Claims to be heard together
99. Orders at trial
100. Expedited hearing
101. Witness not required to attend trial
102. Summons to witness
103. Examination of witnesses on commission
104. Witness fees
105. Expert evidence
106. Admission of formal evidence and evidence not in dispute
107. Objection to notice
108. Exhibits
109. Non-attendance at trials
Part 7 - Judgment
110. Date of judgment
111. Reasons for judgment
112. Setting aside or varying final judgment
113. Setting aside or varying interlocutory judgments
114. Judgment by consent
115. Summary judgment
116. Judgment in default of defence
117. Amount of default judgment
118. Claim for property repair or loss
119. Hearing of default assessments
Part 8 - Enforcement of judgments
Division 1 - Enforcement process
120. Issue of enforcement process
121. Enforcement process on certain judgments
122. Service of enforcement process
123. Application to set aside or vary enforcement process
124. Cross-judgments
Division 2 - Attachment of debts
125. Interpretation and application of Division 2
126. Attachment of debts
127. Provisional garnishee order
128. Service of provisional order
129. Final order
129A. Service of final order
129B. Service of order discharging provisional order
129C. Discharge of garnishee
129D. Costs
129E. Priority of orders
Division 2A - Attachment of wages and salaries
129F. Interpretation and application of Division 2A
129G. Provisional garnishee order for attachment of earnings
129H. Service of provisional garnishee order
129I. Final garnishee order
129J. Service of final garnishee order
129K. Service of order discharging provisional garnishee order
129L. Discharge of garnishee
129M. Costs of garnishee proceedings
129N. Priority of garnishee orders
Division 3 - Warrants
130. Warrant to seize and sell property
131. Seizure of property
132. Sale of property
133. Directions as to sale of property
134. Bailiff's duties and entitlements
135. Warrant of possession
136. Other claim over property seized
137. Bailiff's interpleader
Part 9 - Costs
Division 1 - Costs generally
138. Entitlement to costs
138A. Entitlement to disbursements
139. Complex action
140. Reserved costs
141. Consequences of not bettering offers or payments
142. Cost penalty for inadequate offer
143. Cost penalty for excessive claim
144. Security for costs
145. Costs of unsuccessful objections to evidence
Division 2 - Assessment of costs
146. Bill of costs
146A. Goods and services tax
147. Objection to bill of costs
148. Assessment of costs
149. Certificate of assessment
150. Review of assessment
Part 10 - Miscellaneous
151. Registrar's functions
152. Review of registrar's or conciliator's decision
153. Records of the Court
154. Certified copies of records
155. Access to documents
156. Numbering of actions
157. Opening hours of registry
158. Approved document exchange
159. Litigants Fund
160. Interest applicable to Litigants Fund
Schedule 1 - Costs and expenses
Part 1 - Routine actions
Part 2 - Complex actions
Part 3 - Costs endorsed on process

SCHEDULE 1 - Costs and expenses

Rules 25, 117, 127(3), 129G(4), 130, 138 and 139

PART 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