New Magistrates Court Rules to Take Effect on 16 May 2009

The Magistrates Court Civil Procedure Rules 2009 came into effect on 16 May 2009, as the former Magistrates Court Civil Procedure Rules 1999 expired under section 5 of the Subordinate Legislation Act 1994.

The new rules contain a few changes from the former Magistrates Court Civil Procedure Rules 1999, including:

Rule 19A.03 contains new definitions for “dentist,” “medical practitioner,” and “psychologist;”
Rule 20.07 removed references to “medical referee;”
Order 20 no longer allows the application to refer a question to a medical referee (former Rule 20.10);
Forms 20D, 20E, 20F, 20G, 20H, 20J, and 20K have been deleted;
Order 27.01 contains new definitions for “earnings” and “net earnings;”
Order 32.07 removed reference to the Public Account Act 1958 (now repealed);
Consequent amended numbering and ordering of various paragraphs in the rules as a result of deletions.

The new rules have also incorporated amendments made to the Magistrates Court Civil Procedure Rules 1999, which were effective from 27 April 2009, including:

Rule 3.05(4) was amended to allow all documents filed with the court to be double-sided;
Rule 21.06 was amended to provide for the parties to serve their assessors’ reports (or like documents) on one another in matters referred to arbitration;
Item 82 of Appendix A was amended to provide for costs of witnesses giving evidence as motor vehicle loss assessors.

The new rules apply, with any necessary modification, to proceedings that were pending before the new rules came into effect on 16 May 2009, as well as to proceedings issued thereafter (Rule 1.06).

Enforcement processes issued under the former rules can be continued in accordance with the former rules (Rule 1.08).

Costs for work done before the new rules came into effect on 16 May 2009 will be determined in accordance with the former rules, and thereafter in accordance with the new rules (rule 1.09).

http://www.austlii.edu.au/au/legis/vic/consol_reg/mccpr2009409/s1.09.html