11 MISCELLANEOUS RULES Rule 11.01 amended by S.R. No. 11/2014 rule 13 (ILA s. 39B(2)). 11.01 Civil registry courts (1) The civil registry courts are those venues of the Court listed in Appendix A to these Rules. Rule 11.01(2) inserted by S.R. No. 11/2014 rule 13(2). (2) Despite paragraph (1), in relation to a proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies, the civil registry courts are those venues of the Court listed in Appendix B to these Rules. 11.02 Jurisdiction of Neighbourhood Justice Division For the purposes of section 4O(3)(d) of the Act, with respect to the civil jurisdiction of the Court, the following are specified— proceeding under the Fences Act 1968; and proceeding under the Family Law Act 1975 of the Commonwealth in which the Court has federal jurisdiction under section 39(6) or 69J of that Act. 11.03 General power of amendment For the purpose of determining the real question in issue between the parties to any proceeding, or of correcting any defect or error in any proceeding,
II CHAPTER II RULE 3.03 3A 1992 ORDER IN THE MAGISTRATES' Court Number OF AT BETWEEN A.B. Plaintiff (full name) OF (address of plaintiff) and C.D. Defendant (full name) OF (address of defendant) Magistrate: Date of Nature of complaint: How obtained: [state whether on hearing or arbitration or on application before hearing, identifying party filing application] CHAPTER
IF YOU DO NOT obtain to defend this claim and do not reach agreement with the plaintiff relating to the time for payment after an order (judgment) against you, you may apply to the Court for an order permitting you to pay that order (judgment) by instalments. The Court will consider your application and advise you of the outcome. The Court's registrars will be able to provide you with information about the process to apply for an order for payment of the judgment debt by instalments. * Delete if inapplicable. __________________ New Form 9B inserted by S.R. No. 4/2015 rule 5. CHAPTER II RULE 9.04(3) Form 9B Application for Leave to Defend (Instruments Act 1958) [heading as in Form 3A] THE DEFENDANT APPLIES for leave to defend this claim. * On [date] the sum of $ [amount] (being the sum claimed in the complaint) was paid into Court by the defendant. * The affidavit(s) of [names of deponents] setting out the facts upon which the defendant relies in the application are filed herewith. * Defendant * Defendant's Australian lawyer FILED: [e.g. 5 September, 20 ]. 1. This application was filed by—
IN THE MATTER of an application under section 52(1) of the Vexatious Proceedings Act 2014. I, [name], a person subject to an extended litigation restraint [identify the relevant order], apply under section 52(1) of the Vexatious Proceedings Act 2014 for leave to commence a proceeding *against a person or other entity protected by the order/*in respect of a matter described in the order. In accordance with section 53 of that Act, I contend that the proposed proceeding not be a vexatious proceeding and that there are reasonable grounds for the proposed proceeding, namely that: [set out the grounds in numbered paragraphs]. ORDERS SOUGHT The applicant 1. leave to commence a proceeding, namely, [set out full details of proposed proceeding for which leave is sought, including the names and addresses of all proposed parties]; 2. [set out any other orders sought]. ACCOMPANYING AFFIDAVIT This application is accompanied by an affidavit disclosing the details required section 56 of the Vexatious Proceedings Act 2014 as follows— (a) details of each application for leave to proceed made by the applicant; of each application for leave to commence or continue a proceeding made by the applicant under section 21 of the Supreme Court Act 1986, as in force immediately before its repeal;
1.1 For all professional costs including Australian lawyers' costs and fees to counsel— (a) where the amount awarded is $500 or more but does not exceed $3000 not more than $1493 for the first 2 hours of arbitration (b) where the amount awarded exceeds $3000 but is less than $5000 not more than $1610 for the first 2 hours of arbitration (c) if a is awarded costs only and the amount claimed in the complaint is $500 or more but does not exceed $3000 not more than $1493 for the first 2 hours of arbitration (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 $1610 for the first 2 hours of arbitration (e) where the amount awarded is $5000 or more but is less than $10 000 not more than $1725 for the first 2 hours of arbitration (f) if a party is awarded costs only and the amount claimed in the complaint exceeds $5000 but is less than $10 000 not more than $1725 for the first 2 hours of arbitration
This publication incorporates amendments made to the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 1) Rules 2011, S.R. No. 124/2011 Date of Making: 3.11.11 Date of Commencement: 3.11.11 Magistrates' Court (Miscellaneous Civil Proceedings) (Amendment No. 2) Rules 2012, S.R. No. 27/2012 Date of Making: 23.4.12 Date of Commencement: 25.4.12: rule 3 Magistrates' Court General Civil Procedure and Miscellaneous Civil Proceedings (Scale of Costs and Other Amendments) Rules 2012, S.R. No. 158/2012 Date of Making: 12.12.12 Date of Commencement: Rules 6, 7 on 1.1.13: rule 3 Magistrates' General Civil Procedure and Miscellaneous Civil Proceedings (Trans-Tasman Proceedings Amendment) Rules 2014, S.R. No. 11/2014 Date of Making: 1.4.14 Date of Commencement: 13–15 on 7.4.14: rule 3 Magistrates' (Chapters I and II Miscellaneous Amendments) Rules 2014, S.R. No. 70/2014 Date of Making: 18.6.14 Date of Commencement: Rules 18–24 on 1.7.14: rule 3 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs Amendment) Rules 2014, S.R. No. 106/2014 Date of Making: 25.7.14 Date of Commencement: 1.8.14: rule 3 Magistrates' Court (Vexatious Proceedings Amendments) Rules 2014, S.R. No. 203/2014 Date of Making: 30.10.14 Date of Commencement: Rules 4, 5 on 31.10.14: rule 3 Magistrates' Court (Miscellaneous Civil Proceedings) (Arbitration Costs and Forms Amendment) Rules 2015, S.R. No. 4/2015 Date of Making: 20.1.15 Date of Commencement: 1.2.15: rule 3