Magistrates Court Regulation 2009

This regulation is the Magistrates Court Regulation 2009.

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The following cards are prescribed:

a health care card issued under the Social Security Act 1991 (Cwlth);

a pensioner concession card issued under the Social Security Act 1991 (Cwlth);

a pensioner concession card issued in relation to a pension under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth);

a gold card.

In this section:

gold card means a card known as the Repatriation Health Card—For All Conditions that evidences a person’s eligibility, under the Veterans’ Entitlements Act 1986 (Cwlth) or the Military Rehabilitation and Compensation Act 2004 (Cwlth), to be provided with treatment for all injuries or diseases.

Any of the following circumstances are prescribed:

the person fails to pay 3 or more consecutive instalments in accordance with the plan;

the person fails to pay 6 or more instalments in accordance with the plan in any 12‑month period.

The following matters are prescribed:

any reasons given to the administering authority by the person about why they failed to make the payments as mentioned in section 3B or otherwise failed to comply with the plan;

whether it is likely the person will—

if a circumstance mentioned in section 3B applies—fail to pay further instalments in accordance with the plan; or

in any case—fail to comply with the plan in the future.

In awarding costs, the court may order that the amount to be paid is the amount––

decided by the court; or

agreed by the parties.

The amount to be paid must be worked out in accordance with the Court Procedures Rules 2006, schedule 4 (the scale of costs) as applied under subsection (3).

In working out the amount—

a reference to the registrar is taken to be a reference to the court or the parties; and

the amount allowed under an item in part 4.2 of the scale of costs is multiplied by 67%; and

rule 4.12 (Costs—transitional) of the scale of costs does not apply.

This section applies if the court orders, under section 4 (1) (b), that the amount of costs to be paid is the amount agreed by the parties.

If the party entitled to costs and the party liable for costs agree that the costs be set at a certain amount (the agreed amount), either party may file a written agreement to the costs being set at the agreed amount.

The agreement must be signed by the parties or their solicitors.

On the filing of the agreement, the agreed amount is taken to be the amount of costs to be paid.

If the parties cannot agree on the amount, the court may order that the registrar assess costs in accordance with the scale of costs as applied under section 4 (3) (b) and (c).