Victorian Numbered Regulations

MAGISTRATES' COURT (MISCELLANEOUS CIVIL PROCEEDINGS) (ARBITRATION COSTS AMENDMENT) RULES 2019 (SR NO 81 OF 2019) - REG 7

For Rule 2.08 of the Principal Rules substitute —

        " 2.08     Costs in respect of an arbitration if no offer of compromise served

    (1)     This Rule applies if no offer of compromise is served in a proceeding referred to arbitration.

    (2)     For the purposes of section 105(2) of the Act, the Court may award, to a party in the proceeding, costs in respect of the arbitration in accordance with Appendix AA.

        2.09     Costs in respect of an arbitration if offer of compromise served by plaintiff in the proceeding

    (1)     This Rule applies if a plaintiff in a proceeding referred to arbitration—

        (a)     serves an offer of compromise on a defendant in the proceeding that is not accepted by the defendant; and

        (b)     is awarded an amount in the arbitration that is no less favourable than that stated in the offer of compromise.

    (2)     For the purposes of section 105(2) of the Act, the Court may award to the plaintiff costs in respect of the arbitration (which the defendant must pay to the plaintiff) in accordance with Appendix AB.

        2.10     Costs in respect of an arbitration if offer of compromise served by defendant in the proceeding

    (1)     This Rule applies if a defendant in a proceeding referred to arbitration—

        (a)     serves an offer of compromise on the plaintiff in the proceeding that is not accepted by the plaintiff; and

        (b)     the plaintiff is awarded an amount in the arbitration that is less favourable than that stated in the offer of compromise.

    (2)     For the purposes of section 105(1) and (2) of the Act, the Court may award costs in respect of the arbitration as follows—

        (a)     to the defendant (which the plaintiff must pay to the defendant) in accordance with Appendix AC;

        (b)     to the plaintiff (which the defendant must pay to the plaintiff) in accordance with Appendix AC.

        2.11     Disbursements

In addition to the costs that may be awarded under Rule 2.08, 2.09 and 2.10, the Court may award to a party in the proceeding money properly paid or payable out of pocket and the expenses of witnesses and interpreters.".