Australian Capital Territory
Magistrates Court Regulation 2009
Subordinate Law SL2009-24

The Australian Capital Territory Executive makes the following regulation under the Magistrates Court Act 1930.
Dated 27 May 2009.
Simon Corbell
Minister
John Hargreaves
Minister

Australian Capital Territory
Magistrates Court Regulation 2009
Subordinate Law SL2009-24
made under the
Magistrates Court Act 1930

    

Contents
	Page
	1	Name of regulation	1
	2	Commencement	1
	3	Notes	1
	4	Awarding costs in criminal matters—Act, s 244 (1) (d) (i)	1
	5	Costs in criminal matters—agreement by parties	2

1	Name of regulation
This regulation is the Magistrates Court Regulation 2009.
2	Commencement
This regulation commences on 30 May 2009.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Notes
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.
4	Awarding costs in criminal matters—Act, s 244 (1) (d) (i)
	(1)	In awarding costs, the court may order that the amount to be paid is the amount––
	(a)	decided by the court; or
	(b)	agreed by the parties.
	(2)	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).
	(3)	In working out costs under subsection (2) in accordance with the scale of costs—
	(a)	a reference to the registrar is taken to be a reference to the court, or the parties, as the case may be; and
	(b)	the amount allowed under an item in part 4.2 of the scale of costs is multiplied by 67%; and
	(c)	rule 4.12 (Costs—transitional) of the scale of costs does not apply.
5	Costs in criminal matters—agreement by parties
	(1)	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.
	(2)	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.
	(3)	The agreement must be signed by the parties or their solicitors.
	(4)	On the filing of the agreement, the agreed amount is taken to be the amount of costs to be paid.
	(5)	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).

Endnotes
1	Notification
	Notified under the Legislation Act on 28 May 2009.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009