23 September 2016

It’s not about the money, money, money

Litigation
Victoria

Asked

What Magistrates' Court scale applies when claiming equitable relief; that is with no monetary value?

Answered

Thank you for the question.

The scale of costs set out in Appendix A of the Magistrates' Court General Civil Procedure Rules 2010 applies, even where there is no monetary relief sought.

If the parties cannot agree as to the scale claim amount that should be applied, the court will, either at the hearing or within a reasonable time after the hearing, fix the scale claim amount which is to apply. See reg 63.00.2 of the Magistrates' Court General Civil Procedure Rules 2010.

Regards

Mentor