Supreme Court (Fees) Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Fees) Amendment Regulations 2014 S.R. No. 123/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Definitions 2 6 When fees are payable 3 7 Payment of hearing fees 3 8 New regulation 8A inserted 3 8A Payment of setting down and entry to list fees 3 9 Fees 4 10 New Part 1A inserted into Schedule 6 PART 1A—FEES PAYABLE IN THE COMMERCIAL COURT 6 11 Fees payable in the Office of the Registrar of Probates 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 123/2014 Supreme Court Act 1986 Supreme Court (Fees) Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 16 September 2014 Responsible Minister: ROBERT CLARK Attorney-General CHIARA EDWARDS Acting Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Supreme Court (Fees) Regulations 2012 to provide for a new fee structure for the Court of Appeal and the Commercial Court. 2 Authorising provision These Regulations are made under section 129 of the Supreme Court Act 1986. 3 Commencement These Regulations come into operation on 22 September 2014. -- 2 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Supreme Court (Fees) Regulations 2012 1 are called the Principal Regulations. 5 Definitions (1) In regulation 5 of the Principal Regulations— (a) in the definition of Chapter III for "2004" substitute "2014"; (b) in the definition of Chapter V for "2003" substitute "2013"; (c) the definition of Commercial List is revoked; (d) for the definition of hearing fee substitute— "hearing fee means the fee payable for a hearing under item 1.15, 1.16A, 1A.11, 1A.12 or 1A.13 of the Schedule;". (2) In regulation 5 of the Principal Regulations insert the following definitions— "commencement of an appeal includes an application for leave to appeal; entry to list fee means the fee payable for entry of a matter into a list under item 1.11 or 1A.8 of the Schedule; excluded proceeding means— (a) a proceeding under Chapter V where, in accordance with that Chapter, application is made to an Associate Judge or a judicial registrar in the first instance; or (b) a proceeding in the Arbitration List; r. 4 -- 3 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel Judge managed list of the Commercial Court means the following— (a) the Admiralty List; (b) the Arbitration List; (c) the Commercial List; (d) the Corporations List; (e) the Intellectual Property List; (f) the Taxation List; (g) the Technology, Engineering and Construction List (TEC List); (h) any other list in the Commercial Court managed by a Judge of the Court; setting down fee means the fee payable for setting a matter down for hearing under item 1.11, 1.12 and 1A.10 of the Schedule.". 6 When fees are payable In regulation 7 of the Principal Regulations after "hearing fee" insert ", a setting down fee or an entry to list fee". 7 Payment of hearing fees In regulation 8(3) of the Principal Regulations after "Court" insert "or, if no notice is issued, by the day of hearing". 8 New regulation 8A inserted After regulation 8 of the Principal Regulations insert— "8A Payment of setting down and entry to list fees (1) Subject to any order of the Court, a setting down fee or an entry to list fee in relation to any proceeding is payable by the plaintiff r. 6 -- 4 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel or other party seeking the hearing or the entry of a matter to a list. (2) A setting down fee must be paid— (a) on the filing of the notice of trial; or (b) if no notice of trial is required, within 28 days of the order setting the matter down for trial. (3) An entry to list fee must be paid at the time the matter is entered into the relevant list.". 9 Fees (1) In the heading to Part 1 of the Schedule to the Principal Regulations after "OFFICE" insert "AND COURT OF APPEAL REGISTRY OTHER THAN FEES IN THE COMMERCIAL COURT". (2) After the heading to Part 1 of the Schedule to the Principal Regulations insert— "The fees in this Part apply in relation to all proceedings in the Court except— (a) any proceeding in the Commercial Court under Part 1A; and (b) fees payable in the office of the Registrar of Probates under Part 2.". (3) In the Schedule to the Principal Regulations— (a) in item 1.1 omit "Chapter IV, Chapter V,"; (b) in item 1.8 for "including" substitute "other than in"; (c) after item 1.8 insert— "1.8A Commencement of an interlocutory application within a proceeding in the Court of Appeal 60 fee units". r. 9 -- 5 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel (4) For items 1.11 and 1.12 of the Schedule to the Principal Regulations substitute— "1.11 Setting down or otherwise entering a proceeding (other than an appeal to the Court of Appeal) into a list 88·5 fee units Note The setting down fee includes the fee for the first day of hearing 1.12 Setting down an appeal to the Court of Appeal 154 fee units Note The setting down fee includes the fee for the first day of hearing". (5) In item 1.13 of the Schedule to the Principal Regulations— (a) in paragraph (b) for "II; or" substitute "II"; (b) paragraph (c) is revoked. (6) In item 1.14 of the Schedule to the Principal Regulations for "or the Personal Injuries List." substitute ", the Personal Injuries List, the Major Torts List, the Professional Liability List or the Probate List". (7) In item 1.15 of the Schedule to the Principal Regulations omit "hearing an appeal by the Court of Appeal or for". (8) After item 1.16 of the Schedule to the Principal Regulations insert— "1.16A For hearing an appeal by the Court of Appeal— for day 2 and subsequent days—per day or part of a day 102 fee units". r. 9 -- 6 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel 10 New Part 1A inserted into Schedule After Part 1 of the Schedule to the Principal Regulations insert— "PART 1A—FEES PAYABLE IN THE COMMERCIAL COURT The fees in this Part apply to any proceeding in the Commercial Court. COMMENCEMENT OF PROCEEDINGS 1A.1 Commencement of any proceeding (other than an appeal) under Chapter I, Chapter II, Chapter V, Chapter VII or Chapter VIII 74·9 fee units 1A.2 Commencement of— (a) a counterclaim under Order 10 of Chapter I; or (b) a third party proceeding; or (c) a claim by a third or subsequent party under Order 11 of Chapter I 74·9 fee units 1A.3 Commencement of an appeal to a single Judge of the Court 30 fee units INTERLOCUTORY APPLICATIONS 1A.4 Commencement of an interlocutory application within a proceeding other than a proceeding in a Judge managed list of the Commercial Court 27·3 fee units r. 10 -- 7 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 7 Authorised by the Chief Parliamentary Counsel 1A.5 Commencement of an interlocutory application within a proceeding in a Judge managed list of the Commercial Court other than an excluded proceeding 60 fee units 1A.6 Commencement of an interlocutory application within an excluded proceeding in a Judge managed list of the Commercial Court 27·3 fee units JUDGMENTS IN DEFAULT 1A.7 Filing judgment in default of appearance or defence 27·3 fee units ENTRY INTO LIST 1A.8 Entering a proceeding, other than an excluded proceeding, into a Judge managed list of the Commercial Court (including a summons for directions) 217·9 fee units 1A.9 No fee is payable for entering a proceeding under Part 2 of Order 7 of Chapter II into the Taxation List SETTING DOWN FOR TRIAL 1A.10 For setting down a proceeding for trial 88·5 fee units Note The setting down fee includes the fee for the first day of hearing r. 10 -- 8 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 8 Authorised by the Chief Parliamentary Counsel HEARING FEES 1A.11 For hearing a trial (a) for days 2 to 4—per day or part of a day; 50 fee units (b) for days 5 to 9—per day or part of a day; 90 fee units (c) for day 10 and subsequent days—per day or part of a day; 140 fee units 1A.12 For hearing a public examination under Chapter V—per day or part of a day 50 fee units 1A.13 For hearing by a single Judge of an appeal—per day or part of a day 60 fee units TAKING ACCOUNTS, ASSESSMENTS, ETC. 1A.14 Attendance before an Associate Judge, a judicial registrar or a Court official for the purpose of investigation, inquiry or assessment, including the taking of accounts, in respect of each day's attendance before the Associate Judge, judicial registrar or Court official— (a) for the first hour or part of an hour the Associate Judge, judicial registrar or Court official is occupied; 29·7 fee units (b) for each subsequent hour or part of an hour the Associate Judge, judicial registrar or Court official is occupied 14·8 fee units r. 10 -- 9 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 9 Authorised by the Chief Parliamentary Counsel MEDIATION 1A.15 For every sitting of a Judge, an Associate Judge, a judicial registrar or a Court official at mediation—per half day or part thereof 30 fee units SEALING DOCUMENTS 1A.16 Sealing any document or certificate other than— (a) a copy required for service; or (b) a judgment, order or warrant; or (c) a document under Rule 7.13(1) of Chapter I; or (d) a certificate under Rule 80.16 of Chapter I; or (e) any document or certificate for which a separate fee is prescribed by these Regulations or any other Regulations 3·8 fee units __________________". 11 Fees payable in the Office of the Registrar of Probates In item 2.1(a) of the Schedule to the Principal Regulations for "2A.03 or Rule 4A.03" substitute "2.03 or Rule 4.03". ═══════════════ r. 11 -- 10 of 11 -- S.R. No. 123/2014 Supreme Court (Fees) Amendment Regulations 2014 10 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 145/2012 as amended by S.R. Nos 1/2013 and 117/2013. Endnotes -- 11 of 11 --