LOCAL COURT REGULATIONS 2016

NORTHERN TERRITORY OF AUSTRALIA LOCAL COURT REGULATIONS 2016 As in force at 3 November 2021 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 Part 2 When JPs may constitute the Court Division 1 Two or more JPs 3 Court constituted by 2 JPs ............................................................... 1 4 How Court to act when constituted by 2 or more JPs ...................... 2 Division 2 One JP 5 Court constituted by one JP............................................................. 2 6 One JP may perform Court's functions under the Bail Act 1982 ...... 3 Part 3 Fees 7 Fees ................................................................................................ 3 8 No fees for certain proceedings ....................................................... 3 9 Fees for Territory in civil proceedings .............................................. 3 10 Fees for parties in civil proceedings ................................................ 3 11 Fees for Territory in criminal proceedings ....................................... 4 12 Waiver of fee in case of hardship .................................................... 4 Schedule Fees ENDNOTES -- 1 of 11 -- -- 2 of 11 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 3 November 2021 ____________________ LOCAL COURT REGULATIONS 2016 Regulations under the Local Court Act 2015 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Local Court Regulations 2016. 2 Commencement These Regulations commence on the commencement of the Local Court Act 2015. Part 2 When JPs may constitute the Court Division 1 Two or more JPs 3 Court constituted by 2 JPs (1) For section 6(4) of the Act, the Court may be constituted by 2 or more JPs for the purpose of exercising the Court's criminal jurisdiction as mentioned in subregulations (2) and (3). (2) In proceedings relating to a charge of a summary offence, the Court constituted by 2 or more JPs may do either or both of the following: (a) anything preliminary to the hearing of the charge; (b) if there is no Judge available to constitute the Court to hear and determine the charge without the proceedings being unreasonably delayed – hear and determine the charge. (3) In proceedings relating to a charge of an indictable offence that is to be heard and determined summarily, the Court constituted by 2 or more JPs: -- 3 of 11 -- Part 2 When JPs may constitute the Court Division 2 One JP Local Court Regulations 2016 2 (a) may do anything preliminary to the hearing of the charge; but (b) cannot hear and determine the charge. 4 How Court to act when constituted by 2 or more JPs (1) If the Court is constituted by 2 or more JPs, both or all of them must be present and acting together. (2) If the Court is constituted by 2 JPs, the decision of the Court is: (a) the unanimous decision of both of them; or (b) if they cannot agree – the decision of the one who was first appointed as a JP. (3) If the Court is constituted by more than 2 JPs, the decision of the Court is: (a) the unanimous decision of all of them; or (b) the decision of a majority of them; or (c) if there is an equality of votes – the decision of the one who was first appointed as a JP. Division 2 One JP 5 Court constituted by one JP (1) For section 6(4) of the Act, the Court may be constituted by one JP for the purpose of exercising the Court's criminal jurisdiction as mentioned in subregulation (2). (2) In proceedings relating to a charge of a summary offence, the Court constituted by one JP may do either or both of the following: (a) anything preliminary to the hearing of the charge; (b) if the criteria mentioned in subregulation (3) are satisfied – hear and determine the charge. (3) The criteria for subregulation (2)(b) are that: (a) the offence is an offence against a law in force in the Territory; and (b) the offence is not punishable by a term of imprisonment; and (c) the maximum fine that may be imposed on an individual for the offence is not more than 10 penalty units; and -- 4 of 11 -- Part 3 Fees Local Court Regulations 2016 3 (d) the parties have given written consent to the charge being heard and determined by the Court constituted by one JP. 6 One JP may perform Court's functions under the Bail Act 1982 The Court may be constituted by one JP for the purposes of performing the Court's functions under the Bail Act 1982 (except as otherwise provided in that Act). Part 3 Fees 7 Fees (1) The Schedule prescribes the fees payable in relation to proceedings and for other matters listed in the Schedule. (2) The fees are specified in revenue units unless otherwise indicated. (3) The fees are payable: (a) to the Court unless otherwise specified; and (b) at the time specified in the Schedule. (4) This regulation is subject to regulations 8 to 12. 8 No fees for certain proceedings No fees are payable in relation to proceedings under the Domestic and Family Violence Act 2007 or the Personal Violence Restraining Orders Act 2016. 9 Fees for Territory in civil proceedings (1) This regulation applies in relation to a person acting in civil proceedings for or by the authority of the Territory. (2) The person is exempt from payment of the fees specified in the Schedule, items 1 and 2. (3) The person is entitled to recover an amount equal to the fee that would otherwise have been payable as part of a judgment debt as if it were a cost incurred. (4) On recovery of the judgement debt, the person must pay an amount equal to the fee to the Court. 10 Fees for parties in civil proceedings (1) This regulation applies in relation to the parties to civil proceedings. -- 5 of 11 -- Part 3 Fees Local Court Regulations 2016 4 (2) The parties are exempt from payment of the fees specified in the Schedule, item 4. 11 Fees for Territory in criminal proceedings (1) This regulation applies where criminal proceedings are commenced under the Act by: (a) a police officer in the officer's capacity as an officer; or (b) in relation to legislation that is administered by an Agency within the meaning of the Public Sector Employment and Management Act 1993: (i) an employee, as defined in that Act; or (ii) a Chief Executive Officer, as defined in that Act. (2) The officer, employee or Chief Executive Officer is exempt from payment of the fees specified in the Schedule, item 8, 9, 10, 11 and 13, unless otherwise ordered by the Court. 12 Waiver of fee in case of hardship A registrar may waive payment of all or part of any of the following fees, subject to any written directions given by the principal registrar, if satisfied that payment of the fee would cause financial hardship to the person otherwise required to pay it: (a) a fee specified in the Schedule, item 1, 2, 3, or 4; (b) a fee specified in the Schedule, item 8, that is prescribed for filing a complaint, information or application. -- 6 of 11 -- Schedule Fees Local Court Regulations 2016 5 Schedule Fees regulation 7 Fee (revenue units) Part 1 Civil Jurisdiction 1 Filing (Payable at time of filing) (a) Statement of claim or originating application under Part 7 of the Local Court (Civil Jurisdiction) Rules 1998 seeking monetary relief where the amount is: (i) more than $5 000 but less than $10 000 .......................... 232 (ii) $10 000 or more but less than $20 000 ............................ 355 (iii) $20 000 or more ............................................................... 435 (iv) an unspecified amount ..................................................... 435 (b) Statement of claim or originating application under Part 7 of the Local Court (Civil Jurisdiction) Rules 1998 other than a claim or application seeking monetary relief ............................. 232 (c) Statement of claim or originating application under Part 7 of the Local Court (Civil Jurisdiction) Rules 1998 seeking relief other than monetary relief in addition to, or as an alternative to, monetary relief where the amount to which the other than monetary relief is in addition, or is an alternative, is: (i) more than $5 000 but less than $10 000 .......................... 232 (ii) $10 000 or more but less than $20 000 ............................ 355 (iii) $20 000 or more ............................................................... 435 (iv) an unspecified amount ..................................................... 435 (d) Application for an interpleader order under Part 14 of the Local Court (Civil Jurisdiction) Rules 1998 ......................................... 126 (e) Application for an order under Part 18 of the Local Court (Civil Jurisdiction) Rules 1998 seeking preliminary discovery or discovery from a non-party ....................................................... 126 (f) Application for a re-hearing under Part 36 of the Local Court (Civil Jurisdiction) Rules 1998 .................................................. 271 (g) Notice of appeal under Part 37 of the Local Court (Civil Jurisdiction) Rules 1998 ........................................................... 115 (h) Application for the issue of a warrant ........................................ 62 -- 7 of 11 -- Schedule Fees Local Court Regulations 2016 6 (i) Application for an order under Chapter 2 of the Local Court (Civil Jurisdiction) Rules 1998 .................................................. 62 (j) Judgment filed for registration under section 105 of the Service and Execution of Process Act 1992 (Cth) ................................. 134 (k) Any other application ................................................................ 126 2 Taxation of costs (Payable at time of filing) Filing a bill of costs under Part 38 of the Local Court (Civil Jurisdiction) Rules 1998 ........................................................... 385 3 Orders (Payable on demand) Certified copy of order under Part 35 of the Local Court (Civil Jurisdiction) Rules 1998 ........................................................... 66 4 Inspection of court records (Payable at time of access or inspection) (a) Access to case file under section 29(2) of the Act .................... 22 (b) Inspection of judgment or order under section 30(1) of the Act 22 (c) Access to an exhibit admitted into evidence under section 31(2) of the Act ............................................................. 22 5 Service (Payable to bailiff on demand after service or 2 unsuccessful attempts to serve) Bailiff fee for service under rule 5 of the Local Court (General) Rules 2016 ............................................................................... 125 6 Execution of warrants (Payable to bailiff on execution of warrant) (a) Bailiff fee for execution of warrant of possession ...................... 136 (b) Bailiff fee for execution of warrant of seizure and sale where the value of property to be seized is: (i) less than $5 000 ............................................................... 91 (ii) $5 000 or more but less than $20 000 .............................. 136 (iii) $20 000 or more ............................................................... 180 (c) Bailiff fee for execution of other warrants .................................. 65 -- 8 of 11 -- Schedule Fees Local Court Regulations 2016 7 6A Court transcripts (Payable on demand) (a) Copy of transcript not on case file – per page ........................... 14 (b) Certification of copy of any transcript ......................................... 10 7 Photocopying (Payable on demand) Photocopying by Court staff – per page .................................... 2 Part 2 Criminal Jurisdiction 8 Filing (Payable at time of filing) Complaint, information, application ........................................... 87 Notice of appeal ........................................................................ 124 9 Issue of summons (Payable before summons issued) Issue of summons ..................................................................... 23 10 Service (Payable before service is attempted) Fee for service of summons, application, notice or order by bailiff ......................................................................................... 33 11 Warrants (Payable before warrant issued or executed) (i) for issue of warrant ........................................................... 52 (ii) for execution ..................................................................... 51 12 Orders for payment of money (Payable before order issued or executed) Order for payment of a fine or other sum of money (i) for issue of order .............................................................. 52 (ii) for execution ..................................................................... 51 12A Court transcripts (Payable on demand) (a) Copy of transcript not on case file – per page ........................... 14 (b) Certification of copy of any transcript ......................................... 10 -- 9 of 11 -- Schedule Fees Local Court Regulations 2016 8 13 Photocopying (Payable on demand) Photocopying of document in proceedings – per page ............. 2 14 Certificates of proceeding (Payable on demand) Certificate given under section 178 of the Evidence (National Uniform Legislation) Act 2011…………………………………………… 42 -- 10 of 11 -- ENDNOTES Local Court Regulations 2016 9 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Local Court Regulations (SL No. 16, 2016) Notified 29 April 2016 Commenced 1 May 2016 (r 2, s 2 Local Court Act 2015 (Act No. 15, 2015) and Gaz G1, 6 January 2016, p 9) Local Court Amendment Regulations 2016 (SL No. 28, 2016) Notified 1 July 2016 Commenced 1 July 2016 Local Court Amendment Regulations 2018 (SL No. 23, 2018) Notified 5 December 2018 Commenced 5 December 2018 Justice Legislation Amendment Regulations 2021 (SL No. 18, 2021) Notified 3 November 2021 Commenced 3 November 2021 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1, 2, 6, 8 and 11 and sch. 4 LIST OF AMENDMENTS r 12 sub No. 5, 2018, r 4 sch amd No. 28, 2016, r 3; No. 5, 2018, r 5; No. 18, 2021, r 5 -- 11 of 11 --