Magistrates' Court (Fees) Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Fees) Regulations 2012 S.R. No. 105/2012 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 1 5 Definitions 2 6 Exemption from these Regulations 2 7 Exemption from initiation fees in the criminal jurisdiction 2 8 Fees 3 __________________ SCHEDULE—Scale of Fees 4 PART 1—FEES PAYABLE IN CRIMINAL JURISDICTION 4 PART 2—FEES PAYABLE IN CIVIL JURISDICTION 5 PART 3—FEES PAYABLE GENERALLY IN THE COURT 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 105/2012 Magistrates' Court Act 1989 Magistrates' Court (Fees) Regulations 2012 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 26 September 2012 Responsible Minister: ROBERT CLARK Attorney-General MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe the fees payable in the Magistrates' Court of Victoria. 2 Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3 Commencement These Regulations come into operation on 29 September 2012. 4 Revocation The Magistrates' Court (Fees, Costs and Charges) Interim Regulations 20121 are revoked. -- 2 of 9 -- S.R. No. 105/2012 Magistrates' Court (Fees) Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 5 Definitions In these Regulations— the Act means the Magistrates' Court Act 1989; the Rules means the Magistrates' Court General Civil Procedure Rules 20102. 6 Exemption from these Regulations These Regulations do not apply to— (a) proceedings under the Family Violence Protection Act 2008; (b) proceedings under the Maintenance Act 1965; (c) proceedings under the Personal Safety Intervention Orders Act 2010; (d) a judgment debtor filing for an application for an instalment order, or an instalment agreement or an application for variation or cancellation of an instalment order under section 6, 7 or 8 of the Judgment Debt Recovery Act 1984. 7 Exemption from initiation fees in the criminal jurisdiction The following persons or class of persons are exempt from paying the fees set out in Part 1 and item 3.2 of the Schedule— (a) a member of the police force acting in the course of his or her duty; (b) a person acting for or by authority of the Crown; (c) a person acting for or by authority of a municipal council where the proceeding relates to public health; r. 5 -- 3 of 9 -- S.R. No. 105/2012 Magistrates' Court (Fees) Regulations 2012 3 Authorised by the Chief Parliamentary Counsel (d) a POCTA inspector within the meaning of the Prevention of Cruelty to Animals Act 1986 acting in the course of his or her duty; (e) a person authorised under section 24ZW of the Prevention of Cruelty to Animals Act 1986 to file a charge for an offence referred to in that section. 8 Fees The fees payable for proceedings in the Magistrates' Court are the fees set out in the Schedule . __________________ r. 8 -- 4 of 9 -- S.R. No. 105/2012 Magistrates' Court (Fees) Regulations 2012 4 Authorised by the Chief Parliamentary Counsel SCHEDULE SCALE OF FEES PART 1—FEES PAYABLE IN CRIMINAL JURISDICTION COMMENCEMENT OF PROCEEDINGS 1.1 For the filing of a charge sheet to answer to a single charge 5·7 fee units 1.2 For the filing of a charge sheet to answer to multiple charges 8·6 fee units 1.3 For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have a single lodgeable infringement offence heard and determined in the Court 5·7 fee units 1.4 For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have multiple lodgeable infringement offences heard and determined in the Court 8·6 fee units APPLICATIONS UNDER THE ROAD SAFETY ACT 1986 1.5 Filing an application under section 50(4) of the Road Safety Act 1986 for an order as to the issue of a drivers licence or permit 7·7 fee units 1.6 Filing an application under section 50(4) of the Road Safety Act 1986 for an order under section 50(4D) reducing the period set out in section 50(4B)(a) in which an assessment report must be obtained from an accredited agency 5·9 fee units Sch. -- 5 of 9 -- S.R. No. 105/2012 Magistrates' Court (Fees) Regulations 2012 5 Authorised by the Chief Parliamentary Counsel PART 2—FEES PAYABLE IN CIVIL JURISDICTION COMMENCEMENT OF CIVIL PROCEEDINGS 2.1 For filing every complaint, counterclaim or third party notice where the amount claimed is for monetary relief that does not exceed $1000 or where the claim is one other than for monetary relief 10·2 fee units 2.2 For filing every complaint, counterclaim or third party notice where the amount claimed exceeds $1000 but does not exceed $10 000 21·3 fee units 2.3 For filing every complaint, counterclaim or third party notice where the amount claimed exceeds $10 000 but does not exceed $40 000 32·4 fee units 2.4 For filing every complaint, counterclaim or third party notice where the amount claimed exceeds $40 000 48·6 fee units ORDER 2.5 Request for order 3 fee units APPLICATIONS AND ENFORCEMENT PROCESS 2.6 For filing an interlocutory application 10·6 fee units 2.7 For every application by a judgment creditor under section 6 or 8 of the Judgment Debt Recovery Act 1984 or filing by a judgment creditor of an instalment agreement under section 7 of that Act 5·6 fee units 2.8 For filing an application for an attachment of earnings order under Order 72 of the Rules 10 fee units 2.9 For filing an application for registration of an interstate judgment 4·8 fee units Sch. -- 6 of 9 -- S.R. No. 105/2012 Magistrates' Court (Fees) Regulations 2012 6 Authorised by the Chief Parliamentary Counsel ORAL EXAMINATION 2.10 For filing a summons for oral examination including examination of the judgment debtor under Order 67 of the Rules 7 fee units MEDIATION 2.11 For every mediation session conducted by a Registrar under Order 50 of the Rules 18·1 fee units 2.12 For every mediation session conducted by a Judicial Registrar 31·4 fee units HEARING FEES 2.13 For hearing at trial or arbitration after the first day—for every day or part of a day Note: For the purpose of this item any hearing at trial or arbitration of less than 2 hours on the first day does not count as the first day. 41·7 fee units ISSUE OF WARRANTS TO ENFORCE ORDERS 2.14 For each warrant issued 1·2 fee units PART 3—FEES PAYABLE GENERALLY IN THE COURT ISSUE OF ORDERS AND CERTIFICATES AND FILING OF SUMMONS TO WITNESS AND SUBPOENA 3.1 For each order or certificate issued or supplied 1·4 fee units 3.2 For each summons to witness or subpoena to witness issued 3·4 fee units PREPARATION OF DOCUMENTS BY A REGISTRAR 3.3 For preparation by a registrar of a summons, warrant, certificate or other document 1·9 fee units Sch. -- 7 of 9 -- S.R. No. 105/2012 Magistrates' Court (Fees) Regulations 2012 7 Authorised by the Chief Parliamentary Counsel SEARCHING, RETRIEVING AND PHOTOCOPYING FEES 3.4 For searching a database, inspecting a register, retrieving a document or accessing any material filed, lodged or produced to or held by the court, for each request 1·71 fee units 3.5 If the search, inspection, retrieval or accessing referred to in item 3.4 involves the retrieval of files held offsite an additional fee of 1 fee unit per file 3.6 For photocopying or printing any document 60c per page ═══════════════ Sch. -- 8 of 9 -- S.R. No. 105/2012 Magistrates' Court (Fees) Regulations 2012 8 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 59/2012. 2 Reg. 5: definition of the Rules: S.R. No. 140/2010 as amended by S.R. Nos 152/2010, 36/2011, 149/2011, 2/2012 and 28/2012. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2012 is $12.53. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 9 of 9 --