Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 S.R. No. 59/2012 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 2 5 Definitions 2 6 Exemption from these Regulations 2 7 Fees, costs and charges 3 8 Expiry 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 59/2012 Magistrates' Court Act 1989 Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 The Governor in Council makes the following Regulations: Dated: 28 June 2012 Responsible Minister: ROBERT CLARK Attorney-General YVETTE CARISBROOKE Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to prescribe— (a) the fees, costs and charges payable in respect of proceedings in the Magistrates' Court of Victoria; and (b) the fees and costs payable in respect of enforcement of infringement penalties. 2 Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3 Commencement These Regulations come into operation on 7 July 2012. -- 2 of 8 -- S.R. No. 59/2012 Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 2 Authorised by the Chief Parliamentary Counsel 4 Revocation The following Regulations are revoked— (a) the Magistrates' Court (Fees, Costs and Charges) Interim Regulations 20111 ; (b) the Magistrates' Court (Fees, Costs and Charges) Interim Amendment Regulations 2011 2 . 5 Definitions In these Regulations— the Act means the Magistrates' Court Act 1989; the Rules means the Magistrates' Court General Civil Procedure Rules 20103 . 6 Exemption from these Regulations These Regulations do not apply to, or with respect to— (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 the authority of the Secretary to the Department of Human Services or the Secretary to the Department of Health; (d) a person acting for or by the authority of— (i) the Secretary to the Department of Transport; or (ii) a municipal council or a person authorised by a municipal council under any Act relating to public health; (e) a POCTA inspector within the meaning of the Prevention of Cruelty to Animals Act 1986 acting in the course of his or her duty; r. 4 -- 3 of 8 -- S.R. No. 59/2012 Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 3 Authorised by the Chief Parliamentary Counsel (f) 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; (g) proceedings under the Maintenance Act 1965; (h) proceedings under the Family Violence Protection Act 2008; (i) proceedings under the Personal Safety Intervention Orders Act 2010; (j) a judgment debtor filing an application for an instalment order under section 7 of the Judgment Debt Recovery Act 1984. 7 Fees, costs and charges The following fees, costs and charges are payable for proceedings in the Magistrates' Court— Table of Fees, Costs and Charges No. Subject Matter Fee Fees relating solely to the criminal jurisdiction INITIATION 1. (a) For every summons to answer to a single charge 3·6 fee units (b) For every summons to answer to multiple charges 5·7 fee units 2. (a) 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 3·6 fee units (b) 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 5·7 fee units 3. 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 6·7 fee units r. 7 -- 4 of 8 -- S.R. No. 59/2012 Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 4 Authorised by the Chief Parliamentary Counsel No. Subject Matter Fee 4. 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 3·1 fee units Fees relating solely to the civil jurisdiction 5. COMMENCEMENT For filing every complaint, counterclaim or third party notice— (a) where the amount claimed is for monetary relief that does not exceed $1000 or where the claim is one other than for monetary relief 6·2 fee units (b) where the amount claimed exceeds $1000 but does not exceed $10 000 12·9 fee units (c) where the amount claimed exceeds $10 000 but does not exceed $40 000 19·6 fee units (d) where the amount claimed exceeds $40 000 29·4 fee units 6. ORDER Request for order 1·5 fee units 7. APPLICATIONS AND ENFORCEMENT PROCESS For filing an application, including an interlocutory application, and enforcement process including— (a) a summons under Part III of the Imprisonment of Fraudulent Debtors Act 1958; (b) a summons for oral examination; r. 7 -- 5 of 8 -- S.R. No. 59/2012 Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 5 Authorised by the Chief Parliamentary Counsel No. Subject Matter Fee (c) an application under the following sections of the Landlord and Tenant Act 1958— section 88(1) (for leave to give notice to quit); section 96(1) (to stay or suspend the execution or to vary discharge or rescind any judgment or order); section 101(1) (for order of consent to lease, sale or use of premises); (d) an application under section 6 or section 8 of the Judgment Debt Recovery Act 1984 or filing by a judgment creditor of an instalment agreement under section 7 of that Act; (e) an application for an attachment of earnings order under Order 72 of the Rules. 3·1 fee units 8. FEE REDUCTION FOR LODGMENT BY ELECTRONIC MESSAGE If a document is filed with the Court by the lodgment of an electronic message by an authorised user in accordance with the Rules, the fee payable for filing the document as set out in this Table is reduced by $3.00. 9. HEARING FEES 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 shall not count as the first day. 18·5 fee units 10. ORAL EXAMINATION Oral examination under Order 67 of the Rules 6·2 fee units 11. ISSUE OF WARRANTS TO ENFORCE ORDERS For each warrant issued 1·5 fee units r. 7 -- 6 of 8 -- S.R. No. 59/2012 Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 6 Authorised by the Chief Parliamentary Counsel No. Subject Matter Fee Fees with general application in the Court ISSUE OF ORDERS AND CERTIFICATES AND FILING OF SUMMONS TO WITNESS AND SUBPOENA 12. For each order or certificate issued or supplied 2·6 fee units 13. For each summons to witness or subpoena to witness issued $7.00 14. PREPARATION OF DOCUMENTS BY A REGISTRAR For preparation by a registrar of a summons, warrant, certificate or other document 1·5 fee units 15. INSPECTION OF A REGISTER For an inspection of a register under section 18(3) of the Act the prescribed fee for every 5 minutes or part thereof is 1 fee unit 8 Expiry These Regulations expire on 30 September 2012. ═══════════════ r. 8 -- 7 of 8 -- S.R. No. 59/2012 Magistrates' Court (Fees, Costs and Charges) Interim Regulations 2012 7 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(a): S.R. No. 54/2011 as amended by S.R. No. 90/2011. 2 Reg. 4(b): S.R. No. 90/2011. 3 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 -- 8 of 8 --