Magistrates' Court (Fees, Costs and Charges) Regulations 2001

i Magistrates' Court (Fees, Costs and Charges) Regulations 2001 S.R. No. 68/2001 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 1 5. Definitions 2 6. Exemption from these Regulations 2 7. Fees, costs and charges 2 __________________ SCHEDULE—Regulations revoked 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2001 S.R. No. 68/2001 Magistrates' Court Act 1989 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 10 July 2001 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE 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 provisions These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3. Commencement These Regulations come into operation on 17 July 2001. 4. Revocation -- 2 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 2 The Regulations in the Schedule are revoked. 5. Definitions In these Regulations— "the Act" means the Magistrates' Court Act 1989; "the Rules" means the Magistrates' Court Civil Procedure Rules 19991 . 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; (d) a person acting for or by the authority of the Secretary to the Department of Infrastructure, a municipal council or a person authorised by a municipal council under any Act relating to public health; (e) proceedings under the Maintenance Act 1965; (f) proceedings under the Crimes (Family Violence) Act 1987; (g) 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 r. 4 -- 3 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 3 The following fees, costs and charges are payable for proceedings in the Magistrates' Court— TABLE No. Subject Matter Fee Fees relating solely to the criminal jurisdiction INITIATION 1. (a) For every summons on a single charge $35.00 (b) For every summons with multiple charges $55.00 2. 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 $65.00 3. Filing an application under section 50(4D) of the Road Safety Act 1986 for reducing the period set out in section 50(4B)(a) in which an assessment report must be obtained from an accredited agency $30.00 Fees relating solely to the civil jurisdiction 4. 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 $60.00 (b) where the amount claimed exceeds $1000 but does not exceed $10 000 $125.00 (c) where the amount claimed exceeds $10 000 $190.00 No. Subject Matter Fee r. 7 -- 4 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 4 5. ORDER Request for order $15.00 6. 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; (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 agreement under section 7 of that Act; (e) an application for an attachment of earnings order under Part 5 of Order 27 of the Rules. $30.00 No. Subject Matter Fee 7. FEE REDUCTION FOR r. 7 -- 5 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 5 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. 8. 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. $180.00 9. ORAL EXAMINATION Oral examination, under Part 4A of Order 27 of the Rules, before a Registrar $60.00 10. ISSUE OF WARRANTS TO ENFORCE ORDERS For each warrant issued $15.00 Fees with general application in the Court ISSUE OF ORDERS AND CERTIFICATES AND FILING OF SUMMONS TO WITNESS 11. For each order or certificate issued or supplied $25.00 12. For each summons to witness issued $7.00 No. Subject Matter Fee 13. PREPARATION OF DOCUMENTS BY A REGISTRAR r. 7 -- 6 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 6 For preparation by a registrar of a summons, warrant, certificate or other document $15.00 14. 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 $10.00 Fees and Costs for enforcement of infringement penalties 15. ENFORCEMENT FEE For every infringement penalty filed under clause 4(1) of Schedule 7 to the Act $37.50 16. WARRANT ISSUE FEE For the purposes of clause 8(1A) of Schedule 7 to the Act, the prescribed fee for the issue of a penalty enforcement warrant or a warrant to seize property is $43.00 17. COURTESY LETTER COSTS For the purposes of clause 3(2)(a) of Schedule 7 to the Act, the prescribed costs are $17.00 No. Subject Matter Fee 18. REGISTRATION COSTS For the purposes of clause 5(3)(b) of r. 7 -- 7 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 7 Schedule 7 to the Act, the prescribed costs are And, if a Registrar registers an infringement penalty and no fee is payable because of an exemption contained in these Regulations, the amount of the fee that, but for the exemption, would have been payable. $20.50 __________________ r. 7 -- 8 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 8 SCHEDULE REGULATIONS REVOKED 1. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1990, S.R. No. 408/1990 2. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1991, S.R. No. 291/1991 3. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1993, S.R. No. 9/1993 4. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1994, S.R. No. 136/1994 5. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1995, S.R. No. 120/1995 6. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1996, S.R. No. 35/1996 7. Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1996, S.R. No. 108/1996 8. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1997, S.R. No. 133/1997 9. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1998, S.R. No. 106/1998 10. Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998, S.R. No. 137/1998 11. Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 2000, S.R. No. 6/2000 12. Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 2000, S.R. No. 43/2000. ═══════════════ Sch. -- 9 of 10 -- S.R. No. 68/2001 Magistrates' Court (Fees, Costs and Charges) Regulations 2001 9 ENDNOTES 1 Rule 5: S.R. No. 58/1999. Reprint No. 1 as at 1 July 2000. Subsequently amended by S.R. Nos 89/2000 and 133/2000. Endnotes -- 10 of 10 --