Supreme Court (Fees) Regulations 2001

i Supreme Court (Fees) Regulations 2001 S.R. No. 159/2001 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 1 5. Definition 2 6. Fees 2 __________________ SCHEDULES 3 SCHEDULE 1—Regulations revoked 3 SCHEDULE 2—Scale of fees 4 ═══════════════ -- 1 of 9 -- 1 STATUTORY RULES 2001 S.R. No. 159/2001 Supreme Court Act 1986 Supreme Court (Fees) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 18 December 2001 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe a scale of fees payable in respect of matters in the Supreme Court. 2. Authorising provision These Regulations are made under section 129 of the Supreme Court Act 1986. 3. Commencement (1) These Regulations (except clause 1.15 of Part 1 of Schedule 2) come into operation on 1 January 2002. (2) Clause 1.15 of Part 1 of Schedule 2 comes into operation on the day upon which section 6 of the Public Notaries Act 2001 comes into operation. 4. Revocation -- 2 of 9 -- S.R. No. 159/2001 Supreme Court (Fees) Regulations 2001 2 The Regulations in Schedule 1 are revoked. 5. Definition In these Regulations "Chapter" followed by Roman numerals means the Chapter of the Rules of the Supreme Court described by the Roman numerals. 6. Fees The fees payable in respect of matters in the Supreme Court are set out in Schedule 2. __________________ r. 4 -- 3 of 9 -- S.R. No. 159/2001 Supreme Court (Fees) Regulations 2001 3 SCHEDULES SCHEDULE 1 REGULATIONS REVOKED S.R. No. Title 241/1991 Supreme Court (Fees) Regulations 1991 295/1991 Supreme Court (Fees) (Amendment) Regulations 1991 5/1993 Supreme Court (Fees) (Amendment) Regulations 1993 137/1994 Supreme Court (Fees) (Amendment) Regulations 1994 51/1995 Supreme Court (Fees) (Amendment) Regulations 1995 116/1995 Supreme Court (Fees) (Further Amendment) Regulations 1995 135/1995 Supreme Court (Fees) (Schedule 1 Amendment) Regulations 1995 110/1996 Supreme Court (Fees) (Amendment) Regulations 1996 116/1997 Supreme Court (Fees) (Amendment) Regulations 1997 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 1/2000 Supreme Court (Fees) (Amendment) Regulations 2000 41/2000 Supreme Court (Fees) (Further Amendment) Regulations 2000 33/2001 Supreme Court (Fees) (Amendment) Regulations 2001 __________________ Sch. 1 -- 4 of 9 -- S.R. No. 159/2001 Supreme Court (Fees) Regulations 2001 4 SCHEDULE 2 SCALE OF FEES PART 1—FEES PAYABLE IN THE PROTHONOTARY'S OFFICE COMMENCEMENT OF PROCEEDINGS 1.1 Commencement of any proceeding (other than an appeal) under Chapter I, II, IV, V, VII or VIII. No fee is payable on commencement of a proceeding under— (a) Order 57, Rule 63.64, 75.05, 80.03(4) or 81.01 of Chapter I; or (b) Order 5, Order 6, Part 2 of Order 7 or Order 12 of Chapter II; or (c) Order 1 of Chapter IV; or (d) Rule 58.16 of Chapter I if the application is for leave to appeal under section 92 of the Magistrates' Court Act 1989 $610.00 1.2 Commencement of a counterclaim under Order 10 of Chapter I or a third party proceeding or a claim by a third or subsequent party under Order 11 of Chapter I $610.00 1.3 Commencement of an appeal— to the Court of Appeal other than to the Court of Appeal No fee is payable on commencement of an appeal— (a) from a judgment given or order made by a Master of the Supreme Court; or (b) from a judgment given or order made by a Master of the County Court; or (c) under section 92 of the Magistrates' Court Act 1989 (d) Parts 4, 5 and 6 of Order 58 of Chapter I $2500.00 $610.00 1.4 Filing a certificate under section 86(4) of the County Court Act 1958 or section 112(2) of the Magistrates' Court Act 1989 $265.00 INTERLOCUTORY APPLICATIONS Sch. 2 -- 5 of 9 -- S.R. No. 159/2001 Supreme Court (Fees) Regulations 2001 5 1.5 Commencement of an interlocutory application within a proceeding. No fee is payable on commencement of an interlocutory application in a proceeding under— (a) Rule 63.64, 75.05, 80.03(4) or 81.01 of Chapter I; or (b) Orders 5, 6 or 12 of Chapter II; or (c) Order 1 of Chapter IV; or (d) Section 92 of the Magistrates' Court Act 1989 $265.00 JUDGMENTS IN DEFAULT 1.6 Filing judgment in default of appearance or defence $265.00 ENTRY INTO LIST 1.7 Setting down or otherwise entering a proceeding into a list (other than the Building Cases List or the Commercial List) including the first day hearing fee. No fee is payable on entering a proceeding into a list under— (a) Parts 4, 5 and 6 of Order 58 and Rule 75.05 of Chapter I; or (b) Part 2 of Order 7 of Chapter II; or (c) Chapter V; or (d) Section 92 of the Magistrates' Court Act 1989 $600.00 1.8 Entering a proceeding into the Building Cases List or the Commercial List $1850.00 HEARING FEES 1.9 For hearing an appeal by the Court of Appeal or for hearing a trial by Judge or by Judge with jury— for every day or part of a day (except that where a fee has been paid under item 1.7 no fee is payable for the first day or first part of that day). No fee is payable in respect of a proceeding under Parts 4, 5 and 6 of Order 58 or Rule 75.05 of Chapter I or section 92 of the Magistrates' Court Act 1989 $310.00 1.10 For every sitting of a court official at mediation— for every hour or part of an hour No fee is payable in respect of a proceeding under section 92 of the Magistrates' Court Act 1989 $60.00 1.11 For every sitting of a court official at pre-trial conference— $60.00 Sch. 2 -- 6 of 9 -- S.R. No. 159/2001 Supreme Court (Fees) Regulations 2001 6 No fee is payable in respect of a proceeding under section 92 of the Magistrates' Court Act 1989 TAKING ACCOUNTS, ASSESSMENTS, ETC. 1.12 Attendance before a Master or court official for the purpose of investigation, inquiry or assessment, including the taking of accounts, in respect of each day's attendance before the Master or court official— for every hour or part of an hour the Master or court official is occupied $175.00 A Master or court official may require a deposit on account of the fee before proceeding with the reference or at any time during its conduct, and a memorandum of the deposit made must be delivered to the party making the deposit Settlement and signing a report of a Master or court official in any investigation, inquiry, assessment or taking of an account No fee is payable on passing accounts of a committee or receiver in the protective jurisdiction of the Court $115.00 ADMISSION OF BARRISTERS AND SOLICITORS 1.13 Authentication of an order for the admission of a person to practise as a barrister and solicitor of the Supreme Court $190.00 1.14 Certificate sealed by the Prothonotary that a person has been admitted to practise as a barrister and solicitor of the Supreme Court and that the person's name remains on the Roll $115.00 APPOINTMENT OF PUBLIC NOTARIES 1.15 Authentication of an order for appointment as a public notary $190.00 SEARCHES, PHOTOCOPIES AND SEALING 1.16 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 80.05 of Chapter I; or (e) any document or certificate for which a separate fee is prescribed by these Regulations $115.00 PART 2—FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF PROBATES Sch. 2 -- 7 of 9 -- S.R. No. 159/2001 Supreme Court (Fees) Regulations 2001 7 2.1 On filing (a) an application for any grant of representation— (i) where the gross value of the estate is less than $1000 (ii) where the gross value of the estate is $1000 or more; (b) an originating motion under Rule 7.04(1) of Chapter III $85.00 $218.00 $218.00 2.2 On filing— (a) a summons under Rule 8.07(3) of Chapter III (b) a summons under Rule 10.02 seeking commission to executors, administrators or trustees (c) a summons under Rule 11.02 seeking revocation of a grant of representation (d) a summons under Rule 12.02 seeking rectification of a will $610.00 FILING OF NOTICES 2.3 On filing (a) an election to administer under section 11A of the Trustee Companies Act 1984 (b) a notice of appointment of the Incorporated Nominal Defendant as administrator ad litem under section 158 of the Transport Accident Act 1986 (c) a notice requiring notification of a grant of representation (d) a caveat in the Probate Jurisdiction (e) notification of application for executors commission (Rule 10.02) $145.00 PREPARATION 2.4 For preparation by the Registrar or Assistant Registrar of an application in relation to a Small Sch. 2 -- 8 of 9 -- S.R. No. 159/2001 Supreme Court (Fees) Regulations 2001 8 Estate $80.00 2.5 For authenticating an order amending parchment $55.00 REGISTRAR'S CERTIFICATES 2.6 Registrar's certificate verifying copy document where not done in the usual course of an application for a grant of representation $95.00 2.7 Every Exemplification where not done in the usual course of an application for a grant of representation $95.00 2.8 Office copy (of parchment and Will) $22.50 PART 3—FEES APPLICABLE TO ALL OFFICES OF THE COURT 3.1 For each request to search and inspect the records of the Court pertaining to a proceeding or purported proceeding— (a) if the correct file number of the proceeding is quoted in the request, or if it is a probate file (b) if no number or an incorrect number is quoted in the request No fee is payable on a search for a Notice of Appearance required under Rule 21.01(3) of Chapter I $25.00 $40.00 3.2 To obtain a photocopy of any document, for each page $1.50 3.3 Production of a file to another Court or Tribunal $100.00 3.4 In addition to any other fee payable under these Regulations, where the Prothonotary or Registrar of Probates opens an office of the Court to provide a service referred to in these Regulations outside the hours prescribed by Rule 3.09 of Chapter I— (a) within ½ hour before the prescribed opening time or within ½ hour after the prescribed closing time (b) at any other time $50.00 $500.00 ═══════════════ Sch. 2 Sch. 2 -- 9 of 9 --