Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998

i Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 S.R. No. 137/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Substitution of table of fees, costs and charges 1 ═══════════════ NOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 1998 S.R. No. 137/1998 Magistrates' Court Act 1989 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 17 November 1998 Responsible Minister: JAN WADE Attorney-General SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to increase certain fees, costs and charges in the Principal Regulations. 2. Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3. Commencement These Regulations come into operation on 1 December 1998. 4. Principal Regulations In these Regulations the Magistrates' Court (Fees, Costs and Charges) Regulations 1990 1 are called the Principal Regulations. 5. Substitution of table of fees, costs and charges -- 2 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 2 For the table in regulation 8 of the Principal Regulations substitute— "Item No. Subject Matter Fee For issuing summonses, orders and certificates, and filing complaints etc. 1. For every summons issued on the filing of a charge for a summary offence and including copies for service and proof of service— (a) where the charge-sheet alleges one offence only (b) where the charge-sheet alleges more than one offence $33.00 $53.00 2. For every complaint claiming monetary relief filed in the civil jurisdiction of the Court, including a complaint under the Instruments Act 1958, including copies for service and proof of service— (a) where the amount claimed does not exceed $1000 (b) where the amount claimed exceeds $1000 but does not exceed $10 000 (c) where the amount claimed exceeds $10 000 $60.00 $122.00 $214.00 3. For every complaint filed in the civil jurisdiction, other than a complaint seeking monetary relief, including copies for service and proof of service $28.00 4. For every counterclaim claiming monetary relief filed in the civil jurisdiction of the Court, including a counterclaim under the Instruments Act 1958, including copies for service and proof of service— Item No. Subject Matter Fee r. 5 -- 3 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 3 (a) where the amount counterclaimed does not exceed $1000 (b) where the amount counterclaimed exceeds $1000 but does not exceed $10 000 (c) where the amount counterclaimed exceeds $10 000 $60.00 $122.00 $214.00 5. For every counterclaim, other than a counterclaim seeking monetary relief, including copies for service and proof of service $28.00 6. For every summons under Part 3 of the Imprisonment of Fraudulent Debtors Act 1958 $28.00 7. For every summons for oral examination $28.00 8. For every witness summons to give evidence or to produce documents or things or to give evidence and produce documents or things in civil cases and in criminal cases for summary offences irrespective of the number of witnesses named in the summons $6.00 Hearing fees 9. For hearing at trial or arbitration after the first day—for every day or part of a day Note: For the purposes 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 $122.00 10. For every oral examination by a Registrar under Part 4A of Order 27 of the Rules $60.00 Item No. Subject Matter Fee r. 5 -- 4 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 4 Miscellaneous fees 11. For every certified copy of any order or conviction $17.00 12. For every certified extract of the register, except— (a) where furnished for the official purposes of the Director of Legal Aid on a certificate issued by the Director to that effect; and (b) an extract of an order made under the Maintenance Act 1965 $17.00 13. For every certificate of an order for filing in the Supreme Court under section 112 of the Act $17.00 14. For every certificate of judgment $17.00 15. For every order for attachment of debt under Part 6 of Order 27 of the Rules $20.00 For preparation of documents by a Registrar 16. For the preparation by a Registrar of— (a) any summons or complaint and one copy $17.00 (b) any order, warrant or other document, not referred to in paragraph (a), on the issue or filing of which a fee is payable (except an application of the kind referred to in Item 23 of this Table) and one copy $6.00 (c) each copy beyond one of any document referred to in paragraph (a) or (b) $4.00 Item No. Subject Matter Fee 17. For the preparation by a Registrar of r. 5 -- 5 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 5 any security $10.00 18. For the preparation by a Registrar of an application to set aside a final order in a civil proceeding $14.00 Issue and execution of warrants 19. For the issue and execution of every warrant to arrest for a summary offence (except a warrant issued under the Summary Offences Act 1966) $22.00 20. For the issue and execution (including any attempt at execution) of every warrant of commitment under the Imprisonment of Fraudulent Debtors Act 1958 $40.00 21. In any civil proceeding— (a) on the lodgement with the Sheriff of any warrant not otherwise provided for (b) for every warrant required to be issued by the Sheriff on a warrant to seize property or warrant of delivery (c) on the redirection of any warrant $93.00 $58.00 $35.00 Forwarding Fees 22. For every summons, order or other document prepared by the plaintiff or a solicitor and transmitted by a Registrar to the police for service or for more than one summons, order or document in the same matter so transmitted at the same time $6.00 Item No. Subject Matter Fee Filing Applications and Notices r. 5 -- 6 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 6 23. For every application to a Magistrate under section 50(4) of the Road Safety Act 1986 for the issue of a driver's licence $64.00 24. For every application under the Landlord and Tenant Act 1958— (a) for leave under section 88(1) of that Act to give a fresh notice to quit $22.00 (b) For a further stay of warrant of ejectment $14.00 (c) for consent under section 101(1) of that Act to deal with or use premises $22.00 25. For every application to set aside a final order in a civil proceeding and rehear the proceeding $16.00 26. For every application by judgment creditor under section 6 or 8 of the Judgment Debt Recovery Act 1984 or for the filing by a judgment creditor of an instalment agreement under section 7 of that Act $26.00 27. For every application under Order 10 of the Rules for an order in default of defence— (a) on a claim for a debt, liquidated demand or claim arising from a motor vehicle collision for cost of repairs only or for total loss of vehicle only $12.00 (b) in any other case $18.00 Attachment of Earnings 28. For every application under Part 5 of Order 27 of the Rules $26.00 Item No. Subject Matter Fee 29. For every order under Part 5 of Order 27 of the Rules $19.00 r. 5 -- 7 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 7 Copies of documents 30. For each page of every copy of any complaint, charge-sheet, summons, warrant or deposition obtained after the hearing or examination not otherwise provided for, prepared by a Registrar $6.00 Inspection of documents 31. For inspection of a register (other than for inspection by a person or body that the Principal Registrar has for special circumstances at his or her discretion exempted in writing from payment of an inspection fee)—for every 5 minutes or part of 5 minutes $12.00 Fees and Costs for Enforcement of Infringement Penalties 32. For the purposes of clause 3(2)(a) of Schedule 7 to the Act, the prescribed costs are— $16.00 33. For every infringement penalty filed under clause 4(1) of Schedule 7 to the Act $35.00 34. For the purposes of clause 5(3)(b) of Schedule 7 to the Act, the prescribed costs are— $19.00 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. Item No. Subject Matter Fee 35. 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 r. 5 -- 8 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 8 seize property is $40.00 36. For the purposes of clause 8(1B) of Schedule 7 to the Act, the prescribed fee for the execution of a penalty enforcement warrant or a warrant to seize property issued under clause 8(1) of that Schedule, where personal property is seized and removed, is (except that only one fee is payable when more than one such warrant is executed against the same defendant at the same time) $40.00." ═══════════════ -- 9 of 10 -- S.R. No. 137/1998 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 9 NOTES 1 Reg 4: S.R. No. 171/1990. Reprinted to S.R. No. 136/1994 and subsequently amended by S.R. Nos 120/1995, 35/1996, 108/1996, 133/1997 and 106/1998. Notes -- 10 of 10 --