Supreme Court (Fees) (Amendment) Regulations 1998

i Supreme Court (Fees) (Amendment) Regulations 1998 S.R. No. 141/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Increase in fees 1 ═══════════════ NOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 1998 S.R. No. 141/1998 Supreme Court Act 1986 Supreme Court (Fees) (Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 24 November 1998 Responsible Minister: JAN WADE Attorney-General STACEY ROBERTSON Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to increase the 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 These Regulations come into operation on 1 December 1998. 4. Increase in fees For Schedules 1 and 2 of the Supreme Court (Fees) Regulations 19911 substitute— -- 2 of 9 -- S.R. No. 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 2 "SCHEDULE 1 COMMENCEMENT OF PROCEEDINGS 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, Parts 2 and 4 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 $604.00 2. Commencement of a counterclaim under Order 10 of Chapter I $604.00 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 $2415.00 $604.00 4. Filing a certificate under section 86(4) of the County Court Act 1958 or section 112(2) of the Magistrates' Court Act 1989 $240.00 INTERLOCUTORY APPLICATIONS 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) Order 5, Order 6, Part 4 of Order 7 or Order 12 $240.00 r. 4 -- 3 of 9 -- S.R. No. 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 3 of Chapter II; or (c) Order 1 of Chapter IV; or (d) Section 92 of the Magistrates' Court Act 1989 JUDGMENTS IN DEFAULT 6. Filing judgment in default of appearance or defence $305.00 ENTRY IN LIST 7. Setting down or otherwise entering a proceeding into a list (other than the Building Cases List or the Commercial List) No fee is payable on entering a proceeding into a list under— (a) Rule 75.05 of Chapter I; or (b) Parts 2 and 4 of Order 7 of Chapter II; or (c) Chapter V; or (d) Section 92 of the Magistrates' Court Act 1989 $320.00 8. Entering a proceeding into the Building Cases List or the Commercial List $1815.00 HEARING FEES 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 No fee is payable in respect of a proceeding under Rule 75.05 of Chapter I or section 92 of the Magistrates' Court Act 1989 $300.00 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 $40.00 11. For every sitting of a court official at pre-trial conference— No fee is payable in respect of a proceeding under section 92 of the Magistrates' Court Act 1989 $60.00 TAKING ACCOUNTS, ASSESSMENTS, ETC. 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 r. 4 -- 4 of 9 -- S.R. No. 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 4 day's attendance before the Master or court official— for every hour or part of an hour the Master or court official is occupied 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 Settling 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 $160.00 $105.00 ADMISSION OF BARRISTERS AND SOLICITORS 13. Authentication of an order for the admission of a person to practise as a barrister and solicitor of the Supreme Court $174.00 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 $105.00 SEARCHES, PHOTOCOPIES AND SEALING 15. For each request to search and inspect the records of the Court pertaining to a proceeding or purported proceeding— if the correct file number of the proceeding is quoted in the request 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 $37.00 16. To obtain from the Prothonotary a photocopy of any document, for each page $1.50 17. 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 r. 4 -- 5 of 9 -- S.R. No. 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 5 (e) any document or certificate for which a separate fee is prescribed by these Regulations $105.00 REGISTRY HOURS 18. In addition to any other fee payable under these Regulations, where the Prothonotary opens the Registry to provide a service referred to in these Regulations outside the hours prescribed by Rule 3.09 of Chapter I— within 1/2 hour before the prescribed opening time or within 1/2 hour after the prescribed closing time at any other time $42.00 $475.00 _______________ r. 4 -- 6 of 9 -- S.R. No. 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 6 SCHEDULE 2 FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF PROBATES 1. Commencement of an application for any grant of representation— (a) where the gross value of the estate is less than $1000 (b) where the gross value of the estate is $1000 or more $84.00 $202.00 2. On filing an election to administer under section 11A of the Trustee Companies Act 1984 $138.00 3. On filing a notice of appointment of the Incorporated Nominal Defendant as administrator ad litem under section 158 of the Transport Accident Act 1986 $90.00 4. On filing a notice requiring notification of a grant of representation $138.00 5. On filing a caveat in the Probate Jurisdiction $90.00 6. On filing an originating motion under Rule 7.04(1) of Chapter III $170.00 7. On filing a summons under Rule 8.07(3) of Chapter III $600.00 8. For authenticating an order amending parchment $52.00 9. For preparation by the Registrar or Assistant Registrar of an application in the Small Estates Office $75.00 10. On filing a subpoena $45.00 11. Where not done in the usual course of an application for a grant of representation: Photocopying per page Office copy (of parchment and Will) Registrar's certificate verifying copy document Every Exemplification Production of file $1.50 $21.00 $90.00 $90.00 $25.00 12. Notice to produce— r. 4 -- 7 of 9 -- S.R. No. 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 7 elsewhere than in the Supreme Court— per hour or part of an hour the Registrar or Assistant Registrar is absent from usual duties $50.00 TRANSITIONAL FEES 13. For settling and filing an Order Nisi $170.00 14. For settling and filing an Order on return of Order Nisi $170.00 15. For settling and filing an Order of the Court granting representation $170.00". ═══════════════ r. 4 -- 8 of 9 -- S.R. No. 141/1998 Supreme Court (Fees) (Amendment) Regulations 1998 8 NOTES 1 Reg. 4: S.R. No. 241/1991. Reprinted to S.R. No. 116/1997. Notes -- 9 of 9 --