New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 18

18 Fees

(1) The Governor may make regulations for or with respect to the following matters:

(a) the fees payable to a court in relation to the conduct of civil proceedings in the court, including fees for the following:

(i) the filing or registration of any document in the court,

(ii) the allocation of hearing dates,

(iii) the conduct of hearings,

(iv) the retention of juries,

(v) the sealing or other authentication of any document that has been filed in the court,

(vi) the issue of any document out of the court,

(b) the fees payable in relation to proceedings referred to mediation under Part 4,

(c) the fees payable in relation to proceedings referred to arbitration under Part 5,

(d) the fees payable in relation to the examination of a judgment debtor by a registrar or other officer of the court under Part 8,

(e) the fees payable in relation to the functions exercised by the Sheriff, whether under this Act or otherwise,

(f) the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise,

(g) the waiver, postponement and remittal of fees.

(2) Fees of the kind referred to in subsection (1) (a) or (d) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any civil proceedings to which any of the following persons or bodies is a party:

(a) the Crown,

(b) any Minister of the Crown,

(c) any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.

(3) Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.

(4) Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.