Civil Procedure Act 2005 CIVIL PROCEDURE REGULATION 2005 - Made under the Civil Procedure Act 2005 - As at 16 December 2011 - Reg 410 of 2005 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions PART 2 - FEES GENERALLY 4. Fees payable in relation to court proceedings 5. Fees payable in relation to functions exercised by Sheriff 6. Fees payable in relation to functions exercised by Marshal in Admiralty 7. Persons by and to whom fees are payable 8. When fees become due PART 3 - HEARING ALLOCATION FEES AND HEARING FEES 9. Payment of hearing allocation fees 10. Payment of hearing fees PART 4 - WAIVER, POSTPONEMENT AND REMISSION OF FEES 11. General power to waive, postpone and remit fees 12. Postponement of fees for pro bono parties 13. Postponement of fees for legally assisted persons PART 5 - SAVINGS AND TRANSITIONAL PROVISIONS 14. Existing writs of execution 15. Time allowed for certain acts 16. Existing part confessions in District Court and Local Court proceedings 17. Effect of order for judgment given by District Court or Local Court 18. Hearing fees for Supreme Court proceedings 18A. Provisions consequent on enactment of Courts and Crimes Legislation Amendment Act 2009 PART 6 - MISCELLANEOUS 19. Percentage of income from deposited funds payable to Consolidated Fund 20. Delegation of functions 21. Excluded proceedings under Part 2A of Act SCHEDULE 1 SCHEDULE 2 CIVIL PROCEDURE REGULATION 2005 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Civil Procedure Regulation 2005. CIVIL PROCEDURE REGULATION 2005 - REG 2 Commencement 2 Commencement This Regulation commences on 15 August 2005. CIVIL PROCEDURE REGULATION 2005 - REG 3 Definitions 3 Definitions (1) In this Regulation: "corporation" has the same meaning as in section 57A of the Corporations Act 2001 of the Commonwealth. "hearing allocation fee" means a fee for allocating a date for the hearing of proceedings. "hearing fee" means a fee for the hearing of proceedings. "legally assisted person" means a person who is receiving legal assistance through a community legal centre that complies with the requirements of section 48H of the Legal Profession Act 1987 or section 240 of the Legal Profession Act 2004, as the case requires. "pro bono party" means a party to proceedings who is being represented under a pro bono scheme administered by the New South Wales Bar Association or the Law Society of New South Wales, or under a pro bono scheme established by rules of court, being a party in respect of whom a barrister or solicitor acting for the party in accordance with the scheme: (a) has certified in writing to the registrar of the court that the party is being so represented, and (b) has undertaken in writing to the registrar of the court: (i) to pay the filing fee for the originating process by which the proceedings have been commenced, and (ii) to pay any hearing allocation fee or hearing fee that becomes payable by the party in relation to the proceedings. "the Act" means the Civil Procedure Act 2005. (2) The explanatory note, table of contents and notes in the text of this Regulation (other than notes in Schedule 1 or 2) do not form part of this Regulation. (3) Notes in Schedule 1 and 2 form part of those Schedules. CIVIL PROCEDURE REGULATION 2005 - REG 4 Fees payable in relation to court proceedings 4 Fees payable in relation to court proceedings (1) This clause applies in relation to civil proceedings in the following courts: (a) the Supreme Court, (a1) the Land and Environment Court, (b) the District Court, (c) the Local Court. (2) Subject to this Regulation, the fee that a person must pay in respect of a matter referred to in Column 1 of Schedule 1 is: (a) except as provided by paragraph (b), the fee specified in respect of that matter in Column 2 of that Schedule, or (b) if the person is a corporation and a fee is specified in respect of that matter in Column 3 of that Schedule, the fee so specified. Note: The fees in relation to particular courts are set out in Parts 1–4 of Schedule 1. The fees common to all courts are set out in Part 5 of that Schedule. (3) For the avoidance of doubt, the fee payable by a corporation that commences or carries on proceedings in the name of a natural person pursuant to a right of subrogation is the fee applicable to a corporation. (4) Despite subclauses (2) and (3), the fee payable by a corporation that produces evidence, satisfactory to a registrar of the court: (a) that its turnover, in the financial year of the corporation immediately preceding the financial year in which the fees are to be taken, was less than $200,000, or (b) if the corporation has not been in existence for a full financial year, that its turnover in its first financial year is likely to be less than $200,000, is the fee specified in Column 2 of Schedule 1. (5) Despite subclause (2), no fee is payable in relation to the filing of notice of motion for any of the following: (a) an application for the issue of any process for which a fee is otherwise payable under Schedule 1, (b) an application for an instalment order, (b1) an application for a writ of execution, (c) an application for a garnishee order, (d) an application for a charging order, (e) an application for a default judgment, (g) any application in relation to proceedings in the Local Court sitting in its Small Claims Division other than an application for an examination order. (6) Despite subclause (2), no fee is payable in relation to the filing of an originating process by which a question of law is referred to the Supreme Court for decision under: (a) section 61 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth, or (b) section 659A of the Corporations Act 2001 of the Commonwealth. CIVIL PROCEDURE REGULATION 2005 - REG 5 Fees payable in relation to functions exercised by Sheriff 5 Fees payable in relation to functions exercised by Sheriff The fee that a person must pay in relation to a matter referred to in Column 1 of Schedule 2 is the fee specified in respect of that matter in Column 2 of that Schedule. CIVIL PROCEDURE REGULATION 2005 - REG 6 Fees payable in relation to functions exercised by Marshal in Admiralty 6 Fees payable in relation to functions exercised by Marshal in Admiralty (1) In any civil proceedings in the Admiralty List in the Equity Division of the Supreme Court, a fee is payable to the Marshal in Admiralty in relation to any matter for which a fee is payable to the Sheriff in any other civil proceedings. (2) The fee payable to the Marshal in Admiralty in relation to any such matter is the same as the fee payable to the Sheriff in relation to that matter. CIVIL PROCEDURE REGULATION 2005 - REG 7 Persons by and to whom fees are payable 7 Persons by and to whom fees are payable (1) Any fee imposed by Schedule 1 or 2 (other than a hearing allocation fee or hearing fee) is payable, by the person at whose request the relevant document is filed or service rendered: (a) in the case of a fee imposed by Schedule 1, to the registrar of the court, and (b) in the case of a fee imposed by Schedule 2, to the registrar of the court or to the Sheriff. (1A) For the purposes of subclause (1), the fee imposed by item 2 of Part 5 of Schedule 1 is taken to be payable by the person who served the notice to produce under Part 34 of the Uniform Civil Procedure Rules 2005. (2) If a document is filed or service rendered at the request of a person acting as agent for another person, each of those persons is jointly and severally liable for payment of any such fee. (3) For the purposes only of subclause (2), a solicitor or other person by whom a person is carrying on proceedings is taken to be acting as an agent for that person. CIVIL PROCEDURE REGULATION 2005 - REG 8 When fees become due 8 When fees become due (1) A fee imposed by Schedule 1 or 2 (other than a hearing allocation fee or hearing fee) becomes due when the document concerned is filed or the service concerned is rendered. (2) Despite subclause (1), a registrar who is requested to file a document or render a service may require any fee for the document or service to be paid before the document is filed or the service rendered. CIVIL PROCEDURE REGULATION 2005 - REG 9 Payment of hearing allocation fees 9 Payment of hearing allocation fees (1A) This clause applies in relation to civil proceedings in the Supreme Court or the District Court. (1) A hearing allocation fee in relation to any proceedings is payable: (a) except as provided by paragraph (b), by the plaintiff, or (b) if the court makes any order as to the payment of the fee, by the parties and in the proportions so ordered. (2) If a party is carrying on proceedings by a solicitor or other person, the party and solicitor or other person are jointly and severally liable for the payment of the hearing allocation fee. (3) A hearing allocation fee is not payable in relation to any interlocutory hearing or to a trial for the assessment of damages only. (4) A hearing allocation fee becomes payable: (a) immediately after a date is allocated for hearing the proceedings, or (b) when the court or a registrar notifies the parties in writing of the court’s intention to allocate a date for hearing the proceedings, whichever first occurs. CIVIL PROCEDURE REGULATION 2005 - REG 10 Payment of hearing fees 10 Payment of hearing fees (1A) This clause applies in relation to civil proceedings in the Supreme Court. (1) A hearing fee in relation to any proceedings is payable: (a) except as provided by paragraph (b), by the plaintiff, or (b) if the court makes any order as to the payment of the fee, by the parties and in the proportions so ordered. (2) If a party is carrying on proceedings by a solicitor or other person, the party and solicitor or other person are jointly and severally liable for the payment of the hearing fee. (3) A hearing fee is not payable in relation to a hearing whose sole purpose is the delivery of a reserved judgment. (4) A hearing fee becomes payable when the court or a registrar gives written notice to the person liable to pay the hearing fee of the amount of the fee payable. CIVIL PROCEDURE REGULATION 2005 - REG 11 General power to waive, postpone and remit fees 11 General power to waive, postpone and remit fees (1) The registrar of the court may, by order in writing, direct that the whole or any part of any fee payable to the registrar be waived, postponed or remitted, subject to such conditions (if any) as the registrar thinks fit to impose. (2) The Sheriff may, by order in writing, direct that the whole or any part of any fee payable to the Sheriff be waived, postponed or remitted, subject to such conditions (if any) as the Sheriff thinks fit to impose. (3) The powers conferred by this clause are to be exercised in accordance with such guidelines as may from time to time be published by the Attorney General. CIVIL PROCEDURE REGULATION 2005 - REG 12 Postponement of fees for pro bono parties 12 Postponement of fees for pro bono parties (1) The taking of any fee in respect of the business of the court in relation to proceedings involving a pro bono party is, if the fee is payable by the party, to be postponed until judgment has been given in the proceedings. (2) The fee is not to be taken at all, or if taken must be remitted, if: (a) judgment is against the pro bono party, or (b) judgment is in favour of the pro bono party, but: (i) damages are not awarded (or only nominal damages are awarded) in his or her favour, and (ii) costs are not awarded in his or her favour. CIVIL PROCEDURE REGULATION 2005 - REG 13 Postponement of fees for legally assisted persons 13 Postponement of fees for legally assisted persons (1) The taking of any fee in respect of the business of the court in relation to proceedings involving a party who is a legally assisted person is, if the fee is payable by the party, to be postponed until judgment has been given in the proceedings. (2) The fee is not to be taken at all, or if taken must be remitted, if: (a) judgment in the proceedings is against the legally assisted person, or (b) judgment is in favour of the legally assisted person, but: (i) damages are not awarded (or only nominal damages are awarded) in his or her favour, and (ii) costs are not awarded in his or her favour. CIVIL PROCEDURE REGULATION 2005 - REG 14 Existing writs of execution 14 Existing writs of execution (1) Any writ of execution issued before the commencement of this clause by the Supreme Court, the District Court or the Local Court, being a writ of execution that was in force immediately before that commencement, continues in force until the expiry of 12 months from the date on which it was issued. (2) Sections 105, 105A, 105C and 105D of the Real Property Act 1900, as in force immediately before they were amended by Schedule 5.40 to the Civil Procedure Act 2005, continue to apply to a writ registered before 15 August 2005 as if those sections had not been amended. (3) Sections 105, 105A, 105C and 105D of the Real Property Act 1900, as amended by Schedule 5.40 to the Civil Procedure Act 2005, apply to a writ registered on or after 15 August 2005 regardless of when the writ was issued. CIVIL PROCEDURE REGULATION 2005 - REG 15 Time allowed for certain acts 15 Time allowed for certain acts Anything to be done in relation to proceedings commenced before the commencement of this clause in the Supreme Court, the District Court or the Local Court, being something for the doing of which a period of time was allowed by the Supreme Court Rules 1970, the District Court Rules 1973 or the Local Courts (Civil Claims) Rules 1970, as the case may be, may be done at any time within: (a) the time allowed by the relevant provision of those Rules, or (b) the time allowed by the Uniform Civil Procedure Rules 2005, whichever is the longer. CIVIL PROCEDURE REGULATION 2005 - REG 16 Existing part confessions in District Court and Local Court proceedings 16 Existing part confessions in District Court and Local Court proceedings (1) This clause applies to proceedings in the District Court or the Local Court in which a confession as to part only of the amount of a claim had been filed in the Court before the commencement of this clause. (2) Part 14 rule 2 (5) of the District Court Rules 1973 continues to apply to such proceedings in the District Court as if that provision had not been repealed. (3) Part 12 rule 2 (7) of the Local Courts (Civil Claims) Rules 1988 continues to apply to such proceedings in the Local Court as if those Rules had not been repealed. CIVIL PROCEDURE REGULATION 2005 - REG 17 Effect of order for judgment given by District Court or Local Court 17 Effect of order for judgment given by District Court or Local Court (1) Subject to subclause (2), judgment is taken to have been given against a party for the purposes of Part 30 of the Uniform Civil Procedure Rules 2005 if, before the commencement of this clause, an order for judgment had been given against that party: (a) by the District Court under Part 11 rule 1 of the District Court Rules 1973, or (b) by the Local Court under Part 10 rule 1 of the Local Courts (Civil Claims) Rules 1988. (2) Unless the District Court or Local Court orders otherwise, the judgment is taken to have been set aside if, before the trial of the proceedings under Part 30 of the Uniform Civil Procedure Rules 2005, the party against whom the order was made files a defence in the proceedings. CIVIL PROCEDURE REGULATION 2005 - REG 18 Hearing fees for Supreme Court proceedings 18 Hearing fees for Supreme Court proceedings An amendment made by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2008 to a fee payable under Part 1 of Schedule 1 does not apply to proceedings the hearing of which commenced before 1 January 2009. CIVIL PROCEDURE REGULATION 2005 - REG 18A Provisions consequent on enactment of Courts and Crimes Legislation Amendment Act 2009 18A Provisions consequent on enactment of Courts and Crimes Legislation Amendment Act 2009 (1) This clause is taken to have commenced on 1 February 2010. Note: 1 February 2010 was the date on which civil proceedings before the Industrial Relations Commission became subject to the Act and the uniform rules pursuant to the commencement of Schedule 2.6 [3] to the Courts and Crimes Legislation Amendment Act 2009. (2) Subject to subclause (3), the Act and the uniform rules apply to civil proceedings commenced in the Industrial Relations Commission before 1 February 2010 in the same way as they apply to civil proceedings commenced on or after that date. (3) In the case of civil proceedings commenced in the Industrial Relations Commission before 1 February 2010, the Industrial Relations Commission may make such orders dispensing with the requirements of the uniform rules in relation to the proceedings, and such consequential orders (including orders as to costs), as are appropriate in the circumstances. (4) In this clause: "Industrial Relations Commission" includes the Commission in Court Session (the Industrial Court). "uniform rules" means the Uniform Civil Procedure Rules 2005. CIVIL PROCEDURE REGULATION 2005 - REG 19 Percentage of income from deposited funds payable to Consolidated Fund 19 Percentage of income from deposited funds payable to Consolidated Fund A registrar must deduct, for payment into the Consolidated Fund, 2.5% of any amount received by way of interest or dividends on funds that are paid into court. CIVIL PROCEDURE REGULATION 2005 - REG 20 Delegation of functions 20 Delegation of functions (1) The registrar of a court may delegate to any person the exercise of any of the functions conferred on the registrar by this Regulation, other than this power of delegation. (2) The Sheriff may delegate to any person the exercise of any of the functions conferred on the Sheriff by this Regulation, other than this power of delegation. CIVIL PROCEDURE REGULATION 2005 - REG 21 Excluded proceedings under Part 2A of Act 21 Excluded proceedings under Part 2A of Act Any civil proceedings in the Supreme Court are declared to be excluded proceedings for the purposes of Part 2A of the Act. Note: Section 18B (2) (b) of the Act provides that a civil dispute is an excluded dispute for the purposes of Part 2A of the Act where the dispute involves claims that may result in the commencement of excluded proceedings if the issues in dispute are not resolved or narrowed. CIVIL PROCEDURE REGULATION 2005 - SCHEDULE 1 SCHEDULE 1 – Court fees (Clause 4) Part 1 - Supreme Court _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |Filing an originating process (other | | | |1 |than an originating process referred |$926 |$2,219 | |_____________________________________________________________________________| | |Filing an originating process by which| | | |2 |an application for a grant or | | | | |resealing of probate in respect of an | | | |_____________________________________________________________________________| |_____________________________________________________________________________| | |(b) is $50,000 or more but less than |$711 |— | |_____________________________________________________________________________| | |(c) is $250,000 or more but less than |$898 |— | |_____________________________________________________________________________| | |(d) is $500,000 or more but less than |$1,355 |— | |_____________________________________________________________________________| |_____________________________________________________________________________| |3 |Filing in the Court of Appeal a notice|$265 |$530 | |_____________________________________________________________________________| | |Filing in the Court of Appeal a | | | | |summons seeking leave to appeal or a | | | |4 |cross-summons seeking leave to cross- |$947 |$1,622 | | |appeal in proceedings where a notice | | | |_____________________________________________________________________________| |5 |Filing in the Court of Appeal a notice| | | |_____________________________________________________________________________| | |(a) in proceedings where leave to |$1,869 |$3,315 | |_____________________________________________________________________________| | |(b) in proceedings where a notice of |$2,850 |$4,892 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Filing in the Court of Appeal a | | | |6 |summons seeking leave to appeal in |$1,246 |$2,211 | | |proceedings where a notice of | | | |_____________________________________________________________________________| | |Allocating a date for hearing of the | | | |7 |proceedings by one or more judges, a |$1,850 |$3,697 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Retaining a jury after the first day | | | | |of trial | | | |9 | Note: The fees under this |$447 per day |$894 per day | | | item are to be paid by the | | | | | party requesting a jury for | | | |_____________________________________________________________________________| | |Referring proceedings for arbitration | | | |10 |under Division 2 of Part 5 of the |$732 |— | |_____________________________________________________________________________| | |Filing an application for an order for| | | |11 |the rehearing of proceedings under |$558 |$1,117 | | |Division 3 of Part 5 of the Civil | | | |_____________________________________________________________________________| | |Hearing of proceedings by one or more | | | |12 |judges, for each day of hearing or | | | |_____________________________________________________________________________| |_____________________________________________________________________________| | |(b) on the 5th, 6th, 7th, 8th or 9th |$1,184 |$2,568 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Hearing of proceedings by an associate| | | |13 |judge, for each day of hearing or part|$664 |$1,328 | | |of a day of hearing on or after the | | | |_____________________________________________________________________________| | |Preparing appeal papers (for such | | | |14 |number of copies as the registrar |$641 per volume|$1,282 per volume| | |orders to be printed) in volumes of | | | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |17 |Conducting a genealogical search on a |$102 |— | |_____________________________________________________________________________| | |Conducting a search for an application| | | |18 |for a grant or resealing of probate |$53 |— | |_____________________________________________________________________________| | |Lodging a caveat against an | | | |19 |application for a grant or resealing |$37 |$74 | |_____________________________________________________________________________| |20 |Conducting an adoption search (for |$53 |— | |_____________________________________________________________________________| |21 |Issuing a registrar’s certificate as|$53 |— | |_____________________________________________________________________________| Part 2 - Land and Environment Court Note: Fees that are payable in relation to proceedings before the Land and Environment Court in Class 5, 6 or 7 of its jurisdiction are set out in Part 1 of Schedule 2 to the Criminal Procedure Regulation 2010. _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |Filing an originating process in Class 1 of| | | |1 |the Court’s jurisdiction (other than an |$807 |$1,614 | |_____________________________________________________________________________| | |Filing an originating process in Class 1 of| | | | |the Court’s jurisdiction under section 97| | | | |of the Environmental Planning and | | | | |Assessment Act 1979 where the matter | | | |2 |relates to a development application (other| | | | |than a development application relating to | | | | |the subdivision of land) or to a building | | | | |application, and where the value of the | | | |_____________________________________________________________________________| |_____________________________________________________________________________| | |(b) is $500,000 or more but less than |$3,692 |$4,902 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Filing an originating process in Class 2 of| | | |3 |the Court’s jurisdiction (other than an |$807 |$1,614 | |_____________________________________________________________________________| | |Filing an originating process in Class 2 of| | | |4 |the Court’s jurisdiction where the matter|$212 |$424 | | |relates to an application under the Trees | | | |_____________________________________________________________________________| | |Filing an originating process in Class 3 of| | | |5 |the Court’s jurisdiction (other than an |$807 |$1,614 | | |originating process referred to in item 6 | | | |_____________________________________________________________________________| | |Filing an originating process in Class 3 of| | | | |the Court’s jurisdiction where the matter| | | |6 |relates to an appeal or objection against a| | | | |valuation of land, and where the value of | | | | |the land, as determined by the respondent | | | |_____________________________________________________________________________| |_____________________________________________________________________________| | |(b) is $500,000 or more but less than |$447 |$894 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Filing an originating process in Class 3 of| | | | |the Court’s jurisdiction where the matter| | | | |relates to a claim for compensation for the| | | |7 |compulsory acquisition of land, as referred| | | | |to in section 24 of the Land and | | | | |Environment Court Act 1979, and where the | | | | |amount offered as compensation by the | | | |_____________________________________________________________________________| |_____________________________________________________________________________| | |(b) is $500,000 or more but less than |$3,692 |$4,902 | |_____________________________________________________________________________| |_____________________________________________________________________________| |8 |Filing an originating process in Class 4 of|$807 |$1,614 | |_____________________________________________________________________________| |9 |Filing an originating process in Class 8 of|$212 |$424 | |_____________________________________________________________________________| | |Filing a process to commence an appeal to | | | |10 |the Court under section 56A of the Land and|$1,887 |$3,774 | |_____________________________________________________________________________| |_____________________________________________________________________________| Part 3 - District Court _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |Filing an originating process (other than | | | |1 |an originating process referred to in item |$575 |$1,150 | |_____________________________________________________________________________| |2 |Filing an originating process in relation |$238 |$476 | |_____________________________________________________________________________| | |Allocating a date for hearing of the | | | |3 |proceedings by a judge, a judge and jury or|$615 |$1,230 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Retaining a jury after the first day of | | | | |trial | | | |5 | Note: The fees under this item |$447 per day|$894 per day | | | are to be paid by the party | | | |_____________________________________________________________________________| | |Referring proceedings for arbitration under| | | |6 |Division 2 of Part 5 of the Civil Procedure|$728 |— | |_____________________________________________________________________________| | |Filing an application for an order for the | | | |7 |rehearing of proceedings under Division 3 |$558 |$1,117 | |_____________________________________________________________________________| |_____________________________________________________________________________| Part 4 - Local Court _________________________________________________________________________ |_________________________________________________________________________| |_________________________________________________________________________| | |Filing an originating | | | | |process, under Part 3 of the| | | |1 |Local Court Act 2007, in the|$212 |$424 | | |Local Court sitting in its | | | |_________________________________________________________________________| | |Filing an originating | | | | |process, under Part 3 of the| | | |2 |Local Court Act 2007, in the|$86 |$172 | | |Local Court sitting in its | | | |_________________________________________________________________________| | |Filing an application notice| | | |3 |under Part 4 of the Local |$81 |— | |_________________________________________________________________________| | |Filing an application for an| | | | |order for the rehearing of | | | |4 |proceedings under Division 3|$369 |$738 | | |of Part 5 of the Civil | | | |_________________________________________________________________________| | |Serving or attempting | | | |5 |service by post of |$36 for each address to|— | | |originating process by the |which process posted | | |_________________________________________________________________________| |_________________________________________________________________________| | |Filing a notice of appeal, | | | | |or application for leave to | | | | |appeal, to the District | | | |7 |Court under Part 3 of the | | | | |Crimes (Appeal and Review) | | | | |Act 2001, as applied to | | | | |proceedings under Part 4 of | | | |_________________________________________________________________________| | |(a) in relation to a single |$100 |— | |_________________________________________________________________________| | |(b) in relation to more than| | | | |1 notice arising from the |$53 |— | |_________________________________________________________________________| Part 5 - Miscellaneous court fees _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |Issuing a subpoena (for | | | |1 |production, to give |$72 |$144 | |_____________________________________________________________________________| | |Receipt by the registrar of | | | | |a document or thing produced| | | |2 |in compliance with a notice |$72 |$144 | | |to produce under Part 34 of | | | | |the Uniform Civil Procedure | | | |_____________________________________________________________________________| | |Filing or registering a copy| | | | |or certificate of a | | | | |judgment, order, | | | |3 |determination, decree, |$80 |$160 | | |adjudication or award of any| | | | |other court or person under | | | | |section 133 of the Civil | | | |_____________________________________________________________________________| | |Opening or keeping open the | | | | |registry or part of the | | | |4 |registry:(a) on a Saturday, |$636 |$1,272 | | |Sunday or public holiday(b) | | | | |on any other day before 9 am| | | |_____________________________________________________________________________| | |Requesting production to the| | | |5 |court of documents held by |$53 |$106 | |_____________________________________________________________________________| | |Furnishing one or more | | | | |sealed or certified copies | | | | |of a judgment or order, or | | | |6 |of the written opinion or |$53 |— | | |reasons for opinion of any | | | | |judicial or other officer of| | | |_____________________________________________________________________________| | |Retrieving, providing access|$11.10, plus $5.50 for each| | | |to and furnishing a copy of |10 pages (or part of 10 | | |7 |any document (otherwise than|pages) after the first 20 |— | | |as provided for by items 6, |pages | | |_____________________________________________________________________________| | |Retrieving and providing | | | |8 |access to, but not |Nil |— | | |furnishing a copy of, any | | | |_____________________________________________________________________________| | |Supplying a duplicate | | | |9 |recording of sound-recorded |$45.50 |— | | |evidence—per cassette tape| | | |_____________________________________________________________________________| | |Supplying a copy of a | | | |10 |transcript of any | | | |_____________________________________________________________________________| | |(a) where the matter being |$79, plus an additional | | | |transcribed is under 3 |$9.70 for each page after |— | |_____________________________________________________________________________| | |(b) where the matter being |$97, plus an additional $11| | | |transcribed is 3 months old |for each page after the |— | |_____________________________________________________________________________| | |Providing any service for | | | | |which a fee is not otherwise| | | | |imposed by this Schedule | | | | | Note: A fee may | | | |11 | not be imposed |$37 |$74 | | | under this item | | | | | except with the | | | | | approval of the | | | |_____________________________________________________________________________| CIVIL PROCEDURE REGULATION 2005 - SCHEDULE 2 SCHEDULE 2 – Sheriff’s fees (Clause 5) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |Serving or attempting service of |$58 for each address at which, and | |1 |any document, including service by |each occasion on which, service is | | |post and preparation of affidavit |effected or attempted | |_____________________________________________________________________________| | |Executing or attempting execution |$72 for each address at which, and | |2 |of an arrest warrant under section |each occasion on which, execution is| |_____________________________________________________________________________| | |Executing or attempting execution |$299 for each address at which, and | |3 |of a writ of possession under Part |each occasion on which, execution is| |_____________________________________________________________________________| | |Executing or attempting execution |$72 for each address at which, and | |4 |of a writ of delivery under Part 8 |each occasion on which, execution is| |_____________________________________________________________________________| | |Executing or attempting execution | | | |of a writ for the levy of property | | | |under Part 8 of the Civil Procedure|$72 for each address at which, and | | |Act 2005 |each occasion on which, execution is| |5 | Note: The 3% levy in |effected or attempted, plus 3% of | | | Column 2 is not payable |the proceeds of enforcement | | | in relation to writs | | | | executed by the Marshal | | |_____________________________________________________________________________| | |Executing or attempting execution |$299 for each address at which, and | |6 |of any court process (other than a |each occasion on which, execution is| | |warrant or writ referred to in item|effected or attempted | |_____________________________________________________________________________| | |Preparing for sale of land | | | |following receipt of notice of sale| | |7 |from judgment creditor under rule |$733 | | |39.22 of the Uniform Civil | | |_____________________________________________________________________________| | |Furnishing a certified copy of a | | |8 |writ for the levy of property for |$21 | | |registration under section 105A of | | |_____________________________________________________________________________| | |Providing Sheriff’s officers to | | |9 |guard property seized under a writ |$400 per Sheriff’s officer per day| | |of execution under Part 8 of the | | |_____________________________________________________________________________| |10 |Attending a view by a jury in civil|$159 | |_____________________________________________________________________________| | |Opening or keeping open the | | |11 |Sheriff’s office on a Saturday, |$641 | | |Sunday or public holiday or on any | | |_____________________________________________________________________________| | |Retrieving, providing access to and|$11.10, plus $5.50 for each 10 pages| |12 |furnishing a copy of any document |(or part of 10 pages) after the | | |(otherwise than as provided by item|first 20 pages | |_____________________________________________________________________________| CIVIL PROCEDURE REGULATION 2005 - NOTES Does not include amendments by: Civil Procedure Amendment (Retrieval Fees) Regulation 2011 (664) (LW 16.12.2011) (not commenced — to commence on 1.1.2012) CIVIL PROCEDURE REGULATION 2005 - NOTES Reprint history: Reprint No 1 27 March 2007 Reprint No 2 12 October 2010 CIVIL PROCEDURE REGULATION 2005 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsCivil Procedure Regulation 2005 (410). GG No 100 of 10.8.2005, p 4208. Date of commencement, 15.8.2005, cl 2. This Regulation has been amended as follows: _____________________________________________________________________________ | | |Civil Procedure Amendment (Real Property Act) Regulation | |2005|(444) |2005. GG No 105 of 19.8.2005, p 4572. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Savings and Transitional) Regulation | | |(628) |2005. GG No 122 of 7.10.2005, p 8169. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Fees) Regulation | |2006|(358) |2006. GG No 84 of 30.6.2006, p 4802. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Fees) Regulation | |2007|(278) |2007. GG No 83 of 29.6.2007, p 3990. | | | | | |_____________________________________________________________________________| | | |Miscellaneous Acts (Local Court) | | | |Amendment Act 2007. Assented to 13.12.2007. | | | | | | |No 94 |Date of commencement of Schs 1.13 [1] and 2, 6.7.2009, sec 2 and | | | |2009 (314) LW 3.7.2009; Sch 1.13 [2] was not commenced and the | | | |Act was repealed by the Statute Law (Miscellaneous Provisions) | | | |Act (No 2) 2009 No | |_____________________________________________________________________________| | | |Civil Procedure Further Amendment (Fees) Regulation | | |(621) |2007. GG No 185 of 21.12.2007, p 9832. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Fees) Regulation | |2008|(219) |2008. GG No 76 of 27.6.2008, p 5977. | | | | | |_____________________________________________________________________________| | | |State Revenue and Other Legislation | | |No 122|Amendment (Budget Measures) Act 2008. Assented to 10.12.2008. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Fees) Regulation | |2009|(113) |2009. LW 3.4.2009. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Further Amendment (Fees) Regulation | | |(262) |2009. LW 26.6.2009. | | | | | |_____________________________________________________________________________| | | |Statute Law (Miscellaneous | | |No 106|Provisions) Act (No 2) 2009. Assented to 14.12.2009. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Copy Fee) Regulation | |2010|(102) |2010. LW 26.3.2010. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Fees) Regulation | | |(327) |2010. LW 1.7.2010. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Savings and Transitional) (Industrial | | |(521) |Relations Commission) Regulation 2010. LW 10.9.2010. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Further Amendment (Fees) Regulation | | |(591) |2010. LW 15.10.2010. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Excluded Proceedings) Regulation | |2011|(126) |2011. LW 3.3.2011. | | | | | |_____________________________________________________________________________| | | |Civil Procedure Amendment (Fees) Regulation | | |(378) |2011. LW 29.7.2011. | | | | | |_____________________________________________________________________________| Table of amendments _____________________________________________________________________________ |Cl 4 |Am 2007 (278), Sch 1 [1]–[3]; 2007 No 94, Schs 1.13 [1], 2; | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Subst 2006 (358), Sch 1 [6]; 2007 (278), Sch 1 [8]. Am 2007 | | |(621), Sch 1. Subst 2008 (219), Sch 1 [4]. Am 2008 No 122, Sch 5 | |Sch 1 |[2]–[4]; 2009 (113), cl 3. Subst 2009 (262), Sch 1. Am 2009 No | | |106, Sch 4.7 [1]–[4]; 2010 (102), cl 3. Subst 2010 (327), Sch | |_____________________________________________________________________________| | |Subst 2006 (358), Sch 1 [6]; 2007 (278), Sch 1 [8]; 2008 (219), | |Sch 2 |Sch 1 [4]; 2009 (262), Sch 1; 2010 (327), Sch 1; 2011 (378), Sch | |_____________________________________________________________________________|