UNIFORM CIVIL PROCEDURE (FEES) REGULATION 1999 Reprinted as in force on 1 September 2008 Reprint No. 3B NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 SL No. 183 s 22 > TABLE OF PROVISIONS Contents Part 1--Preliminary 1. Short title 2. Commencement 2A. Definition Part 2--Court fees 3. Fees for Supreme Court and District Court 4A. Fees if account taken 4B. Fees if assessment of costs 4C. Deposit for fees 5. Fees for Magistrates Courts Part 3--Alternative dispute resolution fees 6. Fees for approval as mediator 7. Fees for approval as case appraiser Part 4--Allowances for witnesses and interpreters Division 1--Preliminary 8. Definitions for pt 3 Division 2--Allowances for witnesses and interpreters other than prisoners 9. Application of division 2 10. Witness allowances 11. Travelling allowance 12. Accommodation allowance 13. Non-professional attendance allowance 14. Professional or expert attendance allowance 15. Interpreter attendance allowance 16. When additional amount may be allowed 16A. Increase if GST payable Division 3--Allowances for witnesses or interpreters who are prisoners 17. Witnesses and interpreters who are prisoners Part 5--Transitional 18. Fee for application for admission SCHEDULE 1 FEES PAYABLE IN THE SUPREME COURT AND THE DISTRICT COURT SCHEDULE 2 MAGISTRATES COURTS FEES Part 1--Court fees Part 2--Bailiff's fees Endnotes 1 Short title This regulation may be cited as the Uniform Civil Procedure (Fees) Regulation 1999. 2 Commencement This regulation commences on 1 July 1999. 2A Definition In this regulation-- assessing registrar see the Uniform Civil Procedure Rules 1999, rule 679. 3 Fees for Supreme Court and District Court (1) Schedule 1 applies for the Supreme Court and the District Court and sets out the fees payable for proceedings in the Supreme Court and the District Court. (2) Schedule 1 does not apply to or affect fees or percentages directed to be taken or paid by an Act for which no fee or percentage is specified in schedule 1. (3) A registrar, enforcement officer, marshal's officer or marshal is not required to pay a fee mentioned in schedule 1. (4) An exempt individual for a fee is not required to pay the fee. (5) In this section-- exempt individual, for a fee, means an individual who has obtained an order under the Uniform Civil Procedure Rules 1999, rule 971(4) exempting the individual from payment of the fee. 4A Fees if account taken (1) On taking an account of an accounting party in the Supreme Court or the District Court, the fees-- (a) must be paid by the party having the conduct of the order under which the account is taken and are part of that party's costs of the proceeding, unless the court or a judge otherwise directs; and (b) if a certificate of the result of the account is required--must be paid when the certificate is filed; and (c) if a certificate is not required--are payable on the account, or part of the account, taken. (2) The registrar of the Supreme Court or the District Court may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received and must make a note of the deposit in the account. (3) On taking an account by order of the Supreme Court or District Court the fees are, on payment, to be included in the account unless the court or a judge otherwise directs. 4B Fees if assessment of costs (1) The fees payable on the assessment of costs in the Supreme Court and the District Court are-- (a) payable on the allowance of any amount on the assessment; and (b) to be fixed by the registrar of the relevant court; and (c) to be paid by the solicitor or party filing the costs statement. (2) The registrar may require a deposit, of not more than the fees payable on the full amount of the costs as submitted for assessment. (3) The registrar must make a note of the deposit on the costs statement. 4C Deposit for fees (1) The registrar, marshal or sheriff may require a deposit on account of fees applicable to a proceeding in the Supreme Court or the District Court-- (a) before the proceeding is started; or (b) at any time during the course of the proceeding. (2) The person requiring the deposit must make a note of the deposit on the court file. 5 Fees for Magistrates Courts (1) Schedule 2 applies for the Magistrates Courts. (2) An enforcement officer is not required to pay a fee mentioned in schedule 2. 6 Fees for approval as mediator The fees for approval as a mediator are-- (a) for the Supreme Court--$435.00; or (b) for the District Court--$435.00; or (c) for a Magistrates Court--$135.00. 7 Fees for approval as case appraiser The fees for approval as a case appraiser are-- (a) for the Supreme Court--$435.00; or (b) for the District Court--$435.00; or (c) for a Magistrates Court--$135.00. 8 Definitions for pt 3 In this part-- expert witness means a witness who attends court to give evidence of an expert nature. interpreter means a person who attends court to interpret the testimony of a witness. nonprofessional witness means a witness who attends court to give evidence of a nonprofessional nature. professional witness means a witness who attends court to give evidence of a professional nature. public transport means any form of passenger transport that is available for use by the public on payment of a fare. relevant person means-- (a) an expert witness; or (b) an interpreter; or (c) a nonprofessional witness; or (d) a professional witness. 9 Application of division 2 (1) Division 2 does not apply to a witness or interpreter to whom section 17 applies. (2) Also, if a witness attends 2 or more proceedings on the same day, the amount to be paid to the witness for each proceeding must be a reasonable share of the total for all the proceedings. 10 Witness allowances (1) Each relevant person is entitled to be paid the following allowances in accordance with this part for attendance at court-- (a) a travelling allowance; (b) an accommodation allowance; (c) an attendance allowance. (2) The travelling allowance is a payment made towards meeting the costs incurred by the relevant person in travelling to and from the court. (3) The accommodation allowance is a payment made towards meeting the costs incurred by the relevant person for accommodation and meals when the relevant person is necessarily absent from the person's place of residence to attend court. (4) The attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a relevant person during the person's absence from the person's place of residence to attend court. 11 Travelling allowance (1) The amount of the travelling allowance to be paid to a relevant person is-- (a) the amount actually and properly paid for fares for public transport; or (b) if there is no public transport available--the amount calculated at the rate per kilometre for the time being payable under the Public Service Act 2008 to a public service officer required to use the officer's private motor vehicle for official purposes, taken to the nearest whole cent. (2) A relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court. (3) If a relevant person, travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection (1) (b) for the vehicle. (4) If it was reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance to be paid is-- (a) for a nonprofessional witness or an interpreter--the amount payable for economy class air travel by the person to and from the court; or (b) for a professional or expert witness--the amount payable for first class air travel by the person to and from the court. (5) For the calculation of travelling allowances, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently travel to the relevant court in reasonable time before the person's required attendance and could conveniently return to the person's place of residence or employment after the person's attendance at court. 12 Accommodation allowance (1) The amount of the accommodation allowance that is to be paid to a relevant person is to be the amount calculated at the rate payable under the Public Service Act 2008 to a public service officer. (2) For subsection (1), the period of absence from the relevant person's place of residence is to be calculated from the time of departure from that place to the time of return to that place and if, after the number of full days absence has been decided, the period remaining is more than 12 hours, that period is to be treated as a day's absence. (3) For calculating accommodation allowances, regard is to be had to the time of the latest public transport of the class used which could conveniently convey the person to the place of attendance at the relevant court in reasonable time before the person's required attendance and, after that attendance, the time of arrival at the person's place of residence or employment of the earliest public transport of that class leaving the place of attendance within a reasonable time after that attendance, unless special reasons exist for some other basis for the calculation. 13 Non-professional attendance allowance The amount of the attendance allowance that is to be paid to a non-professional witness is-- (a) if the witness is under 16--$31.50; or (b) if the witness is 16 or older--$63.00; for each day or part of a day of necessary absence from the witness's place of employment or residence. 14 Professional or expert attendance allowance (1) The amount of the attendance allowance that is to be paid to a professional or expert witness is $195.00 for each day of necessary absence from the person's place of employment, practice or residence to attend court. (2) If the period for which a professional or expert witness is necessarily absent is 7 hours or less, the amount of the attendance allowance that is to be paid is-- (a) for an absence of 3 hours or less--$74.00; or (b) for an absence of more than 3 hours but not more than 4 hours-- $100.00; or (c) for an absence of more than 4 hours but not more than 5 hours-- $125.00; or (d) for an absence of more than 5 hours but not more than 6 hours-- $150.00; or (e) for an absence of more than 6 hours but not more than 7 hours-- $175.00. (3) However, if the witness is a doctor who is employed under the Health Services Act 1991 as a health service employee at a hospital, the attendance allowance that is to be paid is $65.00 for each day or part of a day of necessary absence from the hospital at which the person is employed. (4) Travelling time is to be taken into account for deciding the amount of the allowance under this section. 15 Interpreter attendance allowance (1) The amount of the attendance allowance that is to be paid to an interpreter is $200.00 for each day of necessary absence from the interpreter's place of employment or residence to attend court. (2) If the period for which the interpreter is necessarily absent is less than 8 hours, the amount of that attendance allowance is-- (a) for the first 2 hours or part of 2 hours--$50.00; and (b) for each additional hour or part of an hour--$23.50. (3) Travelling time is to be taken into account for deciding the amount of the allowance under this section. 16 When additional amount may be allowed (1) If the registrar considers it is reasonable for an additional amount to be paid to a witness under section 13, 14 or 15 because of special circumstances, the registrar may approve the payment of an additional reasonable amount. (2) It is a special circumstance that a doctor is a specialist registrant under the Medical Practitioners Registration Act 2001. 16A Increase if GST payable If an amount payable under section 14 or 15 is for a supply on which GST is payable, the amount payable under the section is to be increased to take account of the GST. 17 Witnesses and interpreters who are prisoners (1) A prisoner granted leave of absence under the Corrective Services Act 1988 to engage in employment who incurs any loss of salary or wages while attending court as a witness or an interpreter is entitled to be paid fees and expenses, of not more than the amounts of the allowances that may be paid to witnesses and interpreters, decided by the chief executive of the department within which the Supreme Court of Queensland Act 1991 is administered. 18 Fee for application for admission The fee stated in schedule 1, item 3(1), does not apply to an application for admission as a legal practitioner at sittings to be held in July 2004. - SCHEDULE 1 FEES PAYABLE IN THE SUPREME COURT AND THE DISTRICT COURT Supreme Court District Court $ $ Originating process 1 (1) Filing any claim, including a writ in admiralty-- (a) if there is only 1 plaintiff and the plaintiff is an individual, or if there is more 482.00 465.00 than 1 plaintiff and all plaintiffs are individuals (b) otherwise 964.00 920.00 (2) Filing any application, other than an application mentioned in item 2, that is an originating process-- (a) if there is only 1 applicant and the applicant is an individual, or if there is more 482.00 465.00 than 1 applicant and all applicants are individuals (b) otherwise 964.00 920.00 (3) Filing any document initiating any appeal, including a case stated-- (a) if there is only 1 party initiating the appeal and the party is an individual, or if 482.00 465.00 there is more than 1 party initiating the appeal and they are all individuals (b) otherwise 964.00 920.00 Administration of estates 2 Filing-- 509.00 not applicable 509.00 not applicable 509.00 not applicable Any other documents (1) Application to the Supreme Court to be 3 admitted to the legal profession under the 50.00 not applicable Legal Profession Act 2007 (2) Filing or receiving any document not connected with a matter already on record and not otherwise provided for, including the 82.00 71.00 filing or receiving of any document in the sheriff's office or marshal's office (3) If a fee is paid under subitem (2) in relation to a document, a further fee is not payable under the subitem for filing any subsequent document related to the first document. Opening offices Opening, or keeping open, the registry, 4 sheriff's office or marshal's office after 385.00 385.00 hours Copies Copy of a record of the court or a document or 5 exhibit filed in the registry, sheriff's office or marshal's office, including reasons for judgement-- (a) first copy--each page 1.80 1.80 (b) maximum fee for first copy 52.00 52.00 (c) additional copy--each page 0.50 0.50 (d) maximum fee for additional copy 21.00 21.00 6 (1) Certifying a copy of a record of the court 49.50 49.50 or a document or exhibit filed in the registry (2) This fee is in addition to the fee mentioned in item 5. (3) This fee does not apply to certifying the original certificate of admission of a person to the legal profession under the Legal Profession Act 2007. Attendance of officer 7 (1) For an officer-- for each hour or part of an hour 81.00 81.00 but not more than, for each day 405.00 405.00 (2) The reasonable travelling and other expenses of the officer are also payable. Public searches 8 (1) Searching the records, for each name or 18.50 18.50 file (2) Retrieval fee from Queensland State 18.50 18.50 Archives, for each file Assessment of costs, other references, inquiries and accounts 9 Taking an account before the registrar--for 81.00 81.00 each hour or part of an hour (1) Assessment by an assessing registrar of a 10 costs statement under the Uniform Civil 81.00 81.00 Procedure Rules 1999, rule 708, wholly or partly--for each hour or part of an hour (2) Assessment by an assessing registrar of a costs statement other than under the Uniform 9.70 9.70 Civil Procedure Rules 1999, rule 708--for each $100 or part of $100 allowed Miscellaneous 11 (1) *Drawing an advertisement 105.00 105.00 (2) Settling and executing a deed of transfer 105.00 105.00 (3) Executing a commission of valuation or sale or valuation and sale of a ship, in addition to 100.00 not applicable any fee paid to the valuer or auctioneer 12 Certificate of registrar 49.50 49.50 13 Preparation and photocopying of documents for inclusion in appeal books-- (a) first copy--each page 1.80 not applicable (b) additional copy--each page 0.50 not applicable (c) binding of appeal books--each book 7.80 not applicable Enforcement officer's and marshal's expenses *Any amount that the registrar, sheriff or 14 marshal considers was actually and reasonably incurred for the following-- (a) each person left in possession; (b) the securing and safe custody of property under seizure; (c) (i) board and lodging; Poundage (1) On enforcing each warrant or other process under, or because of, which an amount is 15 received by the registrar or sheriff or by the 105.00 105.00 enforcement creditor--2.5 % of the amount received, but not less than (2) On enforcing warrant of possession--2.5 % determined on annual rent or value, but not 105.00 105.00 less than (3) No fee is payable on the sale of a ship or goods sold by the marshal under a judgement or order of the court. Fees payable to enforcement officer, marshal or marshal's officer (1) Service or attempted service, or 16 enforcement or attempted enforcement, of a warrant, process or document-- 77.00 77.00 13.50 13.50 (2) The fee is additional to any travelling fees. 17 2.70 2.70 18 24.00 24.00 19 2.70 2.70 20 Release of a ship, goods, or person from arrest 35.50 not applicable (if actual attendance necessary) 21 12.50 not applicable * May be payable to the enforcement officer, marshal or marshal's officer. - SCHEDULE 2 MAGISTRATES COURTS FEES $ 1 Filing claim-- (a) if amount claimed is $2500 or less 120.00 (b) if amount claimed is more than $2500 but less than $10000 175.00 (c) if amount claimed is $10000 or more 190.00 Registering a judgement or order issued out of a court other than a 2 State court or tribunal (including enforcement action taken on the judgement)-- (a) if amount claimed is $2500 or less 79.00 (b) if amount claimed is more than $2500 but less than $10000 79.00 (c) if amount claimed is $10000 or more 84.00 3 Filing a minor debt claim-- (a) if amount claimed is $2500 or less 50.00 (b) if amount claimed is more than $2500 85.00 4 Filing an employment claim mentioned in the Magistrates Courts Act 42.00 1921, section 42B 5 Filing a document (other than a claim) to start a proceeding 79.00 6 Certifying a copy of an order or a copy of another document (other 20.50 than a record under the Recording of Evidence Act 1962) 7 Inspecting records in a proceeding-- (a) within 4 years of filing of claim (not payable by parties) 10.50 (b) more than 4 years from filing of claim (including parties) 19.50 8 Copying records in a proceeding not subject to the Recording of Evidence Act 1962-- 1.80 52.00 0.50 21.00 Poundage if an enforcement officer enforces an enforcement warrant or other process under, or because of, which money is received by the 9 bailiff or enforcement creditor--5% on first $200 and 2.5% on the 49.50 balance (the first $200 is to be paid to the bailiff), but not less than Opening, or keeping open, the registry between 8a.m. and 9a.m. or 10 between 4p.m. and 6p.m. on a day other than a Saturday, Sunday, 125.00 public holiday or court holiday Assessment of costs 11 Making an appointment for directions or for assessment of a costs 37.00 statement by an assessing registrar Assessment by an assessing registrar of a costs statement under the 12 Uniform Civil Procedure Rules 1999, rule 708, wholly or partly--for 81.00 each hour or part of an hour 13 9.70 14 For an order for the amount assessed 50.00 15 2.70 16 Serving (including attempting to serve) a claim, application, subpoena 36.50 or other process within 12km of the registry--each person served 17 Enforcing (including attempting to enforce) a warrant within 12km of 53.00 the registry--each bailiff 18 If the bailiff collects and pays into court not less than 50% but less 17.50 than 85% of the order debt due under the warrant--an additional fee 19 If the bailiff collects and pays into court not less than 85% of the 34.50 order debt due under the warrant--an additional fee 20 Each bailiff left in possession--for each day, not more than 77.00 21 If board and lodging are not supplied, actual and reasonable expenses incurred are at the discretion of the registrar. 22 The registrar may allow other actual and necessary payments made for the safe custody of property under seizure. No fee is payable for the custody and possession of property under 23 seizure if the property is not kept in the actual possession of the bailiff. 24 The following amounts are at the discretion of the registrar, if actually and reasonably incurred-- 25 26 68.00 27 Taking a person to prison or place of detention--for each kilometre 2.70 28 17.50 - NOTES Page Date to which amendments incorporated 24 Key 24 Table of reprints 25 List of legislation 25 List of annotations 27 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 September 2008. Future amendments of the Uniform Civil Procedure (Fees) Regulation 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 1 July 1999 1 July 1999 1A 2000 SL No. 66 1 May 2000 5 May 2000 1B 2000 SL No. 146 1 July 2000 18 August 2000 1C 2001 SL No. 111 30 July 2001 14 September 2001 1D 2002 SL No. 31 1 March 2002 15 March 2002 Reprint No. Amendments included Effective Notes 1E 2002 SL No. 223 1 September 2002 1F 2003 SL No. 237 6 October 2003 1G 2004 SL No. 109 1 July 2004 1H rv 2004 SL No. 178 20 September 2004 R1H rv withdrawn, see R2 2 -- 20 September 2004 2A 2005 SL No. 326 19 December 2005 2B 2006 SL No. 284 27 November 2006 2C 2007 SL No. 275 26 November 2007 2D 2007 SL No. 316 10 December 2007 2E 2007 SL No. 316 1 January 2008 R2E withdrawn, see R3 3 -- 1 January 2008 3A 2008 SL No. 209 1 July 2008 3B 2008 SL No. 266 1 September 2008 >