Victorian Consolidated Legislation

County Court Act 1958 - SECT 28

Court fees payable by suitors

28. Court fees payable by suitors



(1) There shall be payable on every civil proceeding in the court to the
registrar or a deputy registrar of the court at or for the place where the
proceeding is to be heard such fees as are allowed in the manner next
hereinafter mentioned and none other; and a table of such fees shall be put up
in some conspicuous place in the court house and in the registrar's or the
deputy registrar's office; and the fees on every proceeding shall be paid in
the first instance by the party on whose behalf such proceeding is to be had
on or before such proceeding; and the fees upon execution or commitment,
excluding fees payable to the bailiff, shall be paid into court before or at
the time of the issue of the writ or other process.

(2) The Governor in Council may direct what amount of fees and in respect of
what steps taken process issued or duties performed fees shall be taken in the
court in such manner as he thinks fit, and lessen or increase the same.

(3) Such fees may be regulated by way of percentage on the amount of the
demand; and the Governor in Council may appoint instead of all or any of the
fees which may from time to time be payable as aforesaid other fees by way of
percentage or otherwise to be payable on such proceedings under this Act as
the Governor in Council may direct.

(4) The registrar or a deputy registrar at or for the place where a civil
proceeding is to be heard may, having regard to the income, day to day living
expenses, liabilities and assets of the person liable to pay a fee on that
proceeding, waive payment of that fee if, in his or her opinion, the payment
of that fee by that person would cause him or her financial hardship and, in
that case, that fee is not payable.

(5) Subsection (4) does not apply to fees payable to the bailiff.