Attorney General Regulations Amendment (Fees and Charges) Regulations 2017 (WA)
!2017139GG!
WESTERN 3721 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 7 JULY 2017 No. 139 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
Western Australia
Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Contents
Part 1 — Preliminary
1. Citation
2. Commencement
Part 2 — Children’s Court (Fees)
Regulations 2005 amended
3. Regulations amended
4. Schedule 1 replaced
Schedule 1 — Fees
Division 1 — General
Division 2 — Civil jurisdictionDivision 3 — Criminal jurisdiction Part 3 — Civil Judgments Enforcement Regulations 2005
amended
5. Regulations amended
6. Schedule 1 replaced
Schedule 1 — Court fees
7. Schedule 2 amended
8. Schedule 3 amended
Part 4 — Coroners Regulations 1997
amended
9. Regulations amended
3722 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Contents
10. Schedule 3 replaced
Schedule 3 — Other fees
Part 5 — District Court (Fees)
Regulations 2002 amended
11. Regulations amended
12. Schedule 1 replaced
Schedule 1 — Registry fees
13. Schedule 2 amended
Part 6 — Evidence (Video and Audio
Links Fees and Expenses)
Regulations 1999 amended
14. Regulations amended
15. Schedule 1 amended
Part 7 — Fines, Penalties and
Infringement Notices
Enforcement Regulations 1994
amended
16. Regulations amended
17. Schedule 2 amended
Part 8 — Magistrates Court (Fees)
Regulations 2005 amended
18. Regulations amended
19. Schedule 1 replaced
Schedule 1 — Fees
Division 1 — General
Division 2 — Civil jurisdiction
Division 3 — Criminal jurisdictionPart 9 — State Administrative Tribunal Regulations 2004
amended
20. Regulations amended
7 July 2017 GOVERNMENT GAZETTE, WA 3723 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Contents
21. Regulation 9 amended
22. Regulation 10 amended
23. Regulation 11B amended
24. Schedule 20 replaced
Schedule 20 — Other fees
Part 10 — Supreme Court (Fees)
Regulations 2002 amended
25. Regulations amended
26. Schedule 1 replaced
Schedule 1 — Fees
Division 1 — General Division fees Division 2 — Court of Appeal fees
27. Schedule 2 amended
28. Schedule 3 amended
7 July 2017 GOVERNMENT GAZETTE, WA 3725
Children’s Court of Western Australia Act 1988
Civil Judgments Enforcement Act 2004
Coroners Act 1996
District Court of Western Australia Act 1969
Evidence Act 1906
Fines, Penalties and Infringement Notices Enforcement Act 1994
Magistrates Court Act 2004
State Administrative Tribunal Act 2004
Supreme Court Act 1935
Attorney General Regulations Amendment (Fees
and Charges) Regulations 2017
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Attorney General Regulations
Amendment (Fees and Charges) Regulations 2017.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) the rest of the regulations — (i) if gazettal day is before 1 July 2017 — on
1 July 2017; or
(ii) if gazettal day is, or is after, 1 July 2017 — on
the day after gazettal day.
3726 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 3 Part 2 — Children’s Court (Fees)
Regulations 2005 amended
3. Regulations amended
This Part amends the Children’s Court (Fees) Regulations 2005.
4. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 4]
Division 1 — General
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
1. (a) for every order or conviction drawn up in the Court’s
criminal jurisdiction ....................................... 16.40 4.95 (b) issue of a duplicate document or
order ............................................................... 16.40 4.95 2. For the service of any application,
summons, originating process, notice
or order of the Court or any other
process requiring service ........................................ 71.50 71.50 NOTE
The fee is payable whether or not the service is successful and covers up to
3 attempts at service at the same address.
7 July 2017 GOVERNMENT GAZETTE, WA 3727 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 4
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
3. If it is necessary to travel to execute a
warrant or other process, or on
service of a summons, order of the
Court, other process or document, or
on making an arrest or for all
attempts, attendances and
inspections, from the enforcement
officer’s office or nearest Police
Station —
(a) for each kilometre travelled (1 way) in the metropolitan area
......................................................................... 1.85 1.85
(b) for each kilometre travelled (1 way) outside the
metropolitan area ............................................ 2.05 2.05
NOTE
If more than 1 process or document is executed or served by an enforcement officer at the same time on the same person or on different persons at the
same address, only 1 allowance for kilometres is chargeable.
4. (a) for searching any record or proceeding other than a search by or on behalf of a party to the proceedings in the Court’s civil
jurisdiction ...................................................... 41.40 12.40
3728 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 4
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
(b) listening to or viewing any electronic recording that
requires supervision by an
officer of the Court, a search fee
of .................................................................... 41.40 12.40
and in addition to the search fee, for
each hour of the officer’s time ................................ 103.00 30.80
5. (a) on an application or summons for the production of records or documents that are required to be produced to any court,
tribunal, arbitrator or umpire .......................... 61.00 18.30 (b) if an officer is required to attend at any court or place out of the Court building where the officer is based, the officer’s reasonable expenses and, in addition for each hour when the officer is necessarily absent
from the officer’s office ................................. 91.00 27.30 6. (a) copies of documents or exhibits
for each page or part of a page ....................... 1.70 0.50 7 July 2017 GOVERNMENT GAZETTE, WA 3729 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 4
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
(b) for a copy of reasons for judgment —
(i) for each copy consisting of not more than 10 pages
issued to a person not a
party to the proceedings
and for each copy in excess
of 1 copy issued to a party
to the proceedings ................................... 14.40 4.40 (ii) for each copy consisting of
10 or more pages an
additional fee per page of ....................... 1.85 0.55
(c) for certifying that a document is
a true copy, an additional fee of ..................... 19.95 6.00
NOTE
Fee under item 6(a) for a copy of an application is not payable where
circumstances under regulation 6(4) exist.
7. (a) For a copy of a transcript, or part of a transcript —
(i) provided within 1 day after
the day on which the fee is 19.10 plus 5.70 plus paid; or .................................................... 7.85 per page 2.35 per page (ii) provided within 4 days
after the day on which the 19.10 plus 5.70 plus
fee is paid; or .......................................... 6.80 per page 2.05 per page
(iii) provided within 7 days
after the day on which the 19.10 plus 5.70 plus fee is paid ................................................ 6.55 per page 2.00 per page
3730 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 4
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
(b) For an additional copy of the transcript, or part of the
transcript, provided underparagraph (a) —
(i) in electronic format ................................. 19.95 6.00
(ii) paper copy .............................................. 1.95 per page 0.55 per page
NOTE
Fees under this item are payable in the case of an indictable offence dealt
with summarily.
Division 2 — Civil jurisdiction
Item Matter Column A Column B
Fee for Fee for
individual eligible individual
$ $
1. On filing an application for a
misconduct restraining order under
the Restraining Orders Act 1997 ............................. 119.00 35.70 2. On the execution of an arrest warrant
of any kind —
(a) for arresting the person ................................... 130.00 130.00
(b) for conveying the person to a court or a custodial place and
releasing the person from arrest
or custody ........................................................ 130.00 130.00
7 July 2017 GOVERNMENT GAZETTE, WA 3731 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 4
Item Matter Column A Column B
Fee for Fee for
individual eligible individual
$ $
(c) for each 30 minutes after 2 hours and 30 minutes that an
enforcement officer is required
to keep the person in custody
until the person is conveyed to
a court or a custodial place ............................. 34.50 34.50
NOTE 1
The fee under paragraph (a) is payable whether or not the Sheriff’s functions
under the warrant are performed and includes up to 3 attempts to perform the
functions at the same address.
NOTE 2
The fee under paragraph (a) includes —
(a) receipt of the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report.
3. For an application for an
extraordinary drivers licence ................................... 196.50 61.50
3732 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 4 Division 3 — Criminal jurisdiction
Item Matter Column A Column B
Fee for Fee for
individual eligible individual
$ $
1. On filing —
(a) a prosecution notice ........................................ 100.00 29.90
(b) an application under the Criminal Procedure Act 2004
section 71 ........................................................ 100.00 29.90 2. For the issue of a summons or court
hearing notice to an accused ................................... 19.15 5.70 3. For a warrant of any kind —
(a) issue of it ......................................................... 100.00 29.90
(b) execution of it ................................................. 130.00 130.00
7 July 2017 GOVERNMENT GAZETTE, WA 3733 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Civil Judgments Enforcement Regulations 2005 amended Part 3
r. 5
Part 3 — Civil Judgments Enforcement
Regulations 2005 amended
5. Regulations amended
This Part amends the Civil Judgments Enforcement
Regulations 2005.
6. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Court fees
[r. 105]
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity individual
$ $ $
1. For an application or
request under the Act —
(a) a judgment not
exceeding $10 000 100.00 150.50 30.10
(b) all other judgments 162.50 244.00 48.70 Note 1:
The fee is payable only once on the first application or request by a judgment creditor or other person
entitled to the benefit of the judgment.
Note 2:
No fee is payable in relation to interpleader proceedings.
Note 3:
No fee is payable for registering a judgment or order of a court or tribunal of the State for the purpose
of enforcing the judgment or order.
Note 4:
No fee is payable for an application or request brought by a person other than a judgment creditor or
other person entitled to the benefit of the judgment.
3734 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 3 Civil Judgments Enforcement Regulations 2005 amended r. 7
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity individual
$ $ $
Note 5:
The fee payable on an application relating to an order made in the exercise of the jurisdiction referred to in the Residential Tenancies Act 1987 section 12A is the fee payable on an application in relation
to a judgment not exceeding $7 500.
2. Registering a judgment in a court under the Service
and Execution of Process
Act 1992
(Commonwealth)
section 105(1)85.00 112.50 25.50 7. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 2 it. 1(a) 49.90 51.00 Sch. 2 it. 1(b) 70.50 71.50 Sch. 2 it. 1(c) 34.40 35.00 Sch. 2 it. 2 160.00 163.00 Sch. 2 it. 3 128.00 130.00 Sch. 2 it. 4 68.00 69.00 Sch. 2 it. 5 7.40 7.55
7 July 2017 GOVERNMENT GAZETTE, WA 3735 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Civil Judgments Enforcement Regulations 2005 amended Part 3
r. 8
Item Delete Insert
Sch. 2 it. 6(a) 1.80 1.85 Sch. 2 it. 6(b) 2.00 2.05 Sch. 2 it. 7 673.00 685.00 Sch. 2 it. 8 107.00 109.00 $351 $357.00 Sch. 2 it. 10 Note 1 Sch. 2 it. 11(a) 128.00 130.00 Sch. 2 it. 11(b) 128.00 130.00 Sch. 2 it. 11(c) 33.90 34.50 Sch. 2 it. 12 33.90 34.50 Sch. 2 it. 18 16.10 16.40 Sch. 2 it. 19(a) 1.65 1.70 Sch. 2 it. 19(b) 19.50 19.85 8. Schedule 3 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 3 it. 1 113.50 115.50 Sch. 3 it. 2 45.20 46.00
3736 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 3 Civil Judgments Enforcement Regulations 2005 amended r. 8
Item Delete Insert
Sch. 3 it. 3 107.00 109.00 Sch. 3 it. 4 266.00 271.00 Sch. 3 it. 5 323.00 329.00 Sch. 3 it. 6 107.00 109.00 Sch. 3 it. 7 68.50 69.50 Sch. 3 it. 8 68.50 69.50 Sch. 3 it. 9 229.00 233.00 Sch. 3 it. 10 107.00 109.00 Sch. 3 it. 12(b) 68.00 69.00
7 July 2017 GOVERNMENT GAZETTE, WA 3737 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Coroners Regulations 1997 amended Part 4
r. 9
Part 4 — Coroners Regulations 1997 amended
9. Regulations amended
This Part amends the Coroners Regulations 1997.
10. Schedule 3 replaced
Delete Schedule 3 and insert:
Schedule 3 — Other fees
[r. 22]
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
1. Copy of document or exhibit,
for each page or part of a page 1.70 0.50 2. Copy of record of investigation
into a death —
(a) for 1 copy on the request of a person who is an
interested person under
regulation 17(a) or (b) Nil Nil
(b) for each additional copy on the request of a person who
is an interested person
under regulation 17(a) or
(b), for each page or part of
a page 1.40 0.45
3738 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 4 Coroners Regulations 1997 amended r. 10
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
(c) for each copy on the request of any other
person, for each page or
part of a page 1.40 0.45 3. Certifying under seal that a
document is a true copy 19.95 6.00 4. Copy of transcript or notes of
evidence, for each page or part
of a page —
(a) provided within 1 day
after the day on which 19.10 plus 5.70 plus
the fee is paid; or 7.85 per page 2.35 per page (b) provided within 4 days
after the day on which 19.10 plus 5.70 plus
the fee is paid; or 6.80 per page 2.05 per page (c) provided within 7 days
after the day on which 19.10 plus 5.70 plus
the fee is paid 6.55 per page 2.00 per page 5. Copy of transcript or notes of
evidence in electronic format if
a fee has been paid under item 4
by the applicant for a copy of
the transcript or notes of
evidence, for each day of
transcript or notes of evidence 19.95 6.00
7 July 2017 GOVERNMENT GAZETTE, WA 3739 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Coroners Regulations 1997 amended Part 4
r. 10
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
6. Copy of transcript or notes of
evidence not in electronic
format if a fee has been paid
under item 4 by the applicant for
a copy of the transcript or notes
of evidence, for each page or
part of a page 1.95 0.55
3740 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 5 District Court (Fees) Regulations 2002 amended r. 11 Part 5 — District Court (Fees)
Regulations 2002 amended
11. Regulations amended
This Part amends the District Court (Fees) Regulations 2002.
12. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Registry fees
[r. 4]
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. On filing any originating process by which a cause, matter or other proceeding in the court is
commenced, other than proceedings of the kind referred to in item 2, 3, 4,
5 or 9 816.00 1 592.00 100.00 2. On filing an application
for an extraordinary
licence under the RoadTraffic (Authorisation to
Drive) Act 2008 section 27 196.50 N/A 59.00 3. On filing an application for an order made under the Spent Convictions
Act 1988 section 6(1) 119.00 N/A 35.70
7 July 2017 GOVERNMENT GAZETTE, WA 3741 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
District Court (Fees) Regulations 2002 amended Part 5
r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
4. On filing —
(a) a counterclaim 816.00 1 592.00 100.00 (b) a third party notice 816.00 1 592.00 100.00
(c) an application — (i) to extend a period
of time fixed by
law, including an
application to
extend time before
proceedings are
commenced
(ii) to limit a period of time within which proceedings may
be taken
(iii) for leave to serve a writ or notice of a writ out of
jurisdiction 307.00 529.00 92.00
(d) an application for
leave to appeal 0.00 0.00 0.00 (e) any other application for which no fee has been provided in this
Schedule 307.00 529.00 92.00 5. On filing —
(a) an appeal notice 462.00 1 196.00 100.00
3742 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 5 District Court (Fees) Regulations 2002 amended r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) for each additional
half day allocated forthe hearing of the
appeal 358.00 933.00 100.00 Note 1: The fee in item 5(a) includes any directions hearings and the first half day allocated by the District Court for the hearing of the appeal.
Note 2:
The fee in item 5(b) is payable for each half day, allocated by the District hearing.
Note 3:
Under the District Court Rules 2005 rule 56A, if the fee payable under item 5(b) is not paid or waived within 14 days after the date on which the hearing date is set, the appeal may be dismissed for want of prosecution.
6. or matter (including the
assessment of damages in
an action for personalEntry for hearing a cause appointment to hear an
originating summons 816.00 1 592.00 100.00 Note:
This item does not apply to entering an appeal for hearing.
7. Allocation of hearing date,
for each day allocated 716.00 1 865.00 100.00
7 July 2017 GOVERNMENT GAZETTE, WA 3743 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
District Court (Fees) Regulations 2002 amended Part 5
r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 1:
See regulation 10.
Note 2:
This item does not apply to the allocation of a hearing date for an appeal.
8. Daily hearing fee before a court constituted by a
judge 716.00 1 865.00 100.00 Note 1: No fee is payable if the proceedings are of an interlocutory nature only. Note 2: The fee to be charged is to be paid in respect of any number of hearing days greater than the number of hearing days for which a fee has been paid under item 5 or 7.
Note 3: This fee is payable for each additional day or part day that a hearing proceeds beyond the date or dates allocated in item 5 or 7.
Note 4: If the Court only allocates a half day or less for the continuation of the hearing then a fee equal to half the prescribed amount is payable for that period.
Note 5: The daily fee becomes payable on a day to day basis and is payable prior to the daily reconvening of the hearing.
3744 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 5 District Court (Fees) Regulations 2002 amended r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
9. On filing, before a judge
or registrar in chambers —
(a) an interlocutory
application or
summons or motion
returnable 205.00 399.00 61.50
(b) an application for
assessment of
damages other than
in an action for
personal injury 205.00 399.00 61.50 (c) an application for
summary judgment 205.00 399.00 61.50 Note 1: This fee includes the first day of hearing of the application or summons and includes any adjournment of the hearing.
Note 2:
This fee is payable in respect of any application exercising liberty to apply to relist.
10. If the hearing of a matter to which item 8 applies is listed for more than 1 day and proceeds for more
than the number of days listed, the fee prescribed in item 9 is payable for
each additional day or part
day of hearing.
7 July 2017 GOVERNMENT GAZETTE, WA 3745 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
District Court (Fees) Regulations 2002 amended Part 5
r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note:
The daily fee becomes payable on a day to day basis and is payable prior to the daily reconvening of the hearing.
11. On an appointment to tax matter or under the
Commercial Arbitration
Act 2012 —
(a) lodgment fee 205.00 399.00 61.50
(b) in addition to the
lodgment fee, a
taxing fee at the
rate of 2.5% 2.5% 0.0%
Note 1:
The % rate is to be applied to the amount at which the bill is drawn.
Note 2:
The taxing officer must allow, against the person chargeable with the costs as taxed, taxing fees at the rate indicated in item 11(b) of the amount found to be due on taxation.
3746 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 5 District Court (Fees) Regulations 2002 amended r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 3:
If the parties agree on the bill of costs in a cause or matter or under the Commercial Arbitration Act 2012 and the appointment is cancelled, the
following percentage of the fee paid is to be refunded —
(a) if the appointment is cancelled less than 3 days before the day of the appointment, nil; (b) if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%; (c) if the appointment is cancelled 10 or more days before the day of the appointment, 80%.
12. For searching any record
or proceeding 41.40 41.40 12.40 Note: No fee is payable under item 12 for a search made —
(a) by or on behalf of a party to the proceedings; or (b) by an approved recipient of searchable information provided to it under regulation 11A.
13. For provision of
searchable information to
approved recipients underregulation 11A —
(a) fee per action or
matter provided to
recipient 1.85 1.85 0.55
(b) annual fee for
information provided
by email to approved
recipient 1 877.00 1 877.00 100.00
7 July 2017 GOVERNMENT GAZETTE, WA 3747 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
District Court (Fees) Regulations 2002 amended Part 5
r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note:
The fee under item 13(b) is payable on the date on which the recipient is approved by the Attorney General and on each anniversary of that date.
14. (a) On an application for
the production of
records or
documents that are
required to be
produced to any
court, tribunal,
arbitrator or umpire 61.00 61.00 18.30 (b) if an officer is
required to attend at
any court or place
out of the District
Court building, theofficer’s reasonable expenses and, in addition for each hour when the
officer is necessarily
absent from the
officer’s office 91.00 91.00 27.30 15. (a) document of any
kind or an exhibit,
including marking asFor a copy of a required, for each
page or part thereof 1.70 1.70 0.50
3748 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 5 District Court (Fees) Regulations 2002 amended r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) for a copy of reasons for judgment —
(i) for each copy
consisting of not
more than 10 pages
issued to a person
not a party to the
proceedings and
for each copy in
excess of 1 copy
issued to a party to
the proceedings 14.40 14.40 4.25 (ii) for each copy consisting of 10 or
more pages an
additional fee per
page of 1.85 1.85 0.55
(c)
for certifying under seal that a document is a true copy, an
additional fee of 19.95 19.95 6.00 (d) for a certificate
under the hand of a
registrar 39.20 39.20 11.80
7 July 2017 GOVERNMENT GAZETTE, WA 3749 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
District Court (Fees) Regulations 2002 amended Part 5
r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
16. (a) For a copy of a transcript, or part of a transcript —
(i) provided within 1 day after the day
19.10 plus
19.10 plus
5.70 plus
on which the fee is 7.85 per 15.70 per 2.35 per paid page page page (ii) provided within 4 days after the day
19.10 plus
19.10 plus
5.70 plus
on which the fee is 6.80 per 13.70 per 2.05 per paid page page page (iii) provided within 7 days after the day
19.10 plus
19.10 plus
5.70 plus
on which the fee is 6.55 per 13.05 per 2.00 per paid page page page
(b) for an additional copy of the
transcript, or part of
the transcript,
provided underparagraph (a) —
(i) in electronic format 19.95 per 19.95 per 6.00 per
copy copy copy
(ii) paper copy 1.95 per 1.95 per 0.55 per page page page
3750 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 5 District Court (Fees) Regulations 2002 amended r. 13 13. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 2 it. 1(a) 128.00 130.00 Sch. 2 it. 1(b) 128.00 130.00 Sch. 2 it. 1(c) 33.90 34.50 Sch. 2 it. 2 70.50 71.50 Sch. 2 it. 3(a) 1.80 1.85 Sch. 2 it. 3(b) 2.00 2.05 Sch. 2 it. 4 68.00 69.00 Sch. 2 it. 5 217.00 221.00
7 July 2017 GOVERNMENT GAZETTE, WA 3751 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Evidence (Video and Audio Links Fees and Expenses) Part 6 Regulations 1999 amended
r. 14
Part 6 — Evidence (Video and Audio Links Fees and
Expenses) Regulations 1999 amended
14. Regulations amended
This Part amends the Evidence (Video and Audio Links Fees
and Expenses) Regulations 1999.
15. Schedule 1 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert Sch. 1 it. 1(a) $108.00 $110.00 Sch. 1 it. 1(b) $160.50 $163.50 Sch. 1 it. 2 $84.50 $86.00
3752 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 7 Fines, Penalties and Infringement Notices Enforcement Regulations 1994 amended r. 16
Part 7 — Fines, Penalties and Infringement Notices
Enforcement Regulations 1994 amended
16. Regulations amended
This Part amends the Fines, Penalties and Infringement Notices
Enforcement Regulations 1994.
17. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert Sch. 2 Div. 1 it. 1 $18.20 $18.50 Sch. 2 Div. 1 it. 2 $15.50 $15.75 Sch. 2 Div. 1 it. 3 $58.00 $59.00 Sch. 2 Div. 1 it. 4 $38.40 $39.10 Sch. 2 Div. 1 it. 5 $181.00 $184.00 Sch. 2 Div. 2 it. 1 $38.40 $39.10 Sch. 2 Div. 2 it. 2 $181.00 $184.00 Sch. 2 Div. 3 it. 1 $80.00 $81.50 Sch. 2 Div. 3 it. 3 $54.00 $55.00 Sch. 2 Div. 3 it. 4 $58.00 $59.00 Sch. 2 Div. 3 it. 5 $38.40 $39.10 Sch. 2 Div. 3 it. 8 $190.50 $194.00
7 July 2017 GOVERNMENT GAZETTE, WA 3753 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Fines, Penalties and Infringement Notices Enforcement Part 7 Regulations 1994 amended
r. 17
Provision Delete Insert Sch. 2 Div. 3 it. 10 $86.00 $87.50 Sch. 2 Div. 3 it. 11 $190.50 $194.00 Sch. 2 Div. 3 it. 12 $27.30 $27.80
3754 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 18
Part 8 — Magistrates Court (Fees)
Regulations 2005 amended
18. Regulations amended
This Part amends the Magistrates Court (Fees)
Regulations 2005.
19. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 4]
Division 1 — General
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1.
(a)
for every order or conviction drawn
up in the Court’s criminal
jurisdiction 16.40 16.40 4.95 (b) for issue of a
duplicate document
or order 16.40 16.40 4.95
7 July 2017 GOVERNMENT GAZETTE, WA 3755 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
2. For the service of any application, summons, originating process,
notice or order of the
Court or any other
process requiring
service 71.50 71.50 71.50
Note
The fee is payable whether or not the service is successful and covers up to
3 attempts at service at the same address.
3. If it is necessary to
travel to execute a
warrant or other process,
or on service of a
summons, order of the
Court, other process or
document, or on making
an arrest or for all
attempts, attendances
and inspections, from
the enforcement
officer’s office or
nearest Police Station —
(a) for each kilometre travelled (1 way) in
the metropolitan
area 1.85 1.85 1.85 (b) for each kilometre travelled (1 way)
outside the
metropolitan area 2.05 2.05 2.05
3756 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note at the same time on the same person or on different persons at the same address,
only 1 allowance for kilometres is chargeable.
4. (a) for searching any record or proceeding other than a search by or on behalf of a party to the proceedings in the Court’s civil
jurisdiction 41.40 41.40 12.40 (b) for listening to or viewing any electronic recording that requires supervision by an officer of the Court, a search fee
of 41.40 41.40 12.40 And in addition to the
search fee, for each hour
of the officer’s time 101.00 101.00 30.30
Note
Item 4(a) does not apply in relation to information provided under the Magistrates
Court (General) Rules 2005 rule 41A.
7 July 2017 GOVERNMENT GAZETTE, WA 3757 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
5. For provision of
information under the
Magistrates Court
(General) Rules 2005rule 41A —
(a) fee per case specified in the
information 1.85 1.85 0.55 (b) annual fee for
information
provided by email
to approved
recipient 59 579.00 59 579.00 59 579.00
Note
The fee under item 5(b) is payable on the date on which the recipient is approved
by the Attorney General and on each anniversary of that date.
6. (a) on an application or summons for the production of records or documents that are required to be produced to any court, tribunal,
arbitrator or umpire 61.00 61.00 18.30
3758 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) if an officer is required to attend
at any court or
place out of the
Court building
where the officer is
based, the officer’s
reasonable
expenses and, in
addition for each
hour when the
officer is
necessarily absent
from the officer’s
office 91.00 91.00 27.30
7. (a) for copies of documents or exhibits for each page or part of a
page 1.70 1.70 0.50
7 July 2017 GOVERNMENT GAZETTE, WA 3759 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) for a copy of reasons for
judgment —
(i) for each copy consisting of
not more than
10 pages
issued to a
person not a
party to the
proceedings
and for each
copy in excess
of 1 copy
issued to a
party to the
proceedings 14.40 14.40 4.25 (ii) for each copy
consisting of
10 or more
pages an
additional fee
per page of 1.85 1.85 0.55
(c) for certifying that a document is a true
copy, an additional
fee of 19.95 19.95 6.00
Note
Fee under item 7(a) for a copy of an application is not payable where circumstances
under regulation 6(4) exist.
3760 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
8. (a) for a copy of a transcript, or part of a transcript — (i) provided within 1 day
after the day 19.10 plus 19.10 plus 5.70 plus on which the 7.85 per 15.70 per 2.35 per fee is paid page page page
(ii) provided
within 4 days
after the day 19.10 plus 19.10 plus 5.70 plus on which the 6.80 per 13.70 per 2.05 per fee is paid page page page
(iii) provided
within 7 days
after the day 19.10 plus 19.10 plus 5.70 plus on which the 6.55 per 13.05 per 2.00 per fee is paid page page page
(b) for an additional
copy of the
transcript, or partof the transcript,
provided underparagraph (a) —
(i) in electronic 19.95 per 19.95 per 6.00 per
format copy copy copy
7 July 2017 GOVERNMENT GAZETTE, WA 3761 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(ii) paper copy 1.95 per 1.95 per 0.55 per page page page
Note
Fees under this item are payable in the case of an indictable offence dealt with
summarily.
Division 2 — Civil jurisdiction
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. On filing any claim or
any originating process
to commence
proceedings in the
Court —
(a) for a claim not
exceeding $10 000; 120.00 233.00 35.90
(b) for a claim exceeding $10 000
but not exceeding
$50 000; 304.00 594.00 91.50 (c) for a claim
exceeding $50 000 485.00 943.00 100.00
Note
Not payable in respect of applications made under item 10 or 11.
3762 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
2. On filing a counterclaim,
a set-off, a third party
claim or any other
application for which no
fee has been provided in
this Division —
(a) for a claim not
exceeding $10 000 77.50 151.50 23.20
(b) for a claim exceeding $10 000
but not exceeding
$50 000 142.00 235.00 42.50 (c) for a claim
exceeding $50 000 226.00 377.00 67.50 3. On commencing an
appeal —
(a) for a claim not
exceeding $10 000 39.90 103.00 12.00 (b) for a claim exceeding $10 000
but not exceeding
$50 000 60.00 156.50 17.95 (c) for a claim
exceeding $50 000 80.50 210.00 24.10
7 July 2017 GOVERNMENT GAZETTE, WA 3763 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
4. Application for
hearing —
(a) for a claim not
exceeding $10 000 189.50 367.00 56.50 (b) for a claim exceeding $10 000
but not exceeding
$50 000 345.00 664.00 100.00 (c) for a claim
exceeding $50 000 383.00 742.00 100.00
Note 1 cases procedure, residential tenancies proceedings, applications under item 10 or 11
or for relisting a hearing, or if the proceedings are of an interlocutory nature only.
Note 2
No fee is payable in respect of listing an appeal for hearing.
Note 3
No fee is payable by the defendant for applications for hearing of a set-off or
counterclaim providing this fee has been paid previously by the applicant.
Note 4
Includes pre-trial conference, mediation conference, directions hearing and listing
conference.
3764 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
5. For allocation of a date
or dates of hearing of an
application, appeal or
proceedings, for each
half day allocated —
(a) for a claim not
exceeding $10 000 109.00 285.00 32.70 (b) for a claim exceeding $10 000
but not exceeding
$50 000 192.00 498.00 57.50 (c) for a claim
exceeding $50 000 274.00 709.00 82.00
Note 1
This fee is not payable for matters dealt with under the minor cases procedure,
residential tenancies proceedings or applications under item 10 or 11.
Note 2
No fee is payable if the proceedings are of an interlocutory nature only.
Note 3
The fee to be charged is to be determined on the basis that the days allocated for a
hearing are the number of days determined by the Court at a listing conference.
Note 4 or registrar is satisfied that an adjournment was due to circumstances beyond the control of the parties. Otherwise the fee is non-refundable in respect of any
allocated dates that are not required.
7 July 2017 GOVERNMENT GAZETTE, WA 3765 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 5 by the Court not later than 35 days before the date allocated for the commencement of the hearing of the proceedings, an amount equal to 75% of the fee is refundable. If written advice of settlement or written notice of intended adjournment is received by the Court no later than 21 days before the date allocated for the commencement
of the hearing of the proceedings, an amount equal to 50% of the fee is refundable.
6. Half daily hearing fee
before the Court
constituted by a
magistrate —
(a) for a claim not
exceeding $10 000 109.00 285.00 32.70 (b) for a claim exceeding $10 000
but not exceeding
$50 000 192.00 498.00 57.50 (c) for a claim
exceeding $50 000 274.00 709.00 82.00
Note 1 residential tenancies proceedings, applications under item 10 or 11 or if the
proceedings are of an interlocutory nature only.
Note 2 days greater than the number of hearing days for which a fee has been paid under
item 5.
Note 3
This fee is payable for each additional day or part day that a hearing proceeds
beyond the date or dates allocated in item 5.
3766 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 4
The daily fee becomes payable on a day-to-day basis and is payable prior to the
daily reconvening of the hearing.
7. On filing of an
interlocutory application
or application for
assessment of damages
or summary judgment
that requires hearing
before a magistrate or
registrar —
(a) for a claim not
exceeding $10 000 100.00 194.00 29.90 (b) for a claim exceeding $10 000
but not exceeding
$50 000 120.50 233.00 36.00 (c) for a claim
exceeding $50 000 162.50 317.00 48.60
Note 1
This fee is not payable for matters dealt with under the minor cases procedure,
residential tenancies proceedings or applications under item 10 or 11.
Note 2
This fee is inclusive of the hearing of the application and includes any adjournment
of the hearing.
Note 3
This fee is not payable for matters dealt with in the absence of a party.
7 July 2017 GOVERNMENT GAZETTE, WA 3767 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
8. On an appointment to
assess a bill of costs —
(a) for a claim not
exceeding $10 000 100.00 plus 194.00 plus 29.90 plus 2.5% 2.5% 0.0% (b) for a claim exceeding $10 000
but not exceeding
$50 000 120.50 plus 233.00 plus 36.00 plus 2.5% 2.5% 0.0% (c) for a claim exceeding $50 000
162.50 plus
317.00 plus
48.60 plus
2.5% 2.5% 0.0%
Note 1
This fee is not payable for matters dealt with under the minor cases procedure,
residential tenancies proceedings or applications under item 10 or 11.
Note 2
The % rate is to be applied to the amount at which the bill is drawn.
Note 3
If the parties agree on the bill of costs and the appointment is cancelled, the
following percentage of the fee paid is to be refunded —
(a) if the appointment is cancelled less than 3 days before the day of the appointment, nil; (b) if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%; (c) if the appointment is cancelled 10 or more days before the day of the appointment, 80%.
3768 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
9. On the execution of an arrest warrant of any
kind —
(a) for arresting the
person 130.00 130.00 130.00
(b) for conveying the
person to a court or
a custodial place
and releasing the
person from arrest
or custody 130.00 130.00 130.00 (c) for each 30 minutes
after 2 hours and
30 minutes that an
enforcement officer
is required to keep
the person in
custody until the
person is conveyedto a court or a
custodial place 34.50 34.50 34.50
Note 1
The fee under paragraph (a) is payable whether or not the Sheriff’s functions under
the warrant are performed and includes up to 3 attempts to perform the functions at
the same address.
7 July 2017 GOVERNMENT GAZETTE, WA 3769 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 2
The fee under paragraph (a) includes —
(a) receipt of the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and
(d) making any report.
10. For an application for an licence under the Road
Traffic (Authorisation to
Drive) Act 2008
section 27 196.50 N/A 59.00 11. On filing —
(a) an application for a
misconduct
restraining order
under theRestraining Orders
Act 1997 119.00 119.00 35.70
(b) an application under
the Disposal ofUncollected Goods
Act 1970 119.00 119.00 35.70
3770 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(c) an application under the Fines, Penalties and Infringement
Notices
Enforcement
Act 1994section 101, 101AA
or 101A 119.00 119.00 35.70 (d) an application under the Dividing Fences
Act 1961 119.00 119.00 35.70 (e) an application under
the Pawnbrokersand Second-hand
Dealers Act 1994 119.00 119.00 35.70 Division 3 — Criminal jurisdiction
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. On filing —
(a) a prosecution
notice 100.00 100.00 29.90
7 July 2017 GOVERNMENT GAZETTE, WA 3771 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 19
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) an application
under the CriminalProcedure
Act 2004 section 71 100.00 100.00 29.90 2. For the issue of a summons or court hearing notice to an
accused 19.15 19.15 19.15 3. For a warrant of any
kind —
(a) issue of it 100.00 100.00 29.90 (b) execution of it 130.00 130.00 130.00
3772 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 9 State Administrative Tribunal Regulations 2004 amended r. 20
Part 9 — State Administrative Tribunal
Regulations 2004 amended
20. Regulations amended
This Part amends the State Administrative Tribunal
Regulations 2004.
21. Regulation 9 amended
(1) In regulation 9(1) delete the Table and insert:
Table
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. Application 1 549.00 1 549.00 100.00 2. Hearing fee (for each 1 549.00 1 549.00 100.00 day or part of a day allocated, other than
the first day) 3. Application for 289.00 431.00 87.00 assessment of costs plus plus assessment assessment fee of fee of 2.5% of 2.5% of the costs the costs claimed in claimed in the the application application
7 July 2017 GOVERNMENT GAZETTE, WA 3773 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
State Administrative Tribunal Regulations 2004 amended Part 9
r. 21
(2) In regulation 9(2) delete the Table and insert:
Table
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. Application 566.00 1 032.00 100.00 2. Hearing fee (for each 517.00 670.00 100.00 day or part of a day allocated, other than
the first day) 3. Application for 205.00 307.00 61.00 assessment of costs plus plus assessment assessment fee of fee of 2.5% of 2.5% of the costs the costs claimed in claimed in the the application application
3774 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 9 State Administrative Tribunal Regulations 2004 amended r. 21
(3) In regulation 9(4) delete the Table and insert:
Table
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. Application 103.50 103.50 30.90 2. Hearing fee (for each 206.00 206.00 61.50 day or part of a day allocated, other than
the first day) 3. Application for 100.00 149.00 30.00 assessment of costs plus plus assessment assessment fee of fee of 2.5% of 2.5% of the costs the costs claimed in claimed in the the application application
7 July 2017 GOVERNMENT GAZETTE, WA 3775 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
State Administrative Tribunal Regulations 2004 amended Part 9
r. 22
22. Regulation 10 amended
(1) In regulation 10(2) delete the Table and insert
Table
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. Application 566.00 566.00 100.00 2. Hearing fee (for each 517.00 517.00 100.00 day or part of a day allocated, other than
the first day) 3. Application for 205.00 205.00 61.00 assessment of costs plus plus assessment assessment fee of fee of 2.5% of 2.5% of the costs the costs claimed in claimed in the the application application
3776 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 9 State Administrative Tribunal Regulations 2004 amended r. 22
(2) In regulation 10(3) delete the Table and insert
Table
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. Application 1 032.00 1 032.00 100.00 2. Hearing fee (for each 670.00 670.00 100.00 day or part of a day allocated, other than
the first day) 3. Application for 307.00 307.00 92.00 assessment of costs plus plus assessment assessment fee of fee of 2.5% of 2.5% of the costs the costs claimed in claimed in the the application application
7 July 2017 GOVERNMENT GAZETTE, WA 3777 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
State Administrative Tribunal Regulations 2004 amended Part 9
r. 23
23. Regulation 11B amended
In regulation 11B delete the Table and insert
Table
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. Application 465.00 465.00 100.00 2. Hearing fee (for each 465.00 465.00 100.00 day or part of a day allocated, other than
the first day) 3. Application for 161.00 244.00 48.30 assessment of costs plus plus assessment assessment fee of fee of 2.5% of 2.5% of the costs the costs claimed in claimed in the the application application
3778 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 9 State Administrative Tribunal Regulations 2004 amended r. 24 24. Schedule 20 replaced
Delete Schedule 20 and insert:
Schedule 20 — Other fees
[r. 27]
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. Application under
section 22(1) of the Act ................. 94.50 189.50 28.30 2. For a copy of a
document, for each page
or part of a page ............................ 1.35 1.35 0.40 3. For a copy of reasons for
decision, for each page or
part of a page —
(a) for 1 copy on the request of a party
to the application ................ 0.00 0.00 0.00
(b) for each additional
copy on the
request of a party
to the application ................ 1.40 1.40 0.40
(c) for each copy on
the request of a
person who is not
a party to the
application .......................... 1.40 1.40 0.40
7 July 2017 GOVERNMENT GAZETTE, WA 3779 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
State Administrative Tribunal Regulations 2004 amended Part 9
r. 24
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
4. For certifying under a
seal that a document is a
true copy, an additional
fee of ............................................. 18.35 18.35 5.50 5.
(a) For a copy of a transcript, or part of
a transcript —
(i) provided to a
party within
1 day after 19.10 5.70
the day on 19.10 plus plus
which the fee plus 7.85 15.70 per 2.35 per
is paid .......................... per page page page (ii) provided to a
party within
4 days after 19.10 5.70
the day on 19.10 plus plus
which the fee plus 6.80 13.70 per 2.05 per
is paid .......................... per page page page
(iii) provided to a
party within
7 days after 19.10 19.10 5.70 the day on plus plus plus which the fee 6.55 per 13.05 per 2.00 per is paid .......................... page page page
3780 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 9 State Administrative Tribunal Regulations 2004 amended r. 24
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) For an additional copy of the
transcript, or part of
the transcript,
provided to a party
underparagraph (a) —
(i) in electronic 19.95 per 19.95 per 6.00 per
format ......................... copy copy copy
(ii) paper copy .................. 1.95 per 1.95 per 0.55 per
page page page
6. For searching the register
of proceedings other than
a search made by or on
behalf of a party to the
application of that part of
the register applicable to
the application 20.70 20.70 6.20 7. For searching any
proceeding or record
other than a search made
by or on behalf of a party
to the application 46.10 46.10 13.80 8. For sealing a summons to
a witness 38.00 38.00 11.40
7 July 2017 GOVERNMENT GAZETTE, WA 3781 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 25
Part 10 — Supreme Court (Fees)
Regulations 2002 amended
25. Regulations amended
This Part amends the Supreme Court (Fees) Regulations 2002.
26. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 4 and 4A]
Division 1 — General Division fees
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. On filing —
(a) any originating process by which a cause,
matter or other
proceeding in the Court
is commenced, other
than proceedings of the
kind referred to in
item 2, 3 or 7; or 1 226.00 2 389.00 100.00
(b) a notice of appeal (whether in draft form
or not) ............................. 1 226.00 2 389.00 100.00
3782 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
2. On filing —
(a) a counterclaim ................ 1 226.00 2 389.00 100.00
(b) a third party notice or a notice under the
Rules O. 19 r. 8 .............. 1 226.00 2 389.00 100.00
(c) an application —
(i) to extend a
period of time
fixed by law,
including an
application to
extend time
before
proceedings arecommenced; or
(ii) to limit a period
of time within
which
proceedings maybe taken; or
(iii) for leave to serve
a writ or notice of a writ out of
jurisdiction; or
(iv) to swear to the
death of a
person; or
(v) for leave to
appeal; or
7 July 2017 GOVERNMENT GAZETTE, WA 3783 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(vi) for leave to issue
a subpoena under
the CommercialArbitration Act 2012; or
(vii) in a pending
cause or matter
in admiralty
whether by
summons or
motion, other
than an
application by
the Marshal ......... 409.00 801.00 100.00
(d) any other application for which no fee has
been provided in this
Division .......................... 409.00 801.00 100.00 NOTE:
The fee in item 2(c)(vi) is payable only once on the first
application in an arbitration.
3. Commencing an appeal to
which the Rules O. 60A r. 4
applies ..................................... 817.00 1 600.00 100.00 4. Entry for hearing a cause or
matter or notice of an
appointment to hear an
originating summons ............... 1 226.00 2 389.00 100.00 5.
Allocation of hearing date ....... 821.00 for 2 131.00 for 100.00
each day each day
NOTE: See regulation 9.
allocated allocated
3784 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
6. Daily hearing fee before a
Court constituted by a master
or 1 or more judges ................. 821.00 2 131.00 0.00 NOTES: (1) No fee is payable if the proceedings are of an
interlocutory nature.
(2) The fee is to be paid in
respect of any number of
hearing days greater than the
number of hearing days forwhich a fee has been paid
under item 5.
(3) The fee is payable for each
additional day or part of a
day that the hearing
proceeds beyond the date ordates allocated referred to in
item 5.
(4) If the Court allocates a
half-day or less for the
continuation of the hearing,
a fee equal to half theprescribed amount is payable
for that period.
(5) The daily fee becomes
payable on a day-to-day
basis and is payable beforethe daily reconvening of the
hearing.
7 July 2017 GOVERNMENT GAZETTE, WA 3785 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
7. (a) On filing an —
(i)
interlocutory application or summons
returnable; or
(ii) application for
assessment of
damages; or
(iii) application for
summary
judgment,
before a judge, master
or registrar in chambers .. 288.00 560.00 86.50
(b) On an appointment before a judge, master
or registrar —
(i) on a reference for inquiry and
report; or
(ii) to pass accounts;
or
(iii) to settle the
index of a
transcript for use
upon the hearingof an appeal; or
(iv) on a reference to
a registrar in
admiralty
proceedings ......... 288.00 560.00 86.50
3786 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(c) On an appointment before a judge, master
or registrar for
mediation ........................ 288.00 560.00 0.00
NOTES:
(1) If the registrar is assisted by
1 or more assessors, the
daily fee is payable for each
assessor if the registrar
considers that to be
reasonable.
(2) The fee payable to an
assessor becomes payable on
a day-to-day basis as the
reference proceeds and ispayable in the first instance
by the claimant.
(3) The fee includes the first day
of the hearing of the
application or summons and
includes any adjournment of
the hearing.
(4) The fee is payable in respect of an application for liberty
to apply to relist.
8. If the hearing of a matter to
which item 7 applies is listed
for more than 1 day and
proceeds for more than the
number of days listed, the fee
prescribed in item 7 is
payable for each additional
day or part of a day of ahearing.
7 July 2017 GOVERNMENT GAZETTE, WA 3787 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
NOTE:
The daily fee becomes payable
on a day-to-day basis and ispayable before the daily
reconvening of the hearing.
9. On filing a bill of costs for
taxation in a cause or matter
or under the Commercial
Arbitration Act 2012, or on
filing an application for an
assessment of a bill of costs
under the Legal ProfessionAct 2008 —
(a) lodgment fee ................... 398.00 772.00 100.00
(b) on the setting of an appointment to tax a bill
of costs, an additional
fee at the rate of .............. 2.5% 2.5% 0.0%
NOTES:
(1) The % rate is to be applied
to the amount at which the
bill is drawn.
(2) The taxing officer must
allow against the person
chargeable with the costs as
taxed, taxing fees at the rate
prescribed in item 9(b) of theamount found due on
taxation.
3788 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(3) If the parties agree on the bill of costs in a cause or matter or under the Legal Profession Act 2008, the
Commercial Arbitration
Act 1985 or the Commercial Arbitration Act 2012 and the appointment is cancelled, the following percentage of the
fee paid is to be refunded —
(a) if the appointment is cancelled less than
3 days before the day
of the appointment,nil;
(b) if the appointment is cancelled 3 days or more and less than 10 days before the day
of the appointment,
50%;
(c) if the appointment is cancelled 10 or more days before the day of
the appointment, 80%.
10. For searching any proceeding
or record other than a search
made by or on behalf of a
party to the proceeding ............ 41.40 41.40 12.40 NOTE: But if the search is made by a recognised service approved by
the Attorney General: $1.85.
7 July 2017 GOVERNMENT GAZETTE, WA 3789 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
11. (a) On an application for the production of records or documents that are required to be produced to any court, tribunal, arbitrator or
umpire ............................ 61.00 61.00 18.25 (b) If an officer is required to attend at any court or place out of the Supreme Court building, the officer’s reasonable expenses and, in addition, for each hour or part of an hour when the officer is necessarily absent from
the officer’s office .......... 101.00 101.00 30.30 12. (a) For a copy of a document of any kind or an exhibit, including marking as an office copy if required, for each page or part of
a page ............................. 1.70 1.70 0.50
3790 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) For a copy of reasons for judgment —
(i) for each copy consisting of not
more than
10 pages issued
to a person not a
party to the
proceedings and
for each copy in
excess of 1 copy
issued to a party
to the
proceedings ......... 14.40 14.40 4.25 (ii) for each copy
consisting of
10 or more pages
an additional fee
per page of .......... 1.85 1.85 0.55
(c) For certifying under seal that a document is a
true copy, an additional
fee of .............................. 19.95 19.95 6.00 (d) For a certificate under
the hand of a registrar ..... 39.20 39.20 11.80 (e) For sealing a warrant of arrest release,
commission for the
appraisement or sale of
property or for the
appraisement or sale in
admiralty proceedings .... 81.50 81.50 24.40
7 July 2017 GOVERNMENT GAZETTE, WA 3791 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
13. (a) For a copy of a transcript, or part of a transcript —
(i) provided within
1 day after the 19.10 plus 19.10 plus 5.70 plus day on which the 7.85 per 15.70 per 2.35 per fee is paid ....................... page page page (ii) provided within
4 days after the 19.10 plus 19.10 plus 5.70 plus
day on which the 6.80 per 13.70 per 2.05 per
fee is paid ....................... page page page
(iii) provided within
7 days after the 19.10 plus 19.10 plus 5.70 plus
day on which the 6.55 per 13.05 per 2.00 per
fee is paid ....................... page page page
(b) For an additional copy of the transcript, or part
of the transcript,
provided underparagraph (a) —
(i) in electronic 19.95 per 19.95 per 6.00 per
format ............................. copy copy copy
(ii) paper copy ...................... 1.95 per 1.95 per 0.55 per
page page page
14. On filing an application for
admission as a practitioner ................. 345.00 N/A N/A
3792 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26 Division 2 — Court of Appeal fees
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible $ individual
entity $ $
1. On filing an appeal notice .................. 205.00 530.00 61.50 2. On filing —
(a) Appellant’s case; or (b)
Respondent’s case .......... 3 082.00 8 008.00 100.00 3. On filing an application to
transfer an appeal from the
District Court to the Court of
Appeal under the Magistrates
Court (Civil Proceedings)
Act 2004 s. 41 .......................... 409.00 801.00 100.00 4.
(a) On filing an application in an appeal for an
interim order or to
amend or cancel an
interim order ................... 288.00 560.00 86.50
(b) On an appointment before a judge or
registrar to settle the
appeal book index .......... 288.00 560.00 86.50 (c) On an appointment before a registrar for
mediation ........................ 288.00 560.00 0.00
NOTES:
(1) The fee includes the first day
of the hearing of the matter and any adjournment of the
matter.
7 July 2017 GOVERNMENT GAZETTE, WA 3793 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible $ individual
entity $ $
(2) If the hearing of a matter is
listed for more than 1 day
and proceeds for more than
the number of days listed,
the fee prescribed by this
item is payable for eachadditional day or part of a
day of a hearing.
(3) A fee payable in the
circumstances referred to in
Note 2 is payable on a
day-to-day basis before thedaily reconvening of the
hearing.
5. Setting down fee ...................... 1 028.00 1 998.00 100.00 NOTES:
(1) This fee is payable when theappeal book is filed.
(2) This fee includes the fee for
the first day of hearing.
6. Allocation of hearing date ........ 821.00 for 2 131.00 0.00
each day for each
estimated day estimated
NOTE:
This fee is payable on the number of days in excess of the first hearing day estimated for the hearing by the Court of
Appeal Registrar.
3794 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible $ individual
entity $ $
7. Daily hearing fee ..................... 821.00 2 131.00 0.00 NOTES:
(1) This fee is not payable inrelation to an application for,
or to amend or cancel an
interim order.
(2) This fee is payable for each
additional day or part day
that a hearing proceeds
beyond the number of days
for which a fee has been
paid.
(3) If the Court allocates a
half-day or less for the
continuation of the hearing,
a fee equal to half theprescribed amount is payable
for that period.
(4) The daily hearing fee is
payable on a day-to-day
basis and is payable beforethe daily reconvening of the
hearing.
8. For searching any proceeding
or record other than a search
made by or on behalf of a
party to an appeal .................... 41.40 41.40 12.40 NOTE: But if the search is made by a recognised service approved by
the Attorney General: $1.85.
7 July 2017 GOVERNMENT GAZETTE, WA 3795 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible $ individual
entity $ $
9. (a) For a copy of a document of any kind or an exhibit, including marking as an office copy if required, for each page or part
thereof ............................ 1.70 1.70 0.50 (b) For a copy of reasons for judgment —
(i) for each copy consisting of
10 pages or less
issued to a
person not a
party to the
appeal and for
each copy in
excess of 1 copy
issued to a party
to the appeal ........ 14.45 14.45 4.40 (ii) for each copy
consisting of
more than 10
pages an
additional fee per
page of ................. 1.85 1.85 0.55
(c) For certifying under seal that a document is a
true copy, an additional
fee of .............................. 19.95 19.95 6.00 (d) For a certificate under
the hand of a registrar ..... 39.20 39.20 11.80
3796 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible $ individual
entity $ $
10. (a) For a copy of a transcript, or part of a transcript —
(i) provided within 19.10 19.10 5.70 plus
1 day after the plus plus 2.35 per day on which the 7.85 per 15.70 per page
fee is paid ............ page page
(ii) provided within 19.10 19.10 5.70 plus
4 days after the plus plus 2.05 per day on which the 6.80 per 13.70 per page
fee is paid ............ page page
(iii) provided within 19.10 19.10 5.70 plus
7 days after the plus plus 2.00 per day on which the 6.55 per 13.05 per page
fee is paid ............ page page
(b) For an additional copy of the transcript, or part
of the transcript,
provided underparagraph (a) —
(i) in electronic
format .................. 19.95 19.95 6.00
(ii) paper copy ........... 1.95 1.95 0.55
7 July 2017 GOVERNMENT GAZETTE, WA 3797 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 27
27. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 2 it. 1(a) 128.00 130.00 Sch. 2 it. 1(b) 128.00 130.00 Sch. 2 it. 1(c) 33.90 34.50 Sch. 2 it. 2 70.50 71.50 Sch. 2 it. 3(a) 1.80 1.85 Sch. 2 it. 3(b) 2.00 2.05 Sch. 2 it. 4 68.00 69.00 Sch. 2 it. 5(a) 217.00 221.00 28. Schedule 3 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 3 it. 1 338.00 344.00 Sch. 3 it. 2 80.00 81.50 Sch. 3 it. 3 80.00 81.50 Sch. 3 it. 4(a) 1.65 1.70
3798 GOVERNMENT GAZETTE, WA 7 July 2017 Attorney General Regulations Amendment
(Fees and Charges) Regulations 2017
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 28
Item Delete Insert
Sch. 3 it. 4(b) 19.60 19.95 Sch. 3 it. 5 101.00 103.00 Sch. 3 it. 6 40.70 41.40 R. KENNEDY, Clerk of the Executive Council.
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