Attorney General Regulations Amendment (Fees and Charges) Regulations 2020 (WA)
!2020130GG!
G c.zette ISSN 1448-949X (print) PRINT POST APPROVED PP665002/00041 WESTERN AUSTRALIAN GOVERNMENT
2487
ISSN 2204-4264 (online)
| PERTH, FRIDAY, 31 JULY 2020 |
No. 130 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
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 2020
SL 2020/124
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Attorney General Regulations
Amendment (Fees and Charges) Regulations 2020.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
2488 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
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 21.30 6.40 (b) Issue of a duplicate document
or order 21.30 6.40
2. For the service of any application, or order of the Court or any other
process requiring service 93.00 93.00 Note for this item: The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address.
31 July 2020 GOVERNMENT GAZETTE, WA 2489 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
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 enforcementofficer’s office or nearest Police Station —
(a) for each kilometre travelled
(1 way) in the metropolitan area 2.40 2.40
(b) for each kilometre travelled
(1 way) outside the
metropolitan area 2.65 2.65 Note for this item:
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 fee for kilometres travelled is chargeable.
4. (a) For searching any record or by or on behalf of a party to the
proceedings in the Court’s civil
jurisdiction 54.00 16.20 (b) For listening to or viewing any requires supervision by an
officer of the Court —
(i) a search fee of 54.00 16.20
(ii)
in addition to the search fee, for each hour of the
officer’s time 131.50 39.40
2490 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 4
Item Matter Column A Column B
Fee for Fee for individual eligible individual $ $
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 79.00 23.70 (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 119.00 35.70 6. (a) Copies of documents or exhibits
for each page or part of a page 2.25 0.70 (b) For a copy of reasons for judgment —
(i)
for each copy 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 18.75 5.65 (ii) for each copy consisting of 10 or more pages an
additional fee per page of 2.40 0.70
31 July 2020 GOVERNMENT GAZETTE, WA 2491 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
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 certifying that a document is a true copy, an additional fee
of 25.90 7.75 Note for this item:
The fee under paragraph (a) for a copy of an application is not payable
where circumstances under regulation 6(4) exist.
7. (a) For the provision of a transcript, or part of a transcript —
(i) provided within 1 day after 24.90 plus 7.45 plus
the day on which the fee is 10.25 per 3.05 per page paid page
(ii) provided within 2 days 24.90 plus 7.45 plus after the day on which the 9.40 per page 2.80 per page fee is paid
(iii) provided within 4 days 24.90 plus 7.45 plus
after the day on which the 8.85 per page 2.65 per page fee is paid
(iv) provided within 7 days 24.90 plus 7.45 plus
after the day on which the 8.55 per page 2.55 per page fee is paid
(v) provided within 14 days 24.90 plus 7.45 plus after the day on which the 7.25 per page 2.15 per page fee is paid
(vi) provided on a running 24.90 plus 7.45 plus
basis (i.e. periodically 10.90 per 3.25 per page throughout or following the page day of the proceedings)
2492 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
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 the provision of a copy of a transcript, or part of a transcript,
where the transcript or part has
already been provided to theperson requesting the copy —
(i) electronic format 25.90 per 7.75 per
copy copy
(ii) paper copy 2.55 per page 0.75 per page
Note for this item:
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 155.00 46.50 2. On the execution of an arrest warrant
of any kind —
(a) for arresting the person 171.00 171.00
(b)
for conveying the person to a court or a custodial place and releasing the person from arrest
or custody 169.50 169.50
31 July 2020 GOVERNMENT GAZETTE, WA 2493 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
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) 2 hours and 30 minutes that an
enforcement officer is requiredfor each 30 minutes after until the person is conveyed to
a court or a custodial place 44.90 44.90 Notes for this item:
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.
2. The fee under paragraph (a) includes the costs of —
(a) receiving and printing the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report. 3. On filing an application for an extraordinary licence under the Road
Traffic (Authorisation to Drive)
Act 2008 section 27 255.00 76.50
Division 3 — Criminal jurisdiction
Item Matter Column A Column B
Fee for Fee for individual eligible individual $ $ 1. On filing —
(a) a prosecution notice 130.50 39.10
2494 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
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) an application under the Criminal Procedure Act 2004
section 71 130.50 39.10 2. For the issue of a summons or court
hearing notice to an accused 25.00 7.50 3. For a warrant of any kind —
(a) issue of it 130.50 39.10 (b) execution of it 169.50 169.50
31 July 2020 GOVERNMENT GAZETTE, WA 2495 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
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. Schedules 1 to 3 replaced
Delete Schedules 1 to 3 and insert:
Schedule 1 — Court fees
[r. 105]
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
1. For an application or
request under the Act —
(a) a judgment not
exceeding $10 000 130.50 196.00 39.10
(b) all other judgments 211.00 317.00 63.50 Notes for this item:
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.
2. No fee is payable in relation to interpleader proceedings.
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.
2496 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 3 Civil Judgments Enforcement Regulations 2005 amended r. 6
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
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.
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 $10 000.
2. Registering a judgment
in a court under theService and Execution of
Process Act 1992(Commonwealth)
section 105(1) 110.50 146.50 33.10
Schedule 2 — Sheriff’s fees
[r. 105]
Item Action Fee $
1. (a) Service of any process when personal service
is not required under the Act 68.00 (b) Service of any process when personal service
is required under the Act 95.00 (c)
Service by post, including postage 45.50 Notes for this item:
1. The fee under paragraph (a) or (b) is payable whether or not the service is successful and covers up to 3 attempts at service at the
same address.
31 July 2020 GOVERNMENT GAZETTE, WA 2497 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Civil Judgments Enforcement Regulations 2005 amended Part 3 r. 6
Item Action Fee $ 2. The fee is not payable in respect of any process that is served in conjunction with any process requiring attendance at a court by
the party to be served.
3. The fee includes the costs of receiving and printing the process
and the completion of any certificate of the service.
2. For enforcing a judgment by means of a property
(seizure and sale) order 214.00 Notes for this item:
1. The fee is payable whether or not the Sheriff’s functions under the order are performed and covers up to 3 attempts to perform the
functions at the same address.
2. The fee includes the costs of —
(a) receiving and printing the order; and (b) attendances and inquiries before attempting seizure; and (c) service of any notice required before seizure; and (d) seizure and preparing an inventory of any personal property seized; and (e) granting walking possession; and (f) making a report to the creditor.
3. For enforcing a judgment by means of a property
(seizure and delivery) order 171.00 Notes for this item:
1. The fee is payable whether or not the Sheriff’s functions under the order are performed and covers up to 3 attempts to perform the
functions at the same address.
2. The fee includes the costs of —
(a) receiving and printing the order; and (b) attendances and inquiries before attempting seizure and delivery; and (c) an appointment to deliver property; and (d) removal of a person from land; and (e) supervision of lock and security changes to premises; and (f) securing seized property; and (g) delivering seized property to the person entitled to it in accordance with the order; and (h) making a report to the person entitled to the benefit of the order.
2498 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 3 Civil Judgments Enforcement Regulations 2005 amended r. 6
Item Action Fee $
4. For inspection of personal property under seizure 89.50 Note for this item:
If the Sheriff has several enforcement orders, 1 fee is payable for the first
enforcement order in priority.
5. For possession of personal property under seizure
per day 9.80 Notes for this item:
1. The fee is payable for actual possession of personal property seized.
2. The fee is payable for a maximum of 10 days.
3. If this fee is paid, a fee is not payable under item 16(d).
6. If travel is necessary to perform a function under
an enforcement order, to serve a process or
document, to make an arrest under a warrant or for
an attempt, attendance or inspection from theSheriff’s or a bailiff’s office —
(a) for each kilometre travelled (1 way) in the
metropolitan area 2.40 (b) for each kilometre travelled (1 way) outside
the metropolitan area 2.65 Notes for this item:
1. If more than 1 of the actions referred to in item 6 is done in relation to the same person or on different persons at the same address, only 1 fee for kilometres travelled is chargeable.
2. The Sheriff may allow an enforcement officer an additional fee for travel to meet or partially offset any additional expenses arising
from special and unusual circumstances.
31 July 2020 GOVERNMENT GAZETTE, WA 2499 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Civil Judgments Enforcement Regulations 2005 amended Part 3 r. 6
Item Action Fee $ 7. Preparation for the sale of real or personal
property 891.00 Note for this item:
The fee includes —
(a) Personal Property Securities Register and other official records searches; and (b) bill of sale or encumbrance searches or investigation; and (c) carrying out an advertising programme; and (d) preparing particulars and conditions of sale. 8.
For attendance at sale 141.50 Note for this item:
The fee includes —
(a) conducting a sale; and (b) cancelling a sale. 9. Commission for enforcing a judgment by means
of a property (seizure and sale) order or for money recovered by the Sheriff or judgment creditor after
seizure under the order —
(a) for amounts up to and including $13 500, a
fee at the rate of 5.00% (b) for the balance over $13 500, a fee at the rate
of 2.50% Notes for this item:
1. For the purpose of this item, seizure includes —
(a) in respect of real property, registering a property (seizure and sale) order under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856; and (b) the seizure of personal property in the possession or apparent possession of the judgment debtor; and (c) the seizure of books of account in the possession of the judgment debtor.
2. If money is recovered as a consequence of a sale conducted by a licensed auctioneer instructed by the Sheriff, commission is to be
charged at one-half the rate prescribed in this item.
2500 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 3 Civil Judgments Enforcement Regulations 2005 amended r. 6
Item Action Fee $
3. If a sale, whether by public auction or otherwise, is conducted by the Sheriff without the involvement of an auctioneer or agent, the commission rate prescribed in paragraph (a) is to be increased
by 1.00%.
4. Commission is to be calculated on the amount recovered or the
judgment sum, whichever is the lesser.
10. Commission for delivering possession of
property —
(a) Personal property, assessed on the value of the property delivered —
(i) for amounts up to and including
$13 500, a fee at the rate of 5.00% (ii) for the balance over $13 500, a fee at
the rate of 2.50%
(b) Real property, assessed on the annual rental value of the property delivered —
(i) for amounts up to and including
$13 500, a fee at the rate of 5.00% (ii) for the balance over $13 500, a fee at
the rate of 2.50%
Note for this item:
If real property is delivered in accordance with a property (seizure and delivery) order made by the Magistrates Court, the maximum amount
payable under this item is $464.00.
11. On the execution of an arrest warrant of any
kind —
(a) for preparing to arrest, and arresting, the
person 171.00 (b)
for conveying the person from the place of arrest to appear before a judicial officer in a court, or to a custodial place, and releasing
the person from arrest or custody 169.50
31 July 2020 GOVERNMENT GAZETTE, WA 2501 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Civil Judgments Enforcement Regulations 2005 amended Part 3 r. 6
Item Action Fee $
(c) for each 30 minutes after 2 hours and required to keep the person in custody until the person is conveyed to a court or a
custodial place 44.90 Notes for this item:
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.
2. The fee under paragraph (a) includes the costs of —
(a) receiving and printing the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report.
3. The fee under paragraph (b) is payable whether or not the place of arrest is the court building or custodial place and whether or not
the person is conveyed to a court or a custodial place in a vehicle.
12. For each half hour or part of a half hour that it is
necessary for an enforcement officer to engage an
assistant to perform a function —
(a) in relation to the execution of an arrest
warrant 44.90 (b) in accordance with a property (seizure and
delivery) order 44.90 (c) in accordance with a property (seizure and
sale) order 44.90
13. If an enforcement officer is necessarily put to and A sum or incurs extra trouble and expense in the discharge additional of a function incidental to the officer’s office, sum that the employment or engagement or for the Sheriff may performance of a function not otherwise provided reasonably for in this Schedule allow
2502 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 3 Civil Judgments Enforcement Regulations 2005 amended r. 6
Item Action Fee $
14. For an auctioneer’s or agent’s commission, A fee fixed advertising and sundry expenses on account of in sale by auction or otherwise of real or personal accordance property, whether or not the sale takes place with a
recognised
scale of
charges for
auctioneers
or agents in
the State or
such other
fee as the
Sheriff may
reasonablyallow 15. If a sale of real or personal property takes place by auction or private contract or if no sale takes place —
(a) for advertising and giving publicity to the The sums sale or intended sale, printing catalogues and actually and bills and distributing and posting them reasonably
paid(b)
for labour, if any, employed in lotting and showing personal property, preparing catalogues and, if a sale takes place by auction, attending the sale and supervising the removal of property by its purchaser
(c) travelling expenses
16. (a) For out-of-pocket expenses incurred by an The sums enforcement officer while performing a actually and function in accordance with an enforcement reasonably order or executing a warrant paid (b) For clerical assistance when necessary
31 July 2020 GOVERNMENT GAZETTE, WA 2503 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Civil Judgments Enforcement Regulations 2005 amended Part 3 r. 6
Item Action Fee $
(c) For storing personal property which has been seized and insuring the property for loss due to fire, theft or damage and, in the case of a motor vehicle, for accident and third party risk
(d) For removal or cartage expenses (e) For agistment, costs of care and feed and other necessary costs in respect of animals or livestock under seizure, whether or not they are removed
17. If GST (as defined in the A New Tax System
(Goods and Services Tax) Act 1999
(Commonwealth) section 195-1) is payable on a service listed in this Schedule of fees, the fee for the service is the applicable fee in this Schedule,
increased by 10%
18. For issue of a duplicate of an enforcement order or
a document 21.30 19. Copies of documents —
(a) copies of enforcement orders, for each
page 2.25 (b) for certifying that a document is a true copy,
an additional fee of 25.70
Schedule 3 — Fees to be paid for anything done by
the Marshal in Admiralty
[r. 105]
Item Matter Fee $
1. For receiving and entering a warrant or release 150.00 2.
For receiving and entering a writ of summons, decree, order, commission or other instrument under the seal
of the Supreme Court 60.00
2504 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 3 Civil Judgments Enforcement Regulations 2005 amended r. 6
Item Matter Fee $
3. For service of a writ of summons 141.50 4. For executing a warrant for the arrest of a ship or other property 352.00 5. For service of a writ of summons at the same time as a warrant of arrest is executed, in lieu of items 3 and 4 428.00 6. For the execution of an attachment — for each person 141.50 7. For the release from arrest of a vessel, goods or a person 90.00 8. For attending the discharge of cargo, or removal of a vessel or goods, per hour 90.00 9.
For the execution of a commission of appraisement or sale, or appraisement and sale, in addition to the fees
paid to the appraiser or auctioneer 303.00 10.
For the execution of a decree or order, commission or other instrument other than those provided for in
another item of this Schedule 141.50 11. Commission on the gross proceeds of a vessel or goods, etc., sold —
(a) for amounts up to and including $63 000, a fee at
the rate of 4.00% (b)
for the balance over $63 000, a fee at the rate of 2.00%
12. (a) For retaining possession of a vessel with or The sum without cargo, or of a cargo without a vessel, the actually and expenses per day actually paid in respect of a reasonably shipkeeper or shipkeepers paid (b)
For each day or part of a day that the Marshal retains possession of a vessel with or without cargo, or of a cargo without a vessel, in addition
to paragraph (a) 89.50 Note for this paragraph:
If the possession is for a lengthy period, this fee may be reduced at the
discretion of the Marshal.
31 July 2020 GOVERNMENT GAZETTE, WA 2505 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Civil Judgments Enforcement Regulations 2005 amended Part 3 r. 6
Item Matter Fee $ (c) For the safe custody of property under arrest The sum
actually and
reasonablypaid Note for this paragraph:
No fee is payable for the custody and possession of property under arrest if it consists of money in a bank, or of goods stored in a bonded warehouse, or if it
is in the custody of a customs house officer, or other authorised person.
13. If the Marshal or any of the Marshal’s officers is Reasonable required to travel for the purpose of discharging their expenses for duty, in addition to the above fees
travelling, board and
maintenance 14. If the Marshal or other person employed under the A sum or Marshal is necessarily put to and incurs extra trouble additional and expense in the discharge of any duty incidental to sum that the their office or employment or for any duty or service Marshal may not provided for in another item of this Schedule reasonably allow
2506 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 4 Coroners Regulations 1997 amended r. 7
Part 4 — Coroners Regulations 1997 amended
7. Regulations amended
This Part amends the Coroners Regulations 1997.
8. Schedule 3 replaced
Delete Schedule 3 and insert:
Schedule 3 — Other fees
[r. 22]
Item Matter Column A Column B
Fee for Fee for eligible
individual individual
$ $
1. Copy of document or exhibit, for
each page or part of a page 2.25 0.70 2. Copy of record of investigation
into a death —
(a) for 1 copy on the request of 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 1.80 0.55 (c)
for each copy on the request of any other person, for each
page or part of a page 1.80 0.55
31 July 2020 GOVERNMENT GAZETTE, WA 2507 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Coroners Regulations 1997 amended Part 4 r. 8
Item Matter Column A Column B
Fee for Fee for eligible
individual individual
$ $
3. Certifying under seal that a
document is a true copy 25.90 7.75 4.
(a) For the provision of a transcript, or part of a transcript, or notes of evidence —
(i) provided within 1 day 24.90 plus 7.45 plus after the day on which 10.25 per 3.05 per page the fee is paid page (ii) provided within 2 days 24.90 plus 7.45 plus after the day on which 9.40 per page 2.80 per page the fee is paid
(iii) provided within 4 days 24.90 plus 7.45 plus
after the day on which 8.85 per page 2.65 per page the fee is paid
(iv) provided within 7 days 24.90 plus 7.45 plus
after the day on which 8.55 per page 2.55 per page the fee is paid
(v) provided within 14 days 24.90 plus 7.45 plus after the day on which 7.25 per page 2.15 per page the fee is paid
(vi) provided on a running 24.90 plus 7.45 plus
basis (i.e. periodically 10.90 per 3.25 per page throughout or following page the day of the proceedings)
2508 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 4 Coroners Regulations 1997 amended r. 8
Item Matter Column A Column B
Fee for Fee for eligible
individual individual
$ $
(b) For the provision of a copy of a transcript, or part of a
transcript, or notes of
evidence, where the
transcript, part or notes has
or have already been
provided to the personrequesting the copy —
(i) electronic format 25.90 per 7.75 per copy copy
(ii) paper copy 2.55 per page 0.75 per page
31 July 2020 GOVERNMENT GAZETTE, WA 2509 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
District Court (Fees) Regulations 2002 amended Part 5 r. 9
Part 5 — District Court (Fees) Regulations 2002
amended
9. Regulations amended
This Part amends the District Court (Fees) Regulations 2002.
10. Schedules 1 and 2 replaced
Delete Schedules 1 and 2 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 1 062.00 2 070.00 100.00 2. On filing an application for under the Road Traffic
(Authorisation to Drive)
Act 2008 section 27 255.00 N/A 76.50 3. On filing an application for an order made under the
Spent Convictions Act 1988
section 6(1) 155.00 N/A 46.50
2510 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 5 District Court (Fees) Regulations 2002 amended r. 10
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 1 062.00 2 070.00 100.00 (b) a third party notice 1 062.00 2 070.00 100.00
(c) an application —
(i) to extend a period
of time fixed by
law, including an
application to
extend time before
proceedings are
commenced 399.00 689.00 100.00 (ii) to limit a period of time within which proceedings may
be taken 399.00 689.00 100.00 (iii) for leave to serve a writ or notice of a writ out of
jurisdiction 399.00 689.00 100.00
(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 399.00 689.00 100.00
31 July 2020 GOVERNMENT GAZETTE, WA 2511 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
District Court (Fees) Regulations 2002 amended Part 5 r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
5. On filing —
(a) an appeal notice 602.00 1 557.00 100.00
(b) for each additional half
day allocated for the
hearing of the appeal 466.00 1 213.00 100.00
Notes for this item:
1. The fee in paragraph (a) includes any directions hearings and the first
half day allocated by the District Court for the hearing of the appeal.
2. The fee in paragraph (b) is payable for each half day, allocated by the District Court for the hearing of the appeal, that is additional to the first
half day of hearing.
3. Under the District Court Rules 2005 rule 56A, if the fee payable under paragraph (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. matter (including the
assessment of damages in anEntry for hearing a cause or notice of an appointment to
hear an originating summons 1 062.00 2 070.00 100.00 Note for this item: This item does not apply to entering an appeal for hearing.
2512 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 5 District Court (Fees) Regulations 2002 amended r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
7. Allocation of hearing date,
for each day allocated 932.00 2 427.00 100.00 Notes for this item:
1. See regulation 10. 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 932.00 2 427.00 100.00 Notes for this item:
1. No fee is payable if the proceedings are of an interlocutory nature only. 2.
The fee to be charged is to be paid in respect of any number of hearing days or half days greater than the number of hearing days for which a
fee has been paid under item 5 or 7.
3. 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.
4. The daily fee becomes payable on a day-to-day basis and is payable
prior to the daily reconvening of the hearing.
9. On filing, before a judge or
registrar in chambers —
(a) an interlocutory
application or summons
or motion returnable 266.00 519.00 80.00
(b) an application for
assessment of damages
other than in an action
for personal injury 266.00 519.00 80.00
31 July 2020 GOVERNMENT GAZETTE, WA 2513 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
District Court (Fees) Regulations 2002 amended Part 5 r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
(c) an application for
summary judgment 266.00 519.00 80.00 Notes for this item:
1. The fee includes the first day of hearing of the application or summons and includes any adjournment of the hearing.
2. The fee is payable in respect of any application exercising liberty to apply to relist.
10. which item 8 applies is listed
for more than 1 day and
proceeds for more than the
number of days listed, the feeIf the hearing of a matter to payable for each additional
day or part day of hearing
Note for this item:
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 a bill of costs in a cause or matter or under the
Commercial Arbitration
Act 2012 —
(a) lodgment fee 266.00 519.00 80.00
(b) in addition to the
lodgment fee, a taxing
fee at the rate of 2.50% 2.50% 0.00%
2514 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 5 District Court (Fees) Regulations 2002 amended r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
Notes for this item:
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 indicated in paragraph (b) of the
amount found to be due on taxation.
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 days or more before the day of the appointment, 80%.
12. For searching any record or 54.00 54.00 16.20 proceeding Note for this item: No fee is payable under this item 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 2.40 2.40 0.70
31 July 2020 GOVERNMENT GAZETTE, WA 2515 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
District Court (Fees) Regulations 2002 amended Part 5 r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
(b) annual fee for
information provided
by email to approved
recipient 2 442.00 2 442.00 100.00 Note for this item:
The fee under paragraph (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 79.00 79.00 23.70 (b)
If an officer is required to attend at any court or place out of the District Court building, the
officer’s reasonable expenses and, in
addition for each hour
when the officer is
necessarily absent from
the officer’s office 119.00 119.00 35.70
2516 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 5 District Court (Fees) Regulations 2002 amended r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
15. (a) document of any kind
or an exhibit, including
marking as an officeFor a copy of a each page or part
thereof 2.25 2.25 0.70 (b) For a copy of reasons for judgment —
(i) for each copy
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 18.75 18.75 5.65
(ii) for each copy
consisting of 10 or
more pages an
additional fee per
page of 2.40 2.40 0.70
(c) For certifying under
seal that a document is
a true copy, an
additional fee of 25.90 25.90 7.75 (d) For a certificate under
the hand of a registrar 51.00 51.00 15.30
31 July 2020 GOVERNMENT GAZETTE, WA 2517 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
District Court (Fees) Regulations 2002 amended Part 5 r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
16.
(a)
For the provision of a transcript, or part of a
transcript —
(i) provided within 24.90 plus 24.90 plus 7.45 plus
1 day after the day 10.25 per 20.50 per 3.05 per on which the fee is page page page paid
(ii) provided within 24.90 plus 24.90 plus 7.45 plus
2 days after the day 9.40 per 18.75 per 2.80 per on which the fee is page page page paid
(iii) provided within 24.90 plus 24.90 plus 7.45 plus
4 days after the day 8.85 per 17.90 per 2.65 per on which the fee is page page page paid
(iv) provided within 24.90 plus 24.90 plus 7.45 plus
7 days after the day 8.55 per 17.00 per 2.55 per on which the fee is page page page paid
(v) provided within 24.90 plus 24.90 plus 7.45 plus 14 days after the 7.25 per 14.50 per 2.15 per day on which the page page page fee is paid
(vi) provided on a 24.90 plus 24.90 plus 7.45 plus
running basis (i.e. 10.90 per 21.80 per 3.25 per periodically page page page throughout or
following the dayof the proceedings)
2518 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 5 District Court (Fees) Regulations 2002 amended r. 10
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
(b) For the provision of a copy of a transcript, or
part of a transcript,
where the transcript or
part has already been
provided to the personrequesting the copy —
(i) electronic format 25.90 per 25.90 per 7.75 per
copy copy copy
(ii) paper copy 2.55 per 2.55 per 0.75 per page page page
Schedule 2 — Sheriff’s fees
[r. 4]
Item Matter Fee $ 1. On the execution of an arrest warrant of any kind —
(a) for arresting the person 171.00
(b)
for conveying the person to a court or a custodial place and releasing the person from arrest or
custody 169.50
(c)
for each 30 minutes after 2 hours and 30 minutes that an enforcement officer, as defined in the Civil Judgments Enforcement Act 2004 section 3, is required to keep the person in custody until the
person is conveyed to a court or a custodial place 44.90
31 July 2020 GOVERNMENT GAZETTE, WA 2519 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
District Court (Fees) Regulations 2002 amended Part 5 r. 10
Item Matter Fee $ Notes for this item:
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.2. The fee under paragraph (a) includes the costs of —
(a) receiving and printing the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report.
2. For the service of any writ, application, summons, originating process, notice or order of the Court or any
other process requiring service 95.00 Notes for this item:
1. The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address. 2. The fee includes the costs of receiving and printing the process. 3. If it is necessary to travel to execute a warrant or other process, or on service of a writ, summons, order of the Court, other process or document, or on making an
arrest or for all attempts, attendances and inspections,
from the sheriff’s office or nearest bailiff’s office —
(a) for each kilometre travelled (1 way) in the
metropolitan area 2.40
(b) for each kilometre travelled (1 way) outside the
metropolitan area 2.65 Note for this item:
If more than 1 process or document is executed or served by the sheriff or a bailiff at the same time on the same person or on different persons at the
same address, only 1 fee for kilometres travelled is chargeable.
4. Fee to the sheriff for attending a view — per hour or
part of an hour 89.50
2520 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 5 District Court (Fees) Regulations 2002 amended r. 10
Item Matter Fee $
5. (a) For striking a jury and preparing a jury panel 288.00 (b) For attendance of sheriff’s officer at hearing (per The sum day or part of a day) actually and
reasonablypaid
31 July 2020 GOVERNMENT GAZETTE, WA 2521 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Evidence (Video and Audio Links Fees and Expenses) Part 6 Regulations 1999 amended
r. 11
Part 6 — Evidence (Video and Audio Links Fees and
Expenses) Regulations 1999 amended
11. Regulations amended
This Part amends the Evidence (Video and Audio Links Fees
and Expenses) Regulations 1999.
12. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 2 and 3]
1. Booking fee
(a) Intrastate link $143.50 (b) Interstate or overseas link $213.00
2. Hourly fee
Per hour or part of an hour $112.00
2522 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 7 Fines, Penalties and Infringement Notices Enforcement Regulations 1994 amended r. 13
Part 7 — Fines, Penalties and Infringement Notices
Enforcement Regulations 1994 amended
13. Regulations amended
This Part amends the Fines, Penalties and Infringement Notices
Enforcement Regulations 1994.
14. Schedule 2 replaced
Delete Schedule 2 and insert:
Schedule 2 — Enforcement fees
[r. 9]
Division 1 — Enforcement fees for Part 3 of the Act
1. Fee for issuing a final demand
(To be imposed when the final demand is issued.) $24.10 2. Fee for preparing an enforcement certificate in relation to an infringement notice, for each infringement notice
(To be imposed when the infringement notice is
registered.) $20.50 3. Fee for registering an infringement notice with the Registry
(To be imposed when the notice is registered.) $77.00 4. Fee for issuing a notice of intention to enforce
(To be imposed when a licence suspension order is made
or when an enforcement warrant is issued, but not twice.) $51.00 5. Fee for issuing an enforcement warrant
(To be imposed when the warrant is issued.) $240.00
31 July 2020 GOVERNMENT GAZETTE, WA 2523 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Fines, Penalties and Infringement Notices Enforcement Part 7 Regulations 1994 amended
r. 14
Division 2 — Enforcement fees for Part 4 of the Act
1. Fee for issuing a notice of intention to enforce
(To be imposed when a licence suspension order is made
or when an enforcement warrant is issued, but not twice.) $51.00 2. Fee for issuing an enforcement warrant
(To be imposed when the warrant is issued.) $240.00 Division 3 — Enforcement fees for Part 7 of the Act
1. Fee for attending the Magistrates Court in connection with proceedings to examine a person under section 69,
for each hour or part of an hour $106.00 2. The actual amounts disbursed in connection with seizing, moving, storing, securing, protecting and insuring property (including amounts disbursed for the
keeping of animals) are prescribed as enforcement fees.
3.
Fee for inspecting personal property under seizure $71.50 4.
Fee for lodging a memorial under section 89 $77.00 5. Fee for lodging a withdrawal of memorial under
section 90 $51.00 6. The actual amounts disbursed for the purpose of valuing any personal property or land, or for searches of titles
and other records, are prescribed as enforcement fees.
7. The actual amounts disbursed for advertising, and otherwise in connection with the arranging of, any intended sale of personal property or land are prescribed
as enforcement fees.
8. Fee for arranging a sale of personal property or land, including preparing advertisements and conditions of
sale, but excluding disbursements, not exceeding $253.00 9. The actual amounts disbursed in connection with a sale of personal property or land (including settlement costs)
are prescribed as enforcement fees.
2524 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 7 Fines, Penalties and Infringement Notices Enforcement Regulations 1994 amended r. 14
10. Fee for attending a sale of personal property or land $114.00 11. Fee for preparing and executing a transfer of land sold $253.00
12. Fee for attending a court in connection with interpleader
proceedings, for each half hour or part of a half hour $36.20 13. If the Sheriff or a delegate of the Sheriff is necessarily
put to extra trouble and expense in connection with
executing an enforcement warrant or is required to do
anything not provided for in this Division, the Sheriff
may set an amount or an additional amount (as the case
may be) and that amount is prescribed as an enforcement
fee.If under this item the Sheriff sets an amount for travelling expenses, the amount is not to exceed the rate per kilometre, 1 way, that is prescribed as a travelling fee for the service of documents in the Magistrates Court (Fees)
Regulations 2005.
31 July 2020 GOVERNMENT GAZETTE, WA 2525 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 15
Part 8 — Magistrates Court (Fees) Regulations 2005
amended
15. Regulations amended
This Part amends the Magistrates Court (Fees)
Regulations 2005.
16. 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 upin the Court’s criminal
jurisdiction 21.30 21.30 6.40 (b) For issue of a
duplicate document or
order 21.30 21.30 6.40 2. For the service of any application, summons, originating process, notice
or order of the Court or any
other process requiring
service 93.00 93.00 93.00 Note for this item:
The fee is payable whether or not the service is successful and covers up to3 attempts at service at the same address.
2526 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $ 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 theenforcement officer’s office or nearest Police Station —
(a) for each kilometre
travelled (1 way) in
the metropolitan area 2.40 2.40 2.40
(b) for each kilometre
travelled (1 way)
outside the
metropolitan area 2.65 2.65 2.65 Note for this item:
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 fee for kilometres travelled is chargeable.
4. (a) record or proceeding
other than a search byFor searching any to the proceedings in
the Court’s civil
jurisdiction 54.00 54.00 16.20
31 July 2020 GOVERNMENT GAZETTE, WA 2527 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(b) For listening to or
viewing any electronic
recording that requires
supervision by anofficer of the Court —
(i) a search fee of 54.00 54.00 16.20
(ii) in addition to the
search fee, for
each hour of the
officer’s time 131.50 131.50 39.40
Note for this item:
Paragraph (a) does not apply in relation to information provided under the
Magistrates Court (General) Rules 2005 rule 41A.
5. For provision of
information under the
Magistrates Court
(General) Rules 2005rule 41A —
(a) fee per case specified
in the information 2.40 2.40 0.70
(b) annual fee for
information provided
by email to approved
recipient 77 497.00 77 497.00 77 497.00 Note for this item:
The fee under paragraph (b) is payable on the date on which the recipient is
approved by the Attorney General and on each anniversary of that date.
2528 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
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 79.00 79.00 23.70 (b) If an officer is
required to attend at
any court or place out
of the Court building
where the officer isbased, the officer’s reasonable expenses
and, in addition for
each hour when the
officer is necessarily
absent from the
officer’s office 119.00 119.00 35.70 7. (a) For copies of
documents or exhibits
for each page or part
of a page 2.25 2.25 0.70
31 July 2020 GOVERNMENT GAZETTE, WA 2529 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 16
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
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 18.75 18.75 5.65
(ii) for each copy
consisting of 10
or more pages an
additional fee per
page of 2.40 2.40 0.70 (c) For certifying that a
document is a true
copy, an additional fee
of 25.90 25.90 7.75 Note for this item:
The fee under paragraph (a) for a copy of an application is not payable where
circumstances under regulation 6(4) exist.
2530 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
8.
(a)
For the provision of a transcript, or part of a
transcript —
(i) provided within 24.90 plus 24.90 plus 7.45 plus
1 day after the 10.25 per 20.50 per 3.05 per day on which the page page page fee is paid
(ii) provided within 2 days after the
24.90 plus
24.90 plus
7.45 plus
9.40 per 18.75 per 2.80 per
day on which the page page page fee is paid
(iii) provided within 4 days after the
24.90 plus
24.90 plus
7.45 plus
8.85 per 17.90 per 2.65 per
day on which the page page page fee is paid
(iv) provided within 7 days after the
24.90 plus
24.90 plus
7.45 plus
8.55 per 17.00 per 2.55 per
day on which the page page page fee is paid
(v) provided within 24.90 plus 24.90 plus 7.45 plus 14 days after the 7.25 per 14.50 per 2.15 per day on which the page page page fee is paid
(vi) provided on a running basis (i.e.
24.90 plus
24.90 plus
7.45 plus
10.90 per 21.80 per 3.25 per
periodically page page page throughout or
following the day
of theproceedings)
31 July 2020 GOVERNMENT GAZETTE, WA 2531 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(b) For the provision of a copy of a transcript, or
part of a transcript,
where the transcript or
part has already been
provided to the personrequesting the copy —
(i) electronic format 25.90 per 25.90 per 7.75 per
copy copy copy
(ii) paper copy 2.55 per 2.55 per 0.75 per page page page Note for this item:
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 inthe Court —
(a) for a claim not
exceeding $10 000 156.00 303.00 46.80
2532 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 396.00 773.00 100.00 (c) for a claim exceeding
$50 000 630.00 1 227.00 100.00 Note for this item:
The fee is not payable in respect of applications referred to in item 10 or 11.
2. On filing a counterclaim,
a set-off, a third party
claim or any other
application for which no
fee has been provided inthis Division —
(a) for a claim not
exceeding $10 000 101.00 197.50 30.30
(b) for a claim
exceeding $10 000
but not exceeding
$50 000 185.00 306.00 55.50 (c) for a claim
exceeding $50 000 294.00 491.00 88.00 3. On commencing an
appeal —
(a) for a claim not
exceeding $10 000 51.90 133.50 15.55
31 July 2020 GOVERNMENT GAZETTE, WA 2533 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(b) for a claim
exceeding $10 000
but not exceeding
$50 000 78.00 204.00 23.40 (c) for a claim
exceeding $50 000 104.50 274.00 31.30 4. Application for
hearing —
(a) for a claim not
exceeding $10 000 246.00 479.00 74.00
(b) for a claim
exceeding $10 000
but not exceeding
$50 000 449.00 864.00 100.00 (c) for a claim
exceeding $50 000 498.00 966.00 100.00 Notes for this item:
1. The fee is not payable for applications for hearing of matters dealt with under the minor cases procedure, residential tenancies proceedings, applications referred to in item 10 or 11 or for relisting a hearing, or if the
proceedings are of an interlocutory nature only.
2. No fee is payable in respect of listing an appeal for hearing.
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.
4. Includes pre-trial conference, mediation conference, directions hearing
and listing conference.
2534 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
5. or dates of hearing of an
For allocation of a date proceedings, for each
half day allocated —
(a) for a claim not
exceeding $10 000 141.50 371.00 42.40
(b) for a claim
exceeding $10 000
but not exceeding
$50 000 250.00 648.00 75.00 (c) for a claim
exceeding $50 000 358.00 922.00 100.00 Notes for this item:
1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings or applications referred to
in item 10 or 11.
2. No fee is payable if the proceedings are of an interlocutory nature only.
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.
4. The fee is to be refunded or transferred to a new allocated date or dates if the Court 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.
31 July 2020 GOVERNMENT GAZETTE, WA 2535 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
5. If written advice of settlement or written notice of intended adjournment is received by the Court no 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 amagistrate —
(a) for a claim not
exceeding $10 000 141.50 371.00 42.40
(b) for a claim
exceeding $10 000
but not exceeding
$50 000 250.00 648.00 75.00 (c) for a claim
exceeding $50 000 358.00 922.00 100.00 Notes for this item:
1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings, applications referred to in item 10 or 11 or if the proceedings are of an interlocutory nature only.
2. The fee to be charged is to be paid in respect of any number of hearing days or half days greater than the number of hearing days for which a
fee has been paid under item 5.
3. The daily fee becomes payable on a day-to-day basis and is payable
prior to the daily reconvening of the hearing.
2536 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $ 7. On filing of an
interlocutory application
or application for
assessment of damages
or summary judgment
that requires hearing
before a magistrate orregistrar —
(a) for a claim not
exceeding $10 000 130.50 253.00 39.10
(b) for a claim
exceeding $10 000
but not exceeding
$50 000 157.00 303.00 47.10 (c) for a claim
exceeding $50 000 211.00 413.00 63.50 Notes for this item:
1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings or applications referred to
in item 10 or 11.
2. The fee is inclusive of the hearing of the application and includes any
adjournment of the hearing.
3. The fee is not payable for matters dealt with in the absence of a party.
8. On an appointment to
assess a bill of costs —
(a) for a claim not 130.50 plus 253.00 plus 39.10 plus
exceeding $10 000 2.50% 2.50% 0.00%
31 July 2020 GOVERNMENT GAZETTE, WA 2537 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(b) for a claim 157.00 plus 303.00 plus 47.10 plus exceeding $10 000 2.50% 2.50% 0.00% but not exceeding $50 000 (c) for a claim 211.00 plus 413.00 plus 63.50 plus exceeding $50 000 2.50% 2.50% 0.00% Notes for this item:
1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings or applications referred to in item 10 or 11.
2. The % rate is to be applied to the amount at which the bill is drawn.
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 days or more before the day of the appointment, 80%. 9. On the execution of an arrest warrant of any
kind —
(a) for arresting the
person 171.00 171.00 171.00
(b) for conveying the
person to a court or
a custodial place
and releasing the
person from arrest
or custody 169.50 169.50 169.50
2538 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(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 44.90 44.90 44.90 Notes for this item:
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.
2. The fee under paragraph (a) includes the costs of —
(a) receiving and printing 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 the Road Traffic
(Authorisation to Drive)
Act 2008 section 27 255.00 N/A 76.50
31 July 2020 GOVERNMENT GAZETTE, WA 2539 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Magistrates Court (Fees) Regulations 2005 amended Part 8 r. 16
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
11. On filing —
(a) an application for a
misconduct restraining
order under theRestraining Orders
Act 1997 155.00 155.00 46.50
(b) an application under
the Disposal ofUncollected Goods
Act 1970 155.00 155.00 46.50 (c) an application under the Fines, Penalties and Infringement
Notices EnforcementAct 1994 section 101,
101AA or 101A 155.00 155.00 46.50 (d) an application under the Dividing Fences
Act 1961 155.00 155.00 46.50 (e) an application under the Pawnbrokers and Second-hand Dealers
Act 1994 155.00 155.00 46.50
2540 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 16
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 130.50 130.50 39.10
(b) an application under
the CriminalProcedure Act 2004
section 71 130.50 130.50 39.10 2. For the issue of a summons or court hearing notice to
an accused 25.00 25.00 7.50 3. For a warrant of any
kind —
(a) issue of it 130.50 130.50 39.10 (b) execution of it 169.50 169.50 169.50
31 July 2020 GOVERNMENT GAZETTE, WA 2541 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
State Administrative Tribunal Regulations 2004 amended Part 9 r. 17
Part 9 — State Administrative Tribunal
Regulations 2004 amended
17. Regulations amended
This Part amends the State Administrative Tribunal
Regulations 2004.
18. 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 2 015.00 2 015.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 2 015.00 2 015.00 100.00 3. Application for 376.00 plus 560.00 plus 100.00 assessment of costs assessment assessment fee of fee of 2.50% of 2.50% of the costs the costs claimed in claimed in the the application application
2542 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 9 State Administrative Tribunal Regulations 2004 amended r. 18
(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 736.00 1 342.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 673.00 871.00 100.00 3. Application for 266.00 plus 399.00 plus 80.00 assessment of costs assessment assessment fee of fee of 2.50% of 2.50% of the costs the costs claimed in claimed in the the application application
31 July 2020 GOVERNMENT GAZETTE, WA 2543 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
State Administrative Tribunal Regulations 2004 amended Part 9 r. 18
(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 135.00 135.00 40.50 2. Hearing fee (for each allocated, other than
the first day) 267.00 267.00 80.00 3. Application for 130.50 plus 193.50 plus 39.10 assessment of costs assessment assessment fee of fee of 2.50% of 2.50% of the costs the costs claimed in claimed in the the application application
2544 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 9 State Administrative Tribunal Regulations 2004 amended r. 19 19. 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 736.00 736.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 673.00 673.00 100.00 3. Application for 266.00 plus 266.00 plus 80.00 assessment of costs assessment assessment fee of fee of 2.50% of 2.50% of the costs the costs claimed claimed in the in the application application
31 July 2020 GOVERNMENT GAZETTE, WA 2545 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
State Administrative Tribunal Regulations 2004 amended Part 9 r. 19
(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 1 342.00 1 342.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 871.00 871.00 100.00 3. Application for 399.00 plus 399.00 plus 100.00 assessment of costs assessment assessment fee of fee of 2.50% of 2.50% of the costs the costs claimed in claimed the in the application application
2546 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 9 State Administrative Tribunal Regulations 2004 amended r. 20 20. Regulation 11B amended
In regulation 11B delete the Table and insert:
Table
Item Matter Column A Column B Column C
Fee for individual or
Fee for
Fee for
entity eligible
eligible individual entity
$ $ $
1. Application 605.00 605.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 605.00 605.00 100.00 3. Application for 210.00 plus 317.00 plus 63.00 assessment of costs assessment assessment fee of 2.50% fee of of the costs 2.50% of claimed the costs in the claimed application in the application
31 July 2020 GOVERNMENT GAZETTE, WA 2547 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
State Administrative Tribunal Regulations 2004 amended Part 9 r. 21
21. 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 122.50 246.00 36.80 2. For a copy of a document, for each page
or part of a page 1.75 1.75 0.55 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 1.80 1.80 0.55 (c) for each copy on the who is not a party to
the application 1.80 1.80 0.55
2548 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 9 State Administrative Tribunal Regulations 2004 amended r. 21
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 true copy, an additional
fee of 23.90 23.90 7.15 5.
(a) For the provision of a transcript, or part
of a transcript —
(i) provided 24.90 plus 24.90 plus 7.45 plus
within 1 day 10.25 per 20.45 per 3.05 per after the day on page page page which the fee is paid
(ii) provided 24.90 plus 24.90 plus 7.45 plus
within 2 days 9.40 per 18.75 per 2.80 per after the day on page page page which the fee is paid
(iii) provided 24.90 plus 24.90 plus 7.45 plus
within 4 days 8.85 per 17.90 per 2.65 per after the day on page page page which the fee is paid
(iv) provided 24.90 plus 24.90 plus 7.45 plus
within 7 days 8.55 per 17.00 per 2.55 per after the day on page page page which the fee is paid
31 July 2020 GOVERNMENT GAZETTE, WA 2549 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
State Administrative Tribunal Regulations 2004 amended Part 9 r. 21
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(v) provided 24.90 plus 24.90 plus 7.45 plus
within 14 days 7.25 per 14.50 per 2.15 per after the day on page page page which the fee is paid
(vi) provided on a 24.90 plus 24.90 plus 7.45 plus
running basis 10.90 per 21.80 per 3.25 per (i.e. page page page periodically
throughout or
following the
day of theproceedings)
(b) For the provision of a copy of a
transcript, or part of
a transcript, where
the transcript or part
has already been
provided to the
person requestingthe copy —
(i) electronic 25.90 per 25.90 per 7.75 per
format copy copy copy
(ii) paper copy 2.55 per 2.55 per 0.75 per page page page
2550 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 9 State Administrative Tribunal Regulations 2004 amended r. 21
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
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 27.00 27.00 8.10 7. For searching any
proceeding or record
other than a search made
by or on behalf of a party
to the application 60.00 60.00 18.00 8. For sealing a summons to
a witness 49.50 49.50 14.85
31 July 2020 GOVERNMENT GAZETTE, WA 2551 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 22
Part 10 — Supreme Court (Fees)
Regulations 2002 amended
22. Regulations amended
This Part amends the Supreme Court (Fees) Regulations 2002.
23. Schedules 1 to 3 replaced
Delete Schedules 1 to 3 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 1 595.00 3 108.00 100.00
(b)
a notice of appeal (whether in draft
form or not) 1 595.00 3 108.00 100.00
2552 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
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 1 595.00 3 108.00 100.00
(b) a third party notice
or a notice under the
Rules O. 19 r. 8 1 595.00 3 108.00 100.00
(c) an application —
(i) to extend a
period of time
fixed by law,
including an
application to
extend time
before
proceedings are
commenced 532.00 1 042.00 100.00
(ii) to limit a period
of time within
which
proceedings
may be taken 532.00 1 042.00 100.00 (iii) for leave to
serve a writ or
notice of a writ
out of
jurisdiction 532.00 1 042.00 100.00
31 July 2020 GOVERNMENT GAZETTE, WA 2553 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(iv) to swear to the
death of a
person 532.00 1 042.00 100.00 (v) for leave to
appeal 532.00 1 042.00 100.00 (vi) for leave to
issue a
subpoena under
the CommercialArbitration
Act 2012 532.00 1 042.00 100.00 (vii) in a pending
cause or matter
in admiralty
whether by
summons or
motion, other
than an
application by
the Marshal 532.00 1 042.00 100.00
(d)
any other application for which no fee has been provided in this
Division 532.00 1 042.00 100.00 Note for this item:
The fee in paragraph (c)(vi) is payable only once on the first application in
an arbitration.
2554 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
3. Commencing an appeal to
which the Rules O. 60A
r. 4 applies 1 063.00 2 081.00 100.00 4. Entry for hearing a cause or matter or notice of an appointment to hear an
originating summons 1 595.00 3 108.00 100.00 5.
Allocation of hearing date 1 068.00 2 772.00 100.00
for each for each day day allocated allocated
Note for this item:
See regulation 9.
6. Daily hearing fee before a master or 1 or more
judges 1 068.00 2 772.00 0.00 Notes for this item:
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 (or part days) greater than the number of hearing days for which a fee
has been paid under item 5.
3. If the Court allocates a half-day or less for the continuation of the hearing, a fee equal to half the prescribed amount is payable for that
period.
4. The daily fee becomes payable on a day-to-day basis and is payable before the daily reconvening of the hearing.
31 July 2020 GOVERNMENT GAZETTE, WA 2555 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
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 before a
judge, master or
registrar inchambers —
(i) an interlocutory
application or
summons
returnable 375.00 728.00 100.00 (ii) an application for assessment
of damages 375.00 728.00 100.00 (iii) an application
for summary
judgment 375.00 728.00 100.00
(b) On an appointment before a judge,
master or registrar —
(i)
on a reference for inquiry and
report 375.00 728.00 100.00
(ii) to pass accounts 375.00 728.00 100.00
2556 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(iii) to settle the
index of a
transcript for
use upon the
hearing of an
appeal 375.00 728.00 100.00 (iv) on a reference to a registrar in admiralty
proceedings 375.00 728.00 100.00
(c) On an appointment
before a judge,
master or registrar
for mediation 375.00 728.00 0.00 Notes for this item:
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 is payable 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.
31 July 2020 GOVERNMENT GAZETTE, WA 2557 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
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 a hearing.
Note for this item:
The daily fee becomes payable on a day-to-day basis and is payable before
the daily reconvening of the hearing.
9. On filing a bill of costs
for taxation in a cause or
matter or under theCommercial Arbitration Act 2012, or on filing an
application for an
assessment of a bill of
costs under the LegalProfession Act 2008 —
(a) lodgment fee 518.00 1 004.00 100.00
(b) appointment to tax a
on the setting of an additional fee at the
rate of 2.50% 2.50% 0.00%
2558 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
Notes for this item:
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 paragraph (b) of the amount found due on taxation.
3. If the parties agree on the bill of costs in a cause or matter or under 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 days or more before the day of the appointment, 80%.
10. proceeding or record other
For searching any on behalf of a party to the
proceeding 53.90 53.90 16.15 Note for this item: But if the search is made by a recognised service approved by the Attorney General: $2.40.
31 July 2020 GOVERNMENT GAZETTE, WA 2559 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
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 79.00 79.00 23.70 (b) If an officer is
required to attend at
any court or place
out of the Supreme
Court building, theofficer’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 106.50 106.50 32.00 12. (a) document of any
kind or an exhibit,
including marking as
an office copy ifFor a copy of a page or part of
a page 2.25 2.25 0.70
2560 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
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 forjudgment —
(i) for each copy
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 18.75 18.75 5.65 (ii) for each copy consisting of 10 or more
pages an
additional fee
per page of 2.40 2.40 0.70
(c)
For certifying under seal that a document is a true copy, an
additional fee of 25.90 25.90 7.75 (d) For a certificate
under the hand of a
registrar 39.20 39.20 11.75
31 July 2020 GOVERNMENT GAZETTE, WA 2561 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(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 106.00 106.00 31.80
13. (a) For the provision of a transcript, or part of a transcript —
(i) provided within 24.90 plus 24.90 plus 7.45 plus
1 day after the 10.25 per 20.45 per 3.05 per day on which page page page the fee is paid
(ii) provided within 2 days after the
24.90 plus
24.90 plus
7.45 plus
9.40 per 18.75 per 2.80 per
day on which page page page the fee is paid
(iii) provided within 4 days after the
24.90 plus
24.90 plus
7.45 plus
8.85 per 17.90 per 2.65 per
day on which page page page the fee is paid
(iv) provided within 7 days after the
24.90 plus
24.90 plus
7.45 plus
8.55 per 17.00 per 2.55 per
day on which page page page the fee is paid
2562 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(v) provided within 14 days after the
24.90 plus
24.90 plus
7.45 plus
7.25 per 14.50 per 2.15 per
day on which page page page the fee is paid
(vi) provided on a 24.90 plus 24.90 plus 7.45 plus
running basis 10.90 per 21.80 per 3.25 per (i.e. periodically page page page throughout or following the day of the
proceedings)
(b) For the provision of a copy of a
transcript, or part of
a transcript, where
the transcript or part
has already been
provided to the
person requesting thecopy —
(i) electronic 25.90 per 25.90 per 7.75 per
format copy copy copy
(ii) paper copy 2.55 per 2.55 per 0.75 per page page page
14. On filing an application
for admission as a
practitioner 449.00 N/A N/A
31 July 2020 GOVERNMENT GAZETTE, WA 2563
Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
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 266.00 690.00 80.00 2. On filing —
(a) Appellant’s case 4 008.00 10 417.00 100.00 (b) Respondent’s case 4 008.00 10 417.00 100.00
3. On filing an application
to transfer an appeal from
the District Court to the
Court of Appeal under theMagistrates Court (Civil
Proceedings) Act 2004
s. 41 532.00 1 042.00 100.00 4.
(a) On filing an
application in an
appeal for an interim
order or to amend or
cancel an interim
order 375.00 728.00 100.00
(b) On an appointment
before a judge or
registrar to settle the
appeal book index 375.00 728.00 100.00
2564 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
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 registrar for
mediation 375.00 728.00 0.00 Notes for this item:
1. The fee includes the first day of the hearing of the matter and any
adjournment of the matter.
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 each additional 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 the daily reconvening of the hearing.
5. Setting down fee 1 338.00 2 599.00 100.00 Notes for this item: 1. The fee is payable when the appeal book is filed.
2. The fee includes the fee for the first day of hearing.
6. Allocation of hearing date 1 068.00 2 772.00 0.00 for each for each day day estimated estimated Note for this item: The 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.
31 July 2020 GOVERNMENT GAZETTE, WA 2565 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
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 1 068.00 2 772.00 0.00 Notes for this item: 1. The fee is not payable in relation to an application for, or to amend
or cancel, an interim order.
2. The fee is payable for each additional day or part of a 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 the prescribed amount is payable for that
period.
4. The daily hearing fee is payable on a day-to-day basis and is
payable before the daily reconvening of the hearing.
8. proceeding or record other
For searching any on behalf of a party to an
appeal 54.00 54.00 16.20 Note for this item: But if the search is made by a recognised service approved by the Attorney General: $2.20.
2566 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
9. (a) document of any
kind or an exhibit,
including marking asFor a copy of a required, for each
page or part thereof 2.25 2.25 0.70 (b) For a copy of
reasons forjudgment —
(i) for each copy
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 18.80 18.80 5.65 (ii) for each copy consisting of more than 10 pages an
additional fee
per page of 2.40 2.40 0.70
31 July 2020 GOVERNMENT GAZETTE, WA 2567 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(c)
For certifying under seal that a document is a true copy, an
additional fee of 25.90 25.90 7.75 (d) For a certificate
under the hand of a
registrar 51.00 51.00 15.30
10. (a) For the provision of a transcript, or part of a transcript —
(i) provided within 24.90 plus 24.90 plus 7.45 plus
1 day after the 10.25 per 20.50 per 3.05 per day on which page page page the fee is paid
(ii) provided within 2 days after the
24.90 plus
24.90 plus
7.45 plus
9.40 per 18.75 per 2.80 per
day on which page page page the fee is paid
(iii) provided within 4 days after the
24.90 plus
24.90 plus
7.45 plus
8.85 per 17.90 per 2.65 per
day on which page page page the fee is paid
(iv) provided within 7 days after the
24.90 plus
24.90 plus
7.45 plus
8.55 per 17.00 per 2.55 per
day on which page page page the fee is paid
2568 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(v) provided within 14 days after the
24.90 plus
24.90 plus
7.45 plus
7.25 per 14.50 2.15 per
day on which page per page page the fee is paid
(vi) provided on a 24.90 plus 24.90 plus 7.45 plus
running basis 10.90 per 21.80 per 3.25 per (i.e. periodically page page page throughout or following the day of the
proceedings)
(b) For the provision of a copy of a
transcript, or part of
a transcript, where
the transcript or part
has already been
provided to the
person requesting thecopy —
(i) electronic 25.90 per 25.90 per 7.75 per
format copy copy copy
(ii) paper copy 2.55 per 2.55 per 0.75 per page page page
31 July 2020 GOVERNMENT GAZETTE, WA 2569 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
Schedule 2 — Sheriff’s fees
[r. 4]
Item Matter Fee $ 1. On the execution of an arrest warrant of any kind —
(a) for arresting the person 171.00
(b)
for conveying the person to a court or a custodial place and releasing the person from
arrest or custody 169.50
(c) for each 30 minutes after 2 hours and required to keep the person in custody until the person is conveyed to a court or a custodial
place 44.90
Notes for this item:
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.
2. The fee under paragraph (a) includes the costs of —
(a) receiving and printing the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report.
2. For the service of any writ, application, summons, originating process, notice or order of the Court or
any other process requiring service 95.00 Notes for this item:
1.
The fee is payable whether or not the service is successful and covers up to 3 attempts at service at
the same address.
2. The fee includes the costs of receiving and printing
the process.
2570 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Fee $
3. If it is necessary to travel to execute a warrant or
other process, or on service of a writ, summons, order
of the Court, other process or document, or on
making an arrest or for all attempts, attendances andinspections, from the sheriff’s office or nearest bailiff’s office —
(a) for each kilometre travelled (1 way) in the
metropolitan area 2.40
(b) for each kilometre travelled (1 way) outside the
metropolitan area 2.65 Note for this item:
If more than 1 process or document is executed or served by the sheriff or a bailiff at the same time on the same person or on different persons at the
same address, only 1 fee for kilometres travelled is chargeable.
4. Fee to the sheriff for attending a view — per hour or
part of an hour 89.50 5.
(a) For striking a jury and preparing a jury panel 288.00 (b) For attendance of sheriff’s officer at hearing The sum
(per day or part of a day) actually and
reasonablypaid
31 July 2020 GOVERNMENT GAZETTE, WA 2571 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Supreme Court (Fees) Regulations 2002 amended Part 10 r. 23
Schedule 3 — Probate fees
[r. 4]
Item Matter Fee $ Note for this Schedule:
In this Schedule, grant means a grant of probate or administration with or
without the will, or an order to administer.
1. On filing an application for an original grant or, for a second subsequent grant in relation to the same
deceased, or to reseal a foreign grant 370.00 Note for this item: The fee covers —
(a) all documents filed in support of the application; and (b) preparation of the necessary photographic copies of documents and
(c) the issue of the grant.
2. For depositing a will of a deceased person in the
Registry (including renunciation of executor) 106.00 3. For depositing a will or instrument under the Wills
Act 1970 s. 44(1) 106.00 4.
(a) For the supply of copies of a will or other document, including marking as an office copy
if required — for each page 2.25
(b) For certifying under seal that a copy of a document is a true copy — an additional
fee of 25.90
5. (a) For an exemplification of a grant (in addition to
the fee payable under item 4(a)) 133.50 (b)
For settling and sealing a citation or a subpoena 133.50
2572 GOVERNMENT GAZETTE, WA 31 July 2020 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2020
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 23
Item Matter Fee $
6. For a search for and inspection of a document or file
of documents 54.00 R. NEILSON, Clerk of the Executive Council.
———————————
0
0
0