Attorney General Regulations Amendment (Fees and Charges) Regulations 2021 (WA)
WESTERN 2833 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041
| PERTH, TUESDAY, 29 JUNE 2021 No. 116 |
SPECIAL
PUBLISHED BY AUTHORITY GEOFF O. LAWN, GOVERNMENT PRINTER
© STATE OF WESTERN AUSTRALIA
Births, Deaths and Marriages Registration Act 1998
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 2021
SL 2021/101
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Attorney General Regulations
Amendment (Fees and Charges) Regulations 2021.
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 1 July 2021.
2834 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 2 Births, Deaths and Marriages Registration Regulations 1999 amended r. 3
Part 2 — Births, Deaths and Marriages Registration
Regulations 1999 amended
3. Regulations amended
This Part amends the Births, Deaths and Marriages Registration
Regulations 1999.
4. Regulation 4 amended
In regulation 4 delete the Table and insert:
Table
Item Matter Fee Certificates and searches 1.
Certified copy of a registration other than one provided under item 2, 3, 7 or 8
(including one 10 year search) $53
2. Commemorative certificate (including one
10 year search and a certified copy of the
registration) $63 3. Certified copy of a registration at least
75 years old $36 4.
Uncertified copy of a registration $20 5. Each 10 year search other than one provided under item 1 or 2 (including a
Result of Search certificate) $35
29 June 2021 GOVERNMENT GAZETTE, WA 2835 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Births, Deaths and Marriages Registration Regulations 1999 Part 2 amended
r. 4
Item Matter Fee Registrations and changes to the Register 6. Registration of a change of name $185 7.
Addition to, or correction of, information in respect of a registration (including one
certified copy of the amended registration) $53 8. Change to a child’s name, in respect of a
birth registration, within 12 months of
birth (including one certified copy of the
amended registration) $53 Miscellaneous
9.
Priority service $35 in addition to any other
fee
10. Manual validation of a document on request of a user of the national Document
Verification Service $10 11.
Provision of bulk information from the $500 per Register annum 12.
Matching of information in the Register $200 per request
2836 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 3 Children’s Court (Fees) Regulations 2005 amended r. 5
Part 3 — Children’s Court (Fees) Regulations 2005
amended
5. Regulations amended
This Part amends the Children’s Court (Fees) Regulations 2005.
6. 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 21.90 6.55 (b) Issue of a duplicate document
or order 21.90 6.55
2. For the service of any application, or order of the Court or any other
process requiring service 96.00 96.00 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2837 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Children’s Court (Fees) Regulations 2005 amended Part 3 r. 6
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 2.45 2.45
(b) for each kilometre travelled
(1 way) outside the
metropolitan area 2.75 2.75 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 55.50 16.65 (b) For listening to or viewing any requires supervision by an
officer of the Court —
(i) a search fee of 55.50 16.65
2838 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 3 Children’s Court (Fees) Regulations 2005 amended r. 6
Item Matter Column A Column B
Fee for Fee for individual eligible individual $ $ (ii) in addition to the search fee, for each hour of the
officer’s time 135.50 40.65
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 81.50 24.40 (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 122.50 36.80 6. (a) Copies of documents or
exhibits for each page or part of
a page 2.30 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 19.30 5.80 (ii) for each copy consisting of 10 or more pages an
additional fee per page of 2.45 0.75
29 June 2021 GOVERNMENT GAZETTE, WA 2839 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Children’s Court (Fees) Regulations 2005 amended Part 3 r. 6
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 26.70 8.00 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 25.60 plus 7.70 plus
the day on which the fee is 10.55 per 3.15 per paid page page
(ii) provided within 2 days 25.60 plus 7.70 plus after the day on which the 9.70 per 2.90 per fee is paid page page
(iii) provided within 4 days 25.60 plus 7.70 plus
after the day on which the 9.10 per 2.75 per fee is paid page page
(iv) provided within 7 days 25.60 plus 7.70 plus
after the day on which the 8.80 per 2.65 per fee is paid page page
(v) provided within 14 days 25.60 plus 7.70 plus after the day on which the 7.45 per 2.25 per fee is paid page page
(vi) provided on a running 25.60 plus 7.70 plus
basis (i.e. periodically 11.25 per 3.40 per throughout or following page page the day of the proceedings)
2840 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 3 Children’s Court (Fees) Regulations 2005 amended r. 6
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 the personrequesting the copy —
(i) electronic format 26.70 per 8.00 per
copy copy
(ii) paper copy 2.65 per 0.80 per 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
Fee for Fee for individual eligible individual
$ $
1. On filing an application for a misconduct restraining order under
the Restraining Orders Act 1997 159.50 47.90 2. On the execution of an arrest warrant
of any kind —
(a) for arresting the person 176.00 176.00
29 June 2021 GOVERNMENT GAZETTE, WA 2841 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Children’s Court (Fees) Regulations 2005 amended Part 3 r. 6
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
(b) for conveying the person to a court or a custodial place and releasing the person from arrest
or custody 174.50 174.50 (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 46.20 46.20 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 27 263.00 79.00
2842 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 3 Children’s Court (Fees) Regulations 2005 amended r. 6
Division 3 — Criminal Jurisdiction
Item Matter Column A Column B
Fee for Fee for individual eligible individual $ $
1. On filing —
(a) a prosecution notice 134.50 40.40
(b) an application under the Criminal Procedure Act 2004
section 71 134.50 40.40
2. For the issue of a summons or court
hearing notice to an accused 25.80 7.75 3. For a warrant of any kind —
(a) issue of warrant 134.50 40.40 (b) execution of warrant 174.50 174.50
29 June 2021 GOVERNMENT GAZETTE, WA 2843 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Civil Judgments Enforcement Regulations 2005 amended Part 4 r. 7
Part 4 — Civil Judgments Enforcement
Regulations 2005 amended
7. Regulations amended
This Part amends the Civil Judgments Enforcement
Regulations 2005.
8. 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 $10 000 134.50 202.00 40.40 (b) all other judgments 217.00 327.00 65.00 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.
2844 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 4 Civil Judgments Enforcement Regulations 2005 amended r. 8
Item Matter Column A Column B Column C
Fee for Fee for Fee for
individual entity eligible or eligible individual entity
$ $ $
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.
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) 114.00 151.00 34.20
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 70.00 (b) Service of any process when personal service
is required under the Act 96.00
29 June 2021 GOVERNMENT GAZETTE, WA 2845 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Civil Judgments Enforcement Regulations 2005 amended Part 4 r. 8
Item Action Fee $
(c) Service by post, including postage 46.90 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.
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 220.00 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 176.00 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.
2846 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 4 Civil Judgments Enforcement Regulations 2005 amended r. 8
Item Action Fee $ 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.
4. For inspection of personal property under seizure 92.00 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 10.10 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 2.45
29 June 2021 GOVERNMENT GAZETTE, WA 2847 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Civil Judgments Enforcement Regulations 2005 amended Part 4 r. 8
Item Action Fee $
(b) for each kilometre travelled (1 way) outside
the metropolitan area 2.75 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.
7. Preparation for the sale of real or personal
property 918.00 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 program; and (d) preparing particulars and conditions of sale.
8. For attendance at sale 145.50 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 afterseizure under the order —
(a) for amounts up to and including $13 500 — a
fee at the rate of 5.00%
2848 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 4 Civil Judgments Enforcement Regulations 2005 amended r. 8
Item Action Fee $
(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.
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 —
(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%
29 June 2021 GOVERNMENT GAZETTE, WA 2849 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Civil Judgments Enforcement Regulations 2005 amended Part 4 r. 8
Item Action Fee $ (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 $478.00.
11. On the execution of an arrest warrant of any
kind —
(a) for preparing to arrest, and arresting, the
person 176.00 (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 174.50 (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 46.20 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.
2850 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 4 Civil Judgments Enforcement Regulations 2005 amended r. 8
Item Action Fee $ 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 46.20
(b) in accordance with a property (seizure and
delivery) order 46.20 (c) in accordance with a property (seizure and
sale) order 46.20 13. If an enforcement officer is necessarily put to and
incurs extra trouble and expense in the discharge A sum or
of a function incidental to the officer’s office, additional sum employment or engagement or for the performance that the Sheriff of a function not otherwise provided for in this may reasonably
Schedule allow 14.
For an auctioneer’s or agent’s commission, A fee fixed in advertising and sundry expenses on account of sale accordance
by auction or otherwise of real or personal with a
property, whether or not the sale takes place recognised scale of charges for auctioneers or agents in the
State or such
other fee as theSheriff may reasonably
allow
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 sale or intended sale, printing catalogues and bills
The sums
actually and
and distributing and posting them reasonably paid
29 June 2021 GOVERNMENT GAZETTE, WA 2851 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Civil Judgments Enforcement Regulations 2005 amended Part 4 r. 8
Item Action Fee $
(b) for labour, if any, employed in lotting and The sums showing personal property, preparing actually and catalogues and, if a sale takes place by reasonably auction, attending the sale and supervising the paid removal of property by its purchaser (c) travelling expenses The sums actually and reasonably
paid
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 The sums actually and reasonably
paid
(c) For storing personal property which has been seized and insuring the property for loss due to
The sums
actually and fire, theft or damage and, in the case of a reasonably motor vehicle, for accident and third party risk paid (d) For removal or cartage expenses The sums actually and reasonably
paid
(e) For agistment, costs of care and feed and other necessary costs in respect of animals or
The sums
actually and livestock under seizure, whether or not they reasonably are removed paid
2852 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 4 Civil Judgments Enforcement Regulations 2005 amended r. 8
Item Action Fee $ 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 21.90 19. Copies of documents —
(a) copies of enforcement orders — for each page 2.30
(b) for certifying that a document is a true copy —
an additional fee of 26.50
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 154.50 2.
For receiving and entering a writ of summons, decree, order, commission or other instrument under
the seal of the Supreme Court 62.00 3. For service of a writ of summons 145.50 4. For executing a warrant for the arrest of a ship or other property 363.00 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 4 441.00 6. For the execution of an attachment — for each person 145.50
29 June 2021 GOVERNMENT GAZETTE, WA 2853 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Civil Judgments Enforcement Regulations 2005 amended Part 4 r. 8
Item Matter Fee $ 7. For the release from arrest of a vessel, goods or a
person 92.50 8. For attending the discharge of cargo, or removal of
a vessel or goods, per hour 92.50 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 312.00 10. For the execution of a decree or order, commission or other instrument other than those provided for in
another item of this Schedule 145.50 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, actually and the expenses per day actually paid in respect of reasonably a 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) 92.00 Note for this paragraph:
If the possession is for a lengthy period, this fee may be reduced at the
discretion of the Marshal.
(c) For the safe custody of property under arrest The sum actually and reasonably
paid
2854 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 4 Civil Judgments Enforcement Regulations 2005 amended r. 8
Item Matter Fee $
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 expenses for their 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 additional sum trouble and expense in the discharge of any duty that the incidental to their office or employment or for any Marshal may duty or service not provided for in another item of reasonably this Schedule allow
29 June 2021 GOVERNMENT GAZETTE, WA 2855 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Coroners Regulations 1997 amended Part 5 r. 9
Part 5 — 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 eligible individual individual $ $
1. Copy of document or exhibit —
for each page or part of a page 2.30 0.70 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 1.85 0.55 (c) for each copy on the request of any other person — for
each page or part of a page 1.85 0.55 3. Certifying under seal that a
document is a true copy 26.70 8.00
2856 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 5 Coroners Regulations 1997 amended r. 10
Item Matter Column A Column B
Fee for Fee for eligible individual individual $ $
4.
(a)
For the provision of a transcript, or part of a transcript, or notes of
evidence —
(i) provided within 1 day 25.60 plus 7.70 plus
after the day on which 10.55 per 3.15 per page the fee is paid page
(ii) provided within 2 days 25.60 plus 7.70 plus after the day on which 9.70 per 2.90 per page the fee is paid page (iii) provided within 4 days 25.60 plus 7.70 plus after the day on which 9.10 per 2.75 per page the fee is paid page (iv) provided within 7 days 25.60 plus 7.70 plus after the day on which 8.80 per 2.65 per page the fee is paid page (v) provided within 25.60 plus 7.70 plus 14 days after the day on 7.45 per 2.25 per page which the fee is paid page (vi) provided on a running 25.60 plus 7.70 plus basis (i.e. periodically 11.25 per 3.40 per page throughout or following page the day of the proceedings)
29 June 2021 GOVERNMENT GAZETTE, WA 2857 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Coroners Regulations 1997 amended Part 5 r. 10
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 person requesting the
copy —
(i) electronic format 26.70 per 8.00 per copy copy (ii) paper copy 2.65 per page 0.80 per page
2858 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 6 District Court (Fees) Regulations 2002 amended r. 11
Part 6 — District Court (Fees) Regulations 2002
amended
11. Regulations amended
This Part amends the District Court (Fees) Regulations 2002.
12. 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 1 094.00 2 132.00 100.00 2. On filing an application
for an extraordinary
licence under the RoadTraffic (Authorisation to
Drive) Act 2008
section 27 263.00 N/A 79.00
29 June 2021 GOVERNMENT GAZETTE, WA 2859 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
District Court (Fees) Regulations 2002 amended Part 6 r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
3. On filing an application for an order made under the Spent Convictions
Act 1988 section 6(1) 159.50 N/A 47.90 4. On filing —
(a) a counterclaim 1 094.00 2 132.00 100.00 (b) a third party notice 1 094.00 2 132.00 100.00
(c) an application —
(i) to extend a
period of time
fixed by law,
including an
application to
extend time
before
proceedings are
commenced 411.00 710.00 100.00 (ii) to limit a period
of time within
which
proceedings
may be taken 411.00 710.00 100.00 (iii) for leave to
serve a writ or
notice of a writ
out of
jurisdiction 411.00 710.00 100.00 (d) an application for
leave to appeal Nil Nil Nil
2860 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 6 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
$ $ $
(e) any other
application for
which no fee has
been provided in
this Schedule 411.00 710.00 100.00 5. On filing —
(a) an appeal notice 620.00 1 604.00 100.00
(b)
for each additional half day allocated for the hearing of
the appeal 480.00 1 249.00 100.00 Notes for this item:
1. The fee in paragraph (a) includes any directions hearings and the 1st 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2861 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
District Court (Fees) Regulations 2002 amended Part 6 r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
6. or matter (including the
assessment of damages in
an action for personalEntry for hearing a cause appointment to hear an
originating summons 1 094.00 2 132.00 100.00 Note for this item:
This item does not apply to entering an appeal for hearing.
7. Allocation of hearing
date, for each day
allocated 960.00 2 500.00 100.00 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 960.00 2 500.00 100.00 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.
2862 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 6 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
$ $ $
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 274.00 535.00 82.00
(b) an application for
assessment of
damages other than
in an action for
personal injury 274.00 535.00 82.00 (c) an application for
summary judgment 274.00 535.00 82.00 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2863 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
District Court (Fees) Regulations 2002 amended Part 6 r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
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 8 is 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 274.00 535.00 82.00
(b) in addition to the lodgment fee — a
taxing fee at the
rate of 2.50% 2.50% 0.00% 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.
2864 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 6 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
$ $ $
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 proceeding 55.50 55.50 16.65 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 recipientsunder regulation 11A —
(a) fee per action or
matter provided to
recipient 2.45 2.45 0.75
(b) annual fee for
information
provided by email to
approved recipient 2 515.00 2 515.00 100.00 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2865 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
District Court (Fees) Regulations 2002 amended Part 6 r. 12
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
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 81.50 81.50 24.40 (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 122.50 122.50 36.80 15. (a) document of any
kind or an exhibit,
including markingFor a copy of a required, for each
page or part thereof 2.30 2.30 0.70
2866 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 6 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 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 19.30 19.30 5.80
(ii) for each copy
consisting of 10
or more pages
an additional
fee per page of 2.45 2.45 0.75 (c) For certifying under seal that a document is a true copy — an
additional fee of 26.70 26.70 8.00 (d) For a certificate
under the hand of a
registrar 51.00 51.00 15.30
29 June 2021 GOVERNMENT GAZETTE, WA 2867 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
District Court (Fees) Regulations 2002 amended Part 6 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 the provision of a transcript, or part
of a transcript —
(i) provided within 1 day after the
25.60 plus
25.60 plus
7.70 plus
10.55 per 21.10 per 3.15 per
day on which page page page the fee is paid
(ii) provided within 2 days after the
25.60 plus
25.60 plus
7.70 plus
9.70 per 19.30 per 2.90 per
day on which page page page the fee is paid
(iii) provided within 4 days after the
25.60 plus
25.60 plus
7.70 plus
9.10 per 18.45 per 2.75 per
day on which page page page the fee is paid
(iv) provided within 7 days after the
25.60 plus
25.60 plus
7.70 plus
8.80 per 17.50 per 2.65 per
day on which page page page the fee is paid
(v) provided within 25.60 plus 25.60 plus 7.70 plus
14 days after 7.45 per 14.95 per 2.25 per the day on page page page which the fee is paid
2868 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 6 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
$ $ $
(vi) provided on a running basis
25.60 plus
25.60 plus
7.70 plus
11.25 per 22.50 per 3.40 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
the copy —
(i) electronic 26.70 per 26.70 per 8.00 per format copy copy copy
(ii) paper copy 2.65 per 2.65 per 0.80 per page page page
29 June 2021 GOVERNMENT GAZETTE, WA 2869 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
District Court (Fees) Regulations 2002 amended Part 6 r. 12
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 176.00
(b)
for conveying the person to a court or a custodial place and releasing the person from arrest or
custody 174.50 (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 46.20 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 98.00 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.
2870 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 6 District Court (Fees) Regulations 2002 amended r. 12
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 and inspections,
from the sheriff’s office or nearest bailiff’s office —
(a) for each kilometre travelled (1 way) in the
metropolitan area 2.45 (b) for each kilometre travelled (1 way) outside the
metropolitan area 2.75 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 92.00 5.
(a) For striking a jury and preparing a jury panel 297.00 (b) For attendance of sheriff’s officer at hearing (per The sum
day or part of a day) actually and reasonably
paid
29 June 2021 GOVERNMENT GAZETTE, WA 2871 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Evidence (Video and Audio Links Fees and Expenses) Part 7 Regulations 1999 amended
r. 13
Part 7 — Evidence (Video and Audio Links Fees and Expenses) Regulations 1999 amended
13. Regulations amended
This Part amends the Evidence (Video and Audio Links Fees
and Expenses) Regulations 1999.
14. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 2 and 3]
1. Booking fee
(a) Intrastate link $148.00 (b) Interstate or overseas link $219.00
2. Hourly fee
Per hour or part of an hour $115.50
2872 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 8 Fines, Penalties and Infringement Notices Enforcement Regulations 1994 amended r. 15
Part 8 — Fines, Penalties and Infringement Notices
Enforcement Regulations 1994 amended
15. Regulations amended
This Part amends the Fines, Penalties and Infringement Notices
Enforcement Regulations 1994.
16. 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) $24.80 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) $21.10 3. Fee for registering an infringement notice with the
Registry (to be imposed when the notice is registered) $79.50 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) $52.50 5. Fee for issuing an enforcement warrant (to be imposed
when the warrant is issued) $247.00
29 June 2021 GOVERNMENT GAZETTE, WA 2873 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Fines, Penalties and Infringement Notices Enforcement Part 8 Regulations 1994 amended
r. 16
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) $52.50 2. Fee for issuing an enforcement warrant (to be imposed
when the warrant is issued) $247.00 3. Fee for the service of a summons under Part 4 an attempt at service, whether or not the service is successful. The fee covers up to 3 attempts at service at
the same address.) $93.00 4. If it is necessary to travel to serve a summons referred to in item 3, from the office of the person serving the summons or the nearest police station, in addition to the
fee in item 3 —
(a)
fee for each kilometre travelled (1 way) in the metropolitan region (as defined in the Planning
and Development Act 2005 section 4(1)) $2.40 (b) fee for each kilometre travelled (1 way) outside the metropolitan region (as defined in the Planning
and Development Act 2005 section 4(1)) $2.65 (To be imposed on service of the summons and on each attempt at service. If more than 1 document is served or attempted to be served at the same time on the same
person, only 1 fee for kilometres travelled is chargeable)
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 $109.00 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 $73.50
2874 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 8 Fines, Penalties and Infringement Notices Enforcement Regulations 1994 amended r. 16 4. 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.
5. 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.
6. Fee for arranging a sale of personal property or land, including preparing advertisements and conditions of sale,
but excluding disbursements, not exceeding $261.00 7. The actual amounts disbursed in connection with a sale of personal property or land (including settlement costs) are
prescribed as enforcement fees.
8.
Fee for attending a sale of personal property or land $117.50 9.
Fee for preparing and executing a transfer of land sold $261.00 10. Fee for attending a court in connection with interpleader
proceedings, for each half hour or part of a half hour $37.30 11. 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2875 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 17
Part 9 — Magistrates Court (Fees) Regulations 2005
amended
17. Regulations amended
This Part amends the Magistrates Court (Fees)
Regulations 2005.
18. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 4 and 12]
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 21.90 21.90 6.55 (b) For issue of a
duplicate document or
order 21.90 21.90 6.55
2876 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
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 96.00 96.00 96.00 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.
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 2.45 2.45 2.45
29 June 2021 GOVERNMENT GAZETTE, WA 2877 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(b) for each kilometre
travelled (1 way)
outside the
metropolitan area 2.75 2.75 2.75 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 55.50 55.50 16.65 (b) For listening to or
viewing any
electronic recording
that requires
supervision by anofficer of the Court —
(i) a search fee of 55.50 55.50 16.65
(ii) in addition to the
search fee, for
each hour of the
officer’s time 135.50 135.50 40.60
Note for this item:
Paragraph (a) does not apply in relation to information provided under
the Magistrates Court (General) Rules 2005 rule 41A.
2878 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
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 2.45 2.45 0.75
(b) annual fee for
information provided
by email to approved
recipient 79 822.00 79 822.00 79 822.00 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.
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 81.50 81.50 24.40
29 June 2021 GOVERNMENT GAZETTE, WA 2879 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 18
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 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 2.30 2.30 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 19.30 19.30 5.80
2880 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(ii) for each copy
consisting of 10
or more pages an
additional fee per
page of 2.45 2.45 0.75
(c) For certifying that a
document is a truecopy — 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.
8.
(a)
For the provision of a transcript, or part of a
transcript —
(i) provided within 25.60 plus 25.60 plus 7.70 plus
1 day after the 10.55 per 21.10 per 3.15 per day on which the page page page fee is paid
(ii) provided within 25.60 plus 25.60 plus 7.70 plus
2 days after the 9.70 per 19.30 per 2.90 per day on which the page page page fee is paid
(iii) provided within 25.60 plus 25.60 plus 7.70 plus
4 days after the 9.10 per 18.45 per 2.75 per day on which the page page page fee is paid
29 June 2021 GOVERNMENT GAZETTE, WA 2881 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(iv) provided within 25.60 plus 25.60 plus 7.70 plus
7 days after the 8.80 per 17.50 per 2.65 per day on which the page page page fee is paid
(v) provided within 25.60 plus 25.60 plus 7.70 plus
14 days after the 7.45 per 14.95 per 2.25 per day on which the page page page fee is paid
(vi) provided on a 25.60 plus 25.60 plus 7.70 plus
running basis 11.25 per 22.50 per 3.40 per (i.e. periodically page page page 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 requesting the
copy —
(i) electronic format 26.70 per 26.70 per 8.00 per copy copy copy
2882 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(ii) paper copy 2.65 per 2.65 per 0.80 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 commence proceedings in
the Court —
(a) for a claim not
exceeding $10 000 160.50 312.00 48.10
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 408.00 796.00 100.00 (c) for a claim exceeding
$50 000 649.00 1 264.00 100.00 Note for this item:
The fee is not payable in respect of applications referred to in item 10
or 11.
29 June 2021 GOVERNMENT GAZETTE, WA 2883 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 18
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 thisDivision —
(a) for a claim not
exceeding $10 000 104.00 203.00 31.20
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 190.50 315.00 57.00 (c) for a claim exceeding
$50 000 303.00 506.00 91.00 3. On commencing an
appeal —
(a) for a claim not
exceeding $10 000 53.50 137.50 16.05
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 80.50 210.00 24.10 (c) for a claim exceeding
$50 000 107.50 282.00 32.30 4. Application for hearing —
(a) for a claim not
exceeding $10 000 253.00 493.00 76.00
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 462.00 890.00 100.00
2884 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(c) for a claim exceeding
$50 000 513.00 995.00 100.00 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.
5. dates of hearing of an
For allocation of a date or proceedings, for each half
day allocated —
(a) for a claim not
exceeding $10 000 145.50 382.00 43.60
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 258.00 667.00 77.50 (c) for a claim exceeding
$50 000 369.00 950.00 100.00 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2885 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
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.
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 $10 000 145.50 382.00 43.60
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 258.00 667.00 77.50 (c) for a claim exceeding
$50 000 369.00 950.00 100.00 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.
2886 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
3. 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.
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 amagistrate or registrar —
(a) for a claim not
exceeding $10 000 134.50 261.00 40.40
(b) for a claim exceeding
$10 000 but not
exceeding $50 000 161.50 312.00 48.40 (c) for a claim exceeding
$50 000 217.00 425.00 65.00 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 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2887 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 18
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 134.50 plus 261.00 plus 40.40 plus
exceeding $10 000 2.50% 2.50% 0.00%
(b) for a claim exceeding $10 000 but not
161.50 plus
312.00 plus
48.40 plus
2.50% 2.50% 0.00% exceeding $50 000
(c) for a claim exceeding 217.00 plus 425.00 plus 65.00 plus
$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 176.00 176.00 176.00
2888 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(b) for conveying the
person to a court or a
custodial place and
releasing the person
from arrest or custody 174.50 174.50 174.50 (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 46.20 46.20 46.20 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
29 June 2021 GOVERNMENT GAZETTE, WA 2889 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Magistrates Court (Fees) Regulations 2005 amended Part 9 r. 18
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 159.50 159.50 47.90
(b) an application under
the Disposal ofUncollected Goods
Act 1970 159.50 159.50 47.90 (c) an application under the Fines, Penalties and Infringement
Notices EnforcementAct 1994 section 101,
101AA or 101A 159.50 159.50 47.90 (d) an application under the Dividing Fences
Act 1961 159.50 159.50 47.90 (e) an application under the Pawnbrokers and Second-hand Dealers
Act 1994 159.50 159.50 47.90
2890 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 9 Magistrates Court (Fees) Regulations 2005 amended r. 18
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 134.50 134.50 40.40
(b) an application under
the CriminalProcedure Act 2004
section 71 134.50 134.50 40.40
2. For the issue of a summons or court hearing
notice to an accused 25.80 25.80 7.55 3. For a warrant of any
kind —
(a) issue of warrant 134.50 134.50 40.40 (b) execution of warrant 174.50 174.50 174.50
29 June 2021 GOVERNMENT GAZETTE, WA 2891 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
State Administrative Tribunal Regulations 2004 amended Part 10 r. 19
Part 10 — State Administrative Tribunal
Regulations 2004 amended
19. Regulations amended
This Part amends the State Administrative Tribunal
Regulations 2004.
20. Regulation 3 amended
In regulation 3 in the definition of eligible entity fee delete “in
an a” and insert:in a
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 2 075.00 2 075.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 2 075.00 2 075.00 100.00
2892 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 10 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
$ $ $
3. Application for 387.00 plus 577.00 plus 100.00 assessment of costs assessment assessment fee of 2.50% fee of 2.50% of the costs of the costs claimed in the claimed in the
application application
(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 758.00 1 382.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 693.00 897.00 100.00
29 June 2021 GOVERNMENT GAZETTE, WA 2893 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
State Administrative Tribunal Regulations 2004 amended Part 10 r. 21
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
3. Application for 274.00 plus 411.00 plus 82.00 assessment of costs assessment assessment fee of 2.50% fee of 2.50% of the costs of the costs claimed in the claimed in the
application application
(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 139.00 139.00 41.70 2. Hearing fee (for each allocated, other than
the first day) 275.00 275.00 82.50
2894 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 10 State Administrative Tribunal Regulations 2004 amended r. 22
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
3. Application for 134.50 plus 199.50 plus 40.40 assessment of costs assessment assessment fee of 2.50% fee of 2.50% of the costs of the costs claimed in the claimed in the
application application
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 758.00 758.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 693.00 693.00 100.00
29 June 2021 GOVERNMENT GAZETTE, WA 2895 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
State Administrative Tribunal Regulations 2004 amended Part 10 r. 22
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
3. Application for 274.00 plus 274.00 plus 82.00 assessment of costs assessment assessment fee of 2.50% fee of 2.50% of the costs of the costs claimed in claimed in
the the application application
(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 1 382.00 1 382.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 897.00 897.00 100.00
2896 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 10 State Administrative Tribunal Regulations 2004 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. Application for 411.00 plus 411.00 plus 100.00 assessment of costs assessment assessment fee of 2.50% fee of 2.50% of the costs of the costs
claimed in claimed the in the application application
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 623.00 623.00 100.00 2. Hearing fee (for each allocated, other than
the first day) 623.00 623.00 100.00
29 June 2021 GOVERNMENT GAZETTE, WA 2897 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
State Administrative Tribunal Regulations 2004 amended Part 10 r. 24
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
3. Application for 216.00 plus 327.00 plus 65.00 assessment of costs assessment assessment fee of 2.50% fee of 2.50% of the costs of the costs claimed in claimed in
the the application application
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 126.00 253.00 37.80 2. For a copy of a document, for each
page or part of a page 1.80 1.80 0.55
2898 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 10 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
$ $ $
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 Nil Nil Nil
(b) for each
additional copy
on the request of
a party to the
application 1.85 1.85 0.55 (c) for each copy on
the request of a
person who is not
a party to the
application 1.85 1.85 0.55 4. For certifying under a seal that a document is
a true copy — an
additional fee of 24.60 24.60 7.40 5.
(a) For the provision of a transcript, or
part of a
transcript —
(i) provided 25.60 plus 25.60 plus 7.70 plus within 1 day 10.55 per 21.10 per 3.15 per after the day page page page on which the fee is paid
29 June 2021 GOVERNMENT GAZETTE, WA 2899 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
State Administrative Tribunal Regulations 2004 amended Part 10 r. 24
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(ii) provided 25.60 plus 25.60 plus 7.70 plus
within 2 days 9.70 per 19.30 per 2.90 per after the day page page page on which the fee is paid
(iii) provided 25.60 plus 25.60 plus 7.70 plus
within 4 days 9.10 per 18.45 per 2.75 per after the day page page page on which the fee is paid
(iv) provided 25.60 plus 25.60 plus 7.70 plus
within 7 days 8.80 per 17.50 per 2.65 per after the day page page page on which the fee is paid
(v) provided 25.60 plus 25.60 plus 7.70 plus within 14 days 7.45 per 14.95 per 2.25 per after the day page page page on which the fee is paid
(vi) provided on a 25.60 plus 25.60 plus 7.70 plus
running basis 11.25 per 22.50 per 3.40 per (i.e. page page page periodically
throughout or
following the
day of theproceedings)
2900 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 10 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 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 26.70 per 26.70 per 8.00 per format copy copy copy (ii) paper copy 2.65 per 2.65 per 0.80 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 27.80 27.80 8.35 7. For searching any
proceeding or record
other than a search
made by or on behalf
of a party to the
application 62.00 62.00 18.60
29 June 2021 GOVERNMENT GAZETTE, WA 2901 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
State Administrative Tribunal Regulations 2004 amended Part 10 r. 24
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
8. For sealing a summons
to a witness 51.00 51.00 15.30
2902 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 Supreme Court (Fees) Regulations 2002 amended r. 25
Part 11 — Supreme Court (Fees) Regulations 2002
amended
25. Regulations amended
This Part amends the Supreme Court (Fees) Regulations 2002.
26. 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 1 643.00 3 201.00 100.00
(b)
a notice of appeal (whether in draft
form or not) 1 643.00 3 201.00 100.00
29 June 2021 GOVERNMENT GAZETTE, WA 2903 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 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 1 643.00 3 201.00 100.00
(b) a third party notice
or a notice under
the Rules O. 19
r. 8 1 643.00 3 201.00 100.00
(c) an application — (i) to extend a
period of time
fixed by law,
including an
application to
extend time
before
proceedings are
commenced 548.00 1 073.00 100.00 (ii) to limit a period
of time within
which
proceedings
may be taken 548.00 1 073.00 100.00 (iii) for leave to
serve a writ or
notice of a writ
out of
jurisdiction 548.00 1 073.00 100.00 (iv) to swear to the
death of a
person 548.00 1 073.00 100.00
2904 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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
$ $ $
(v) for leave to
appeal 548.00 1 073.00 100.00 (vi) for leave to
issue a
subpoena under
the CommercialArbitration
Act 2012 548.00 1 073.00 100.00 (vii) in a pending
cause or matter
in admiralty
whether by
summons or
motion, other
than an
application by
the Marshal 548.00 1 073.00 100.00
(d) any other
application for
which no fee has
been provided in
this Division 548.00 1 073.00 100.00 Note for this item:
The fee in paragraph (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 1 095.00 2 143.00 100.00
29 June 2021 GOVERNMENT GAZETTE, WA 2905 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
4. Entry for hearing a
cause or matter or notice
of an appointment to
hear an originating
summons 1 643.00 3 201.00 100.00 5.
Allocation of hearing 1 100.00 2 855.00 100.00
date for each for each
day day
allocated allocated
Note for this item:
See regulation 9.
6. Daily hearing fee before a Court constituted by a master or 1 or more
judges 1 100.00 2 855.00 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.
2906 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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. (a) On filing before a
judge, master or
registrar inchambers —
(i) an interlocutory
application or
summons
returnable 386.00 750.00 100.00 (ii) an application for assessment
of damages 386.00 750.00 100.00 (iii) an application
for summary
judgment 386.00 750.00 100.00
(b) On an appointment before a judge,
master orregistrar —
(i) on a reference for inquiry and
report 386.00 750.00 100.00 (ii) to pass
accounts 386.00 750.00 100.00 (iii) to settle the
index of a
transcript for
use upon the
hearing of an
appeal 386.00 750.00 100.00
29 June 2021 GOVERNMENT GAZETTE, WA 2907 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(iv) on a reference to a registrar in admiralty
proceedings 386.00 750.00 100.00
(c) On an appointment
before a judge,
master or registrar
for mediation 386.00 750.00 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.
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 ofa day of a hearing.
2908 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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
$ $ $
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 534.00 1 034.00 100.00
(b)
on the setting of an appointment to tax
a bill of costs —
an additional fee at
the rate of 2.50% 2.50% 0.00% 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.
29 June 2021 GOVERNMENT GAZETTE, WA 2909 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 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 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 days or more 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 55.50 55.50 16.65 Note for this item:
But if the search is made by a recognised service approved by the
Attorney General — $2.45.
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 81.50 81.50 24.40
2910 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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) 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 absentfrom the officer’s
office 109.50 109.50 32.90
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 2.30 2.30 0.70
29 June 2021 GOVERNMENT GAZETTE, WA 2911 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 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 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 19.30 19.30 5.80 (ii) for each copy consisting of 10 or more pages
an additional fee
per page of 2.45 2.45 0.75
(c) For certifying
under seal that a
document is a truecopy — an
additional fee of 26.70 26.70 8.00 (d) For a certificate
under the hand of a
registrar 39.20 39.20 11.75
2912 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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
$ $ $
(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 109.00 109.00 32.70
13. (a) For the provision of a transcript, or
part of atranscript —
(i) provided within 25.60 plus 25.60 plus 7.70 plus
1 day after the 10.55 per 21.10 per 3.15 per day on which page page page the fee is paid
(ii) provided within 2 days after the
25.60 plus
25.60 plus
7.70 plus
9.70 per 19.30 per 2.90 per
day on which page page page the fee is paid
(iii) provided within 4 days after the
25.60 plus
25.60 plus
7.70 plus
9.10 per 18.45 per 2.75 per
day on which page page page the fee is paid
(iv) provided within 7 days after the
25.60 plus
25.60 plus
7.70 plus
8.80 per 17.50 per 2.65 per
day on which page page page the fee is paid
29 June 2021 GOVERNMENT GAZETTE, WA 2913 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(v) provided within 25.60 plus 25.60 plus 7.70 plus
14 days after 7.45 per 14.95 per 2.25 per the day on page page page which the fee is paid
(vi) provided on a 25.60 plus 25.60 plus 7.70 plus
running basis 11.25 per 22.50 per 3.40 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 requestingthe copy —
(i) electronic 26.70 per 26.70 per 8.00 per format copy copy copy (ii) paper copy 2.65 per 2.65 per 0.80 per page page page
14. On filing an application
for admission as a
practitioner 449.00 N/A N/A
2914 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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 274.00 711.00 82.00 2. On filing —
(a) appellant’s case 4 128.00 10 730.00 100.00 (b) respondent’s case 4 128.00 10 730.00 100.00 3. On filing an application
to transfer an appeal
from the District Court
to the Court of Appeal
under the MagistratesCourt (Civil
Proceedings) Act 2004
s. 41 548.00 1 073.00 100.00 4.
(a) On filing an
application in an
appeal for an
interim order or to
amend or cancel
an interim order 386.00 750.00 100.00
(b) On an
appointment
before a judge or
registrar to settle
the appeal book
index 386.00 750.00 100.00
29 June 2021 GOVERNMENT GAZETTE, WA 2915 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 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 registrar
for mediation 386.00 750.00 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 1 378.00 2 677.00 100.00 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 1 100.00 2 855.00 0.00 date 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.
7. Daily hearing fee 1 100.00 2 855.00 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.
2916 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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. 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. For searching any
proceeding or record
other than a search
made by or on behalf of
a party to an appeal 55.50 55.50 16.65 Note for this item:
But if the search is made by a recognised service approved by the
Attorney General — $2.25.
9. (a) document of any
kind or an exhibit,For a copy of a as an office copy
if required — for each page or part
thereof 2.30 2.30 0.70
29 June 2021 GOVERNMENT GAZETTE, WA 2917 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 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 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 19.35 19.35 5.80 (ii) for each copy consisting of more than 10 pages an
additional fee
per page of 2.45 2.45 0.75
(c) For certifying
under seal that a
document is a truecopy — an
additional fee of 26.70 26.70 8.00 (d) For a certificate
under the hand of
a registrar 52.50 52.50 15.75
2918 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 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 the provision of a transcript, or
part of atranscript —
(i) provided within 25.60 plus 25.60 plus 7.70 plus
1 day after the 10.55 per 21.10 per 3.15 per day on which page page page the fee is paid
(ii) provided within 2 days after the
25.60 plus
25.60 plus
7.70 plus
9.70 per 19.30 per 2.90 per
day on which page page page the fee is paid
(iii) provided within 4 days after the
25.60 plus
25.60 plus
7.70 plus
9.10 per 18.45 per 2.75 per
day on which page page page the fee is paid
(iv) provided within 7 days after the
25.60 plus
25.60 plus
7.70 plus
8.80 per 17.50 per 2.65 per
day on which page page page the fee is paid
(v) provided within 25.60 plus 25.60 plus 7.70 plus
14 days after 7.45 per 14.95 2.25 per the day on page per page page which the fee is paid
29 June 2021 GOVERNMENT GAZETTE, WA 2919 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 r. 26
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible or eligible individual entity
$ $ $
(vi) provided on a 25.60 plus 25.60 plus 7.70 plus
running basis 11.25 per 22.50 per 3.40 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 requestingthe copy —
(i) electronic 26.70 per 26.70 per 8.00 per format copy copy copy (ii) paper copy 2.65 per 2.65 per 0.80 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 176.00
2920 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Fee $
(b)
for conveying the person to a court or a custodial place and releasing the person from arrest or
custody 174.50 (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 46.20 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 98.00 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 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 2.45
29 June 2021 GOVERNMENT GAZETTE, WA 2921 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Supreme Court (Fees) Regulations 2002 amended Part 11 r. 26
Item Matter Fee $
(b) for each kilometre travelled (1 way) outside the
metropolitan area 2.75 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 92.00 5.
(a) For striking a jury and preparing a jury panel 297.00
(b) For attendance of sheriff’s officer at hearing (per The sum
day or part of a day) actually and reasonably
paid
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 or 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 including a will (if any) required for the grant and Court files; and (c) the issue of the grant.
2922 GOVERNMENT GAZETTE, WA 29 June 2021 Attorney General Regulations Amendment (Fees and Charges)
Regulations 2021
Part 11 Supreme Court (Fees) Regulations 2002 amended r. 26
Item Matter Fee $
2. For depositing a will of a deceased person in the
Registry (including renunciation of executor) 109.00 3. For depositing a will or instrument under the Wills
Act 1970 s. 44(1) 109.00 4.
(a) For the supply of copies of a will or other document, including marking as an office copy if
required — for each page 2.30
(b) For certifying under seal that a copy of a document is a true copy — an additional
fee of 26.70
5. (a) For an exemplification of a grant (in addition to
the fee payable under item 4(a)) 137.50 (b)
For settling and sealing a citation or a subpoena 137.50 6. For a search for and inspection of a document or file of
documents 55.50 V. MOLAN, Clerk of the Executive Council.
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