Attorney General Regulations Amendment (Fees) Regulations 2016 (WA)
!2016095GG!
| WESTERN | 1849 |
| AUSTRALIAN |
| GOVERNMENT |
ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041
1850 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Contents
Part 3 — Civil Judgments
Enforcement Regulations 2005
amended
11. Regulations amended
12. Schedule 1 amended
13. Schedule 2 amended
14. Schedule 3 amended
Part 4 — Coroners Regulations 1997
amended
15. Regulations amended
16. Regulation 3A amended
17. Regulations 22 and 23 replaced
22. Other fees 23A. Fee exemptions 23B. Who is an eligible individual 23C. Application to be recognised as eligible
individual23D. Recognition as eligible individual 23E. False or misleading statements 23. Refunds 23A. Waiving fee for copy of document or
transcript18. Schedule 3 replaced
Schedule 3 — Other fees
Part 5 — District Court (Fees)
Regulations 2002 amended
19. Regulations amended
20. Regulation 3 amended
21. Regulation 4 amended
22. Regulation 4A inserted
4A. Fees for small businesses and non-profit
associations23. Regulation 5 amended
24. Regulation 6 amended
25. Regulations 7 and 8 replaced
7.
Who is an eligible individual or eligible entity
8.
Application to be recognised as eligible individual or eligible entity
14 June 2016 GOVERNMENT GAZETTE, WA 1851 Attorney General Regulations Amendment (Fees) Regulations 2016
Contents
8A. Recognition as eligible individual or
eligible entity8B. False or misleading statements 8C. Refunds 8D. Waiving fee for copy of document or
transcript26. Regulation 11A amended
27. Schedule 1 replaced
Schedule 1 — Registry fees
28. Schedule 2 amended
29. Schedule 3 amended
Part 6 — Evidence (Video and Audio
Links Fees and Expenses)
Regulations 1999 amended
30. Regulations amended
31. Schedule 1 amended
Part 7 — Fines, Penalties and
Infringement Notices
Enforcement Regulations 1994
amended
32. Regulations amended
33. Schedule 2 amended
Part 8 — Magistrates Court (Fees)
Regulations 2005 amended
34. Regulations amended
35. Regulation 3 amended
36. Regulation 4 amended
37. Regulation 5A inserted
5A. Fees for small businesses and non-profit
associations38. Regulation 5 amended
39. Regulations 8 and 9 replaced
8.
Who is an eligible individual or eligible entity
9A. Application to be recognised as eligible
individual or eligible entity
1852 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Contents
9B. Recognition as eligible individual or
eligible entity9C. False or misleading statements 9D. Refunds 40. Schedule 1 replaced
Schedule 1 — Fees
Division 1 — General
Division 2 — Civil jurisdiction
Division 3 — Criminal jurisdiction41. Schedule 2 amended
Part 9 — State Administrative
Tribunal Regulations 2004 amen
ded
42. Regulations amended
43. Regulation 3 amended
44. Regulation 8 amended
45. Regulations 9A to 9F inserted
9A. Who is an eligible individual or eligible
entity9B. Application to be recognised as eligible
individual or eligible entity9C. Recognition as eligible individual or
eligible entity9D. False or misleading statements 9E. Refunds 9F. Waiving fee for copy of document or
transcript46. Regulation 9 amended
47. Regulation 10 amended
48. Regulation 11B amended
49. Regulation 11 amended
50. Schedule 20 replaced
Schedule 20 — Other fees
Part 10 — Supreme Court (Fees)
Regulations 2002 amended
51. Regulations amended
52. Regulation 3 amended
53. Regulation 4 amended
14 June 2016 GOVERNMENT GAZETTE, WA 1853 Attorney General Regulations Amendment (Fees) Regulations 2016
Contents
54. Regulation 4A inserted
4A. Fees for small businesses and non-profit
associations55. Regulation 5 amended
56. Regulation 6 amended
57. Regulations 7 and 8 replaced
7. Who is an eligible individual or eligible entity 8. Application to be recognised as eligible individual or eligible entity 8A. Recognition as eligible individual or
eligible entity8B. False or misleading statements 8C. Refunds 8D. Waiving fee for copy of document or
transcript58. Regulation 9 amended
59. Regulation 9A amended
60. Regulation 10 amended
61. Schedule 1 replaced
Schedule 1 — Fees
Division 1 — General Division fees
Division 2 — Court of Appeal fees62. Schedule 2 amended
63. Schedule 3 amended
64. Schedule 4 amended
14 June 2016 GOVERNMENT GAZETTE, WA 1855
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) Regulations 2016
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Attorney General Regulations
Amendment (Fees) Regulations 2016.
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 4 July 2016.
1856 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 3 Part 2 — Children’s Court (Fees)
Regulations 2005 amended
3. Regulations amended
This Part amends the Children’s Court (Fees) Regulations 2005.
4. Regulation 3 amended
(1) In regulation 3 delete the definition of Form. (2) In regulation 3 insert in alphabetical order: approved form means a form approved by the
President;
eligible individual means an individual referred to in
regulation 8(2);eligible individual fee, in relation to a matter specified in an item in Schedule 1, means the fee, if any, shown in column B for that item;
5. Regulation 4 amended
After regulation 4(1) insert:
(2A) In relation to a matter specified in an item in
Schedule 1 —
(a)
the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or
(b)
the fee payable by an eligible individual is the eligible individual fee for that item.
14 June 2016 GOVERNMENT GAZETTE, WA 1857 Attorney General Regulations Amendment (Fees) Regulations 2016
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 6
6. Regulation 5 replaced
Delete regulation 5 and insert:
5. Exemptions
A person is not required to pay a fee in respect of a
matter if —
(a) the matter is an application under the Restraining Orders Act 1997 for a violence restraining order or to vary or cancel a violence restraining order; or (b) the matter is an application under the Prohibited Behaviour Orders Act 2010 for a prohibited behaviour order or to vary or cancel a prohibited behaviour order; or (c) a written law provides that the person is not required to pay a fee in respect of a matter of that type; or (d) the person has not reached 18 years of age on the day the fee would otherwise be payable.
7. Regulations 8 and 9 replaced
Delete regulations 8 and 9 and insert:
8. Who is an eligible individual
(1) In this regulation — Centrelink means the Commonwealth agency known
as Centrelink.
1858 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 7
(2) An eligible individual is —
(a) an individual who holds one or more of the following cards issued by Centrelink — (i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or (b)
an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies
entitlement to Commonwealth health
concessions; or(c)
an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the Social Security Act 1991 (Commonwealth) section 23(1); or
(d)
an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e)
an individual who has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(f)
an individual who the Court or a registrar has directed is an eligible individual under regulation 9B(1)(b).
9A. Application to be recognised as eligible individual
(1) A person may apply for a direction under
regulation 9B(1) that the person is an eligible
14 June 2016 GOVERNMENT GAZETTE, WA 1859 Attorney General Regulations Amendment (Fees) Regulations 2016
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 7
individual in respect of a matter specified in
Schedule 1.
(2)
An application is to be in the approved form and is to specify the matter in respect of which the individual is seeking to pay the eligible individual fee.
(3) Despite anything else in these regulations, a fee is not
to be charged in respect of an application under
subregulation (1).
9B. Recognition as eligible individual
(1) The Court or a registrar may, on an application under
regulation 9A(1) —
(a) direct that a person is an eligible individual described in regulation 8(2)(a) to (e) in respect of the matter if satisfied that the person meets one or more of the requirements set out in those paragraphs; or (b) direct that a person is an eligible individual described in regulation 8(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons — (i) financial hardship;
(ii) the interests of justice.
(2) The Court or a registrar may, before an application is
determined, direct the applicant to provide to the
registrar or the Court further information relating to the
application.(3) A direction to provide further information —
(a) may be made in writing or orally; and (b)
may require that the information is provided either in writing or orally.
1860 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 7
9C. False or misleading statements
(1) A person who makes a statement or representation in
an application made under these regulations, or
provides further information in relation to an
application, that the person knows or has reason to
believe is false or misleading in a material particular
commits an offence.Penalty for this subregulation: a fine of $1 000. (2) The Court or a registrar may revoke a direction made
under regulation 9B(1) if satisfied, having given the
person an opportunity to make a written submission,
that the person has contravened subregulation (1).(3) If a direction is revoked under subregulation (2), the
Court or registrar may —
(a)
order that the person in respect of whom the direction was made pay the difference between the fee the person paid and the fee that would otherwise have been payable by the person; and
(b)
make an order to enforce the order for the payment.
(4)
An order under subregulation (3)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done
in respect of the matter until the sum ordered to be paid
has been paid.
9D. Refunds
(1) A judge or magistrate presiding in a proceeding may
order the refund of the difference between the amount
of a fee paid by a person in respect of the proceeding
and the amount of the fee that the person was entitled
to be charged under these regulations in respect of the
proceedings.
14 June 2016 GOVERNMENT GAZETTE, WA 1861 Attorney General Regulations Amendment (Fees) Regulations 2016
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 8
(2) A registrar may refund to a person the amount of a fee,
or part of a fee, paid by the person if the amount was
paid in error.9. Waiving fee for copy of document or transcript
The Court or a registrar may waive a fee referred to in
Schedule 1 Division 1 item 6(a) or 7 if the Court or
registrar is satisfied that the waiving of the fee would
assist in the efficient operation of the Court.
8. Regulation 10 amended
In regulation 10(2) delete “form of Form 2.” and insert:
approved form.
1862 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 9 9. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 4]
Division 1 — General
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
1. (a) for every order or conviction drawn up in the Court’s
criminal jurisdiction .................... 16.10 4.85 (b) issue of a duplicate document or
order ............................................ 16.10 4.85 2. For the service of any application,
summons, originating process, notice
or order of the Court or any other
process requiring service ..................... 70.50 70.50
NOTE
The fee is payable whether or not the service is successful and covers up to
3 attempts at service at the same address.
14 June 2016 GOVERNMENT GAZETTE, WA 1863 Attorney General Regulations Amendment (Fees) Regulations 2016
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 9
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
3. 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 enforcementIf it is necessary to travel to execute a Station —
(a) for each kilometre travelled (one way) in the metropolitan
area .............................................. 1.80 1.80
(b) for each kilometre travelled (one way) outside the
metropolitan area ......................... 2.00 2.00
NOTE enforcement officer at the same time on the same person or on different persons at the same address, only one allowance for kilometres is chargeable.
4.
(a)
for searching any record or proceeding other than a search by or on behalf of a party to the proceedings in the Court’s civil
jurisdiction ................................... 40.70 12.20
1864 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 9
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
(b) listening to or viewing any electronic recording that
requires supervision by an
officer of the Court, a search fee
of ................................................. 40.70 12.20
and in addition to the search fee, for
each hour of the officer’s time ............. 101.00 30.30
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 ....... 60.00 18.00 (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 his or her office ................... 91.00 27.30 6. (a) copies of documents or exhibits
for each page or part of a page .... 1.65 0.50 14 June 2016 GOVERNMENT GAZETTE, WA 1865 Attorney General Regulations Amendment (Fees) Regulations 2016
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 9
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
(b) for a copy of reasons for judgment —
(i) for each copy consisting of not more than 10 pages issued to a person not a party to the proceedings and for each copy in excess
of one copy issued to a
party to the proceedings ....... 14.15 4.30 (ii) for each copy consisting of
10 or more pages an
additional fee per page of .... 1.80 0.55
(c) for certifying that a document is
a true copy, an additional fee of .. 19.60 5.90
NOTE circumstances under regulation 6(4) exist.
7.
(a)
For a copy of a transcript, or part of a transcript —
(i) provided within one day after the day on which the
fee is paid; or ....................... 18.75 plus 5.60 plus
7.70 per page 2.30 per page (ii) provided within 4 days
after the day on which the
fee is paid; or ....................... 18.75 plus 5.60 plus
6.70 per page 2.00 per page
1866 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 9
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $ (iii) provided within 7 days
after the day on which the
fee is paid ............................. 18.75 plus 5.60 plus
6.45 per page 1.95 per page
(b) transcript, or part of the
For an additional copy of the paragraph (a)
(i) in electronic format .............. 19.60 5.90
(ii) paper copy ........................... 1.90 per page 0.55 per page
NOTE 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 ......... 117.00 35.10 2. On the execution of an arrest warrant of any kind —
(a) for arresting the person ............... 128.00 128.00
14 June 2016 GOVERNMENT GAZETTE, WA 1867 Attorney General Regulations Amendment (Fees) Regulations 2016
Children’s Court (Fees) Regulations 2005 amended Part 2
r. 9
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 .................................... 128.00 128.00 (c) for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is required to keep the person in custody
until the person is conveyed to
a court or a custodial place ......... 33.90 33.90
NOTE 1
The fee under paragraph (a) is payable whether or not the Sheriff’s functions
under the warrant are performed and includes up to 3 attempts to perform the
functions at the same address.
NOTE 2The fee under paragraph (a) includes —
(a) receipt of the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report.
3. For an application for an
extraordinary drivers licence ............... 193.00 60.50
1868 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 2 Children’s Court (Fees) Regulations 2005 amended r. 10 Division 3 — Criminal jurisdiction
Item Matter Column A Column B
Fee for Fee for
individual eligible individual
$ $
1. On filing —
(a) a prosecution notice ................... 98.50 29. 40
(b) an application under the Criminal Procedure Act 2004
section 71 ................................... 98.50 29.40 2. For the issue of a summons or court
hearing notice to an accused .............. 18.80 5.60 3. For a warrant of any kind —
(a) issue of it .................................... 98.50 29.40 (b) execution of it ............................ 128.00 128.00
10. Schedule 2 deleted
Delete Schedule 2.
14 June 2016 GOVERNMENT GAZETTE, WA 1869 Attorney General Regulations Amendment (Fees) Regulations 2016
Civil Judgments Enforcement Regulations 2005 amended Part 3
r. 11
Part 3 — Civil Judgments Enforcement
Regulations 2005 amended
11. Regulations amended
This Part amends the Civil Judgments Enforcement
Regulations 2005.
12. Schedule 1 amended
Amend Schedule 1 item 1 as set out in the Table.
Table
Delete Insert
88.50 98.50 133.00 148.00 143.50 159.50 216.00 240.00 13. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 2 it. 1(a) 44.90 49.90 Sch. 2 it. 1(b) 63.50 70.50 Sch. 2 it. 1(c) 31.00 34.40 Sch. 2 it. 2 144.00 160.00
1870 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 3 Civil Judgments Enforcement Regulations 2005. r. 13
Item Delete Insert
Sch. 2 it. 3 115.00 128.00 Sch. 2 it. 4 61.00 68.00 Sch. 2 it. 5 6.65 7.40 Sch. 2 it. 6(a) 1.60 1.80 Sch. 2 it. 6(b) 1.80 2.00 Sch. 2 it. 7 606.00 673.00 Sch. 2 it. 8 96.50 107.00 $316 $351 Sch. 2 it. 10
Note 1Sch. 2 it. 11(a) 115.00 128.00 Sch. 2 it. 11(b) 115.00 128.00 Sch. 2 it. 11(c) 30.50 33.90 Sch. 2 it. 12 30.50 33.90 Sch. 2 it. 18 14.50 16.10 Sch. 2 it. 19(a) 1.50 1.65 Sch. 2 it. 19(b) 17.65 19.50
14 June 2016 GOVERNMENT GAZETTE, WA 1871 Attorney General Regulations Amendment (Fees) Regulations 2016
Civil Judgments Enforcement Regulations 2005. Part 3
r. 14
14. Schedule 3 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 3 it. 1 102.00 113.50 Sch. 3 it. 2 40.70 45.20 Sch. 3 it. 3 96.50 107.00 Sch. 3 it. 4 239.00 266.00 Sch. 3 it. 5 291.00 323.00 Sch. 3 it. 6 96.50 107.00 Sch. 3 it. 7 61.50 68.50 Sch. 3 it. 8 61.50 68.50 Sch. 3 it. 9 206.00 229.00 Sch. 3 it. 10 96.50 107.00 Sch. 3 it. 12(b) 61.00 68.00
1872 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 4 Coroners Regulations 1997 amended r. 15
Part 4 — Coroners Regulations 1997 amended
15. Regulations amended
This Part amends the Coroners Regulations 1997.
16. Regulation 3A amended
In regulation 3A insert in alphabetical order:
eligible individual means an individual referred to in
regulation 23B(2);eligible individual fee, in relation to a matter specified in an
item in Schedule 3, means the fee, if any, shown in column B
for that item;
17. Regulations 22 and 23 replaced
Delete regulations 22 and 23 and insert:
22. Other fees
(1) The fees set out in Schedule 3 are payable in respect of
the matters specified in that Schedule.(2) In relation to a matter specified in an item in
Schedule 3 —
(a)
the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or
(b)
the fee payable by an eligible individual is the eligible individual fee for that item.
14 June 2016 GOVERNMENT GAZETTE, WA 1873 Attorney General Regulations Amendment (Fees) Regulations 2016
Coroners Regulations 1997 amended Part 4
r. 17
23A. Fee exemptions A person is not required to pay a fee in respect of a
matter if —
(a)
a written law provides that the person is not required to pay a fee in respect of a matter of that type; or
(b)
the person has not reached 18 years of age on the day the fee would otherwise be payable.
23B. Who is an eligible individual
(1) In this regulation — Centrelink means the Commonwealth agency known
as Centrelink.(2) An eligible individual is —
(a) an individual who holds one or more of the following cards issued by Centrelink — (i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or (b)
an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies
entitlement to Commonwealth health
concessions; or(c)
an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the Social Security Act 1991 (Commonwealth) section 23(1); or
1874 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 4 Coroners Regulations 1997 amended r. 17
(d)
an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e)
an individual who has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(f)
an individual who a coroner or a coroner’s registrar has directed is an eligible individual under regulation 23D(1)(b).
23C. Application to be recognised as eligible individual
(1) A person may apply for a direction under
regulation 23D(1) that the person is an eligible
individual in respect of a matter specified in
Schedule 3.(2)
An application is to be in the approved form and is to specify the matter in respect of which the individual is seeking to pay the eligible individual fee.
(3) Despite anything else in these regulations, a fee is not
to be charged in respect of an application under
subregulation (1).
23D. Recognition as eligible individual
(1) A coroner or a coroner’s registrar may, on an
application under regulation 23C(1) —
(a)
direct that a person is an eligible individual described in regulation 23B(2)(a) to (e) in respect of the matter if satisfied that the person meets one or more of the requirements set out in those paragraphs; or
14 June 2016 GOVERNMENT GAZETTE, WA 1875 Attorney General Regulations Amendment (Fees) Regulations 2016
Coroners Regulations 1997 amended Part 4
r. 17
(b) direct that a person is an eligible individual described in regulation 23B(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons —
(i) financial hardship;
(ii) the interests of justice.
(2)
A coroner or a coroner’s registrar may, before an application is determined, direct the applicant to provide to the coroner or the registrar further
information relating to the application. (3) A direction to provide further information —
(a) may be made in writing or orally; and (b)
may require that the information is provided either in writing or orally.
23E. False or misleading statements
(1) A person who makes a statement or representation in
an application made under these regulations, or
provides further information in relation to an
application, that the person knows or has reason to
believe is false or misleading in a material particular
commits an offence.Penalty for this subregulation: a fine of $1 000. (2) A coroner or a coroner’s registrar may revoke a
direction made under regulation 23D(1) if satisfied,
having given the person an opportunity to make a
written submission, that the person has contravened
subregulation (1).
1876 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 4 Coroners Regulations 1997 amended r. 17
(3) If a direction is revoked under subregulation (2), the
coroner or coroner’s registrar may —
(a)
order that the person in respect of whom the direction was made pay the difference between the fee the person paid and the fee that would otherwise have been payable by the person; and
(b)
make an order to enforce the order for the payment.
(4) An order under subregulation (3)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done in respect of the matter until the sum ordered to be paid
has been paid.23. Refunds
(1) A coroner or a coroner’s registrar presiding in a
proceeding may order the refund of the difference
between the amount of a fee paid by a person in respect
of the proceeding and the amount of the fee that the
person was entitled to be charged under these
regulations in respect of the proceedings.(2) A coroner’s registrar may direct the refund to a person
of the amount of a fee, or part of a fee, paid by the
person if the amount was paid in error.
23A. Waiving fee for copy of document or transcript The Court or a registrar may waive a fee referred to in
Schedule 3 item 1 or 4 if the Court or registrar is
satisfied that the waiving of the fee would assist in the
efficient operation of the Court.
14 June 2016 GOVERNMENT GAZETTE, WA 1877 Attorney General Regulations Amendment (Fees) Regulations 2016
Coroners Regulations 1997 amended Part 4
r. 18
18. Schedule 3 replaced
Delete Schedule 3 and insert:
Schedule 3 — Other fees
[r. 22]
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
1. Copy of document or exhibit,
for each page or part of a page 1.65 0. 50 2. Copy of record of investigation into a death —
(a) for one copy on the request of a person who is an
interested person under
regulation 17(a) or (b) Nil Nil
(b) for each additional copy on the request of a person who is an interested person under regulation 17(a) or
(b), for each page or part of
a page 1.40 0.45 (c) for each copy on the request of any other person, for each page or
part of a page 1.40 0.45 3. Certifying under seal that a
document is a true copy 19.60 5.90
1878 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 4 Coroners Regulations 1997 amended r. 18
Item Matter Column A Column B
Fee for Fee for individual eligible individual
$ $
4. Copy of transcript or notes of evidence, for each page or part of a page —
(a) provided within one day
after the day on which 18.75 plus 5.60 plus
the fee is paid; or 7.70 per page 2.30 per page (b) provided within 4 days
after the day on which 18.75 plus 5.60 plus
the fee is paid; or 6.70 per page 2.00 per page (c) provided within 7 days
after the day on which 18.75 plus 5.60 plus
the fee is paid 6.45 per page 1.95 per page 5. Copy of transcript or notes of
evidence in electronic format if a fee has been paid under item 4 by the applicant for a copy of
the transcript or notes of evidence, for each day of transcript or notes of evidence 19.60 5.90 6. Copy of transcript or notes of
evidence not in electronic
format if a fee has been paid
under item 4 by the applicant for a copy of the transcript or notes of evidence, for each page or
part of a page 1.90 0.55
14 June 2016 GOVERNMENT GAZETTE, WA 1879 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 19
Part 5 — District Court (Fees)
Regulations 2002 amended
19. Regulations amended
This Part amends the District Court (Fees) Regulations 2002.
20. Regulation 3 amended
(1) In regulation 3 insert in alphabetical order: eligible entity means an entity referred to in
regulation 7(3);
eligible entity fee, in relation to a matter specified in an
item in Schedule 1, means the fee shown in column Afor that item;
eligible individual means an individual referred to in
regulation 7(2);eligible individual fee, in relation to a matter specified in an item in Schedule 1, means the fee, if any, shown in column C for that item;
entity does not include an individual;
person means an individual or an entity;
(2) In regulation 3 in the definition of small business:
(a) delete paragraph (b) and insert:
(b)
a business undertaking that is wholly owned and operated by an individual or individuals in partnership and has less than 20 full-time equivalent employees or partners;
1880 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 21
(b) delete paragraph (d) and insert:
(d) a co-operative as defined in the Co-operatives Act 2009 that has less than 20 full-time equivalent employees and that is not a subsidiary of another co-operative or corporation that has 20 or more full-time equivalent employees;
21. Regulation 4 amended
(1) Delete regulation 4(2) and insert:
(2) In relation to a matter specified in an item in
Schedule 1 —
(a)
the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or
(b)
the fee payable by an eligible individual is the eligible individual fee for that item; or
(c)
the fee payable by an entity that is not an eligible entity is the fee shown in column B for that item; or
(d)
the fee payable by an eligible entity is the eligible entity fee for that item.
(2) Delete regulation 4(6) to (12).
14 June 2016 GOVERNMENT GAZETTE, WA 1881 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 22
22. Regulation 4A inserted
After regulation 4 insert:
4A. Fees for small businesses and non-profit
associations
(1) An entity that is a small business or a non-profit
association may lodge a declaration in the form of
Schedule 3 Form 1.(2) On the lodgment of a declaration the entity is to be
charged fees as if it were an eligible entity.(3)
Subregulation (2) does not apply to fees payable by joint parties unless each party is a small business or non-profit association.
(4) An entity that has lodged a declaration under
subregulation (1) must immediately advise the
Principal Registrar if the entity ceases to be a small
business or non-profit association as the case requires.Penalty for this subregulation: a fine of $1 000. (5) If an entity is charged a fee under subregulation (2)
when the entity was not a small business or a non-profit
association, the Court may —
(a)
order that the entity pay the difference between the amount of the fee the entity paid and the amount of the fee that would otherwise have been payable by the entity; and
(b)
make orders to enforce the order for the payment.
(6) An order under subregulation (5)(b) may include orders
relating to the future conduct of the proceedings to
which the fees relate or the effect of anything that has
1882 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 23 been done in respect of the proceedings until the sum
ordered to be paid has been paid.23. Regulation 5 amended
(1) In regulation 5 delete “The” and insert: (1) The (2) At the end of regulation 5 insert:
(2) A person is not required to pay a fee in respect of a
matter if —
(a) a written law provides that the person is not required to pay a fee in respect of a matter of that type; or (b) the person has not reached 18 years of age on the day the fee would otherwise be payable.
24. Regulation 6 amended
(1) In regulation 6 delete “Subject” and insert: (1) Subject (2) At the end of regulation 6 insert:
(2)
The Court or a registrar may direct that the payment of the whole or a part of a fee or fees in respect of a claim for personal injuries be deferred —
(a) to a time specified by the Court or registrar; and
14 June 2016 GOVERNMENT GAZETTE, WA 1883 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 25
(b) on any conditions specified by the Court or registrar. 25. Regulations 7 and 8 replaced
Delete regulations 7 and 8 and insert:
7. Who is an eligible individual or eligible entity
(1) In this regulation — Centrelink means the Commonwealth agency known
as Centrelink.(2) An eligible individual is —
(a) an individual who holds one or more of the following cards issued by Centrelink — (i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or (b)
an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies
entitlement to Commonwealth health
concessions; or(c)
an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the Social Security Act 1991 (Commonwealth) section 23(1); or
(d)
an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
1884 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 25
(e)
an individual who has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(f)
an individual who the Court or a registrar has directed is an eligible individual under regulation 8A(1)(b).
(3) An eligible entity is —
(a) an entity that has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(b) an entity that the Court or a registrar has directed is an eligible entity under regulation 8A(2)(b).
8. Application to be recognised as eligible individual or eligible entity
(1) A person may apply for —
(a)
a direction under regulation 8A(1) that the person is an eligible individual in respect of a matter referred to in Schedule 1; or
(b)
a direction under regulation 8A(2) that the person is an eligible entity in respect of a matter referred to in Schedule 1.
14 June 2016 GOVERNMENT GAZETTE, WA 1885 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 25
(2) An application is to be in the form of Schedule 3
Form 2 and is to specify —
(a)
for an individual — the item or the matter in respect of which the individual is seeking to pay the eligible individual fee; or
(b)
for an entity — the item or the matter in respect of which the entity is seeking to pay the eligible entity fee.
(3) Despite anything else in these regulations, a fee is not
to be charged in respect of an application under
subregulation (1).
8A. Recognition as eligible individual or eligible entity
(1) The Court or a registrar may, on an application under
regulation 8(1)(a) —
(a) direct that a person is an eligible individual described in regulation 7(2)(a) to (e) in respect of the matter if satisfied that the person meets one or more of the requirements set out in those paragraphs; or (b) direct that a person is an eligible individual described in regulation 7(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons — (i) financial hardship;
(ii) the interests of justice.
(2) The Court or a registrar may, on an application under
regulation 8(1)(b) —
(a)
direct that a person is an eligible entity described in regulation 7(3)(a) in respect of the matter if satisfied that the person meets the requirements set out in that paragraph; or
1886 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 25
(b) direct that a person is an eligible entity described in regulation 7(3)(b) if satisfied that the person should be required to pay only the eligible entity fee in respect of the matter for either, or both, of the following reasons — (i) financial hardship;
(ii) the interests of justice.
(3) A judge or a registrar may, before an application is
determined, direct the applicant to provide to the judge,
the registrar or the Court further information relating to
the application.(4) A direction to provide further information —
(a) may be made in writing or orally; and (b)
may require that the information is provided either in writing or orally.
8B. False or misleading statements
(1)
A person who makes a statement or representation in a declaration or application made under these regulations or provides further information in relation to a
declaration or application, that the person knows or has
reason to believe is false or misleading in a material
particular commits an offence.Penalty for this subregulation: a fine of $1 000. (2) The Court or a registrar may make an order that the
declaration lodged by a person under regulation 4A(1)
is invalid if satisfied, having given the person an
opportunity to make a written submission, that the
person has contravened subregulation (1).(3) The Court or a registrar may revoke a direction made
under regulation 8A(1) or (2) if satisfied, having given
the person an opportunity to make a written
submission, that the person has contravened
subregulation (1).
14 June 2016 GOVERNMENT GAZETTE, WA 1887 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 25
(4) If a declaration is declared invalid under
subregulation (2) or a direction is revoked under
subregulation (3), the Court may —
(a)
order that the person in respect of whom the declaration or direction was made pay the difference between the fee the person paid and the fee that would otherwise be payable by the person; and
(b)
make an order to enforce the order for the payment.
(5) An order under subregulation (4)(b) may include orders
relating to the future conduct of the proceedings to
which the fees relate or the effect of anything that has
been done in respect of the proceedings until the sum
ordered to be paid has been paid.
8C. Refunds
(1) A judicial officer or legally qualified registrar presiding
in a proceeding may order the refund of the difference
between the amount of a fee paid by a person in respect
of the proceeding and the amount of the fee that the
person was entitled to be charged under these
regulations in respect of the proceedings.(2) The Principal Registrar may refund to a person the
amount of a fee, or part of a fee, paid by the person if
the amount was paid in error.
8D. Waiving fee for copy of document or transcript The Court or a registrar may waive a fee referred to in Schedule 1 item 15(a) or 16 if the Court or registrar is satisfied that the waiving of the fee would assist in the efficient operation of the Court.
1888 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 26 26. Regulation 11A amended
(1) In regulation 11A(1) delete “11A —” and insert: 13 — (2) In regulation 11A(3) delete “11A(a)” and insert: 13(a) (3) In regulation 11A(3) delete “11A(b).” and insert: 13(b).
14 June 2016 GOVERNMENT GAZETTE, WA 1889 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 27
27. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Registry fees
[r. 4]
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
1. On filing any originating process by which a cause, matter or other proceeding in the court is
commenced, other than proceedings of the kind referred to in item 2, 3, 4,
5 or 9 802.00 1 565.00 100.00 2. On filing an application
for an extraordinary
licence under the Road
Traffic (Authorisation to
Drive) Act 2008 section 27 193.00 N/A 58.00 3. On filing an application for an order made under the Spent Convictions
Act 1988 section 6(1) 117.00 N/A 35.10 4. On filing —
(a) a counterclaim 802.00 1 565.00 100.00 (b) a third party notice 802.00 1 565.00 100.00
1890 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 27 Item
Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(c) (i) to extend a period
an application —
of time fixed by
law, including an
application to
extend time before
proceedings are
commenced(ii) to limit a period of time within which proceedings may
be taken
(iii) for leave to serve a writ or notice of a writ out of
jurisdiction 302.00 520.00 90.50
(d) an application for
leave to appeal 0.00 0.00 0.00 (e)
any other application for which no fee has been provided in this Schedule 302.00 520.00 90.50 5. On filing —
(a) an appeal notice 454.00 1 175.00 100.00
(b) for each additional half day allocated for
the hearing of the
appeal 352.00 917.00 100.00
14 June 2016 GOVERNMENT GAZETTE, WA 1891 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 27
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 1:
The fee in item 5(a) includes any directions hearings and the first half day allocated by the District Court for the hearing of the appeal.
Note 2:
The fee in item 5(b) is payable for each half day, allocated by the District hearing.
Note 3:
Under the District Court Rules 2005 rule 56A, if the fee payable under item 5(b) is not paid or waived within 14 days after the date on which the hearing date is set, the appeal may be dismissed for want of prosecution.
6. Entry for hearing a cause
or matter (including the
assessment of damages in
an action for personal injury) or notice of an appointment to hear an originating summons 802.00 1 565.00 100.00 Note:
This item does not apply to entering an appeal for hearing.7. Allocation of hearing date,
for each day allocated 704.00 1 833.00 100.00 Note 1:
See regulation 10.
1892 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 27 Item
Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 2:
This item does not apply to the allocation of a hearing date for an appeal.8. Daily hearing fee before a
court constituted by a
judge 704.00 1 833.00 100.00 Note 1:
No fee is payable if the proceedings are of an interlocutory nature only.Note 2: The fee to be charged is to be paid in respect of any number of hearing days greater than the number of hearing days for which a fee has been paid under item 5 or 7.
Note 3: This fee is payable for each additional day or part day that a hearing proceeds beyond the date or dates allocated in item 5 or 7.
Note 4: If the Court only allocates a half day or less for the continuation of the hearing then a fee equal to half the prescribed amount is payable for that period.
Note 5: The daily fee becomes payable on a day to day basis and is payable prior to the daily reconvening of the hearing.
14 June 2016 GOVERNMENT GAZETTE, WA 1893 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 27
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
9. On filing, before a judge or registrar in chambers —
(a) an interlocutory application or
summons or motion
returnable 201.00 392.00 60.50
(b) an application for assessment of
damages other than
in an action for
personal injury 201.00 392.00 60.50 (c) an application for
summary judgment 201.00 392.00 60.50 Note 1: This fee includes the first day of hearing of the application or summons and includes any adjournment of the hearing.
Note 2:
This fee is payable in respect of any application exercising liberty to apply to relist.
10. If the hearing of a matter to which item 8 applies is listed for more than one
day and proceeds for more
than the number of days
listed, the fee prescribed
in item 9 is payable for
each additional day or part
day of hearing.
1894 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 27 Item
Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note:
The daily fee becomes payable on a day to day basis and is payable prior to the daily reconvening of the hearing.
11. a bill of costs in a cause or
matter or under theOn an appointment to tax Act 2012 —
(a) lodgment fee 201.00 392.00 60.50
(b) in addition to the
lodgment fee, a taxing fee at the rate of
2.5%
2.5%
0.0%
Note 1:
The % rate is to be applied to the amount at which the bill is drawn.
Note 2:
The taxing officer must allow, against the person chargeable with the costs as taxed, taxing fees at the rate indicated in item 11(b) of the amount found to be due on taxation.
14 June 2016 GOVERNMENT GAZETTE, WA 1895 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 27
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note 3:
If the parties agree on the bill of costs in a cause or matter or under the Commercial Arbitration Act 2012 and the appointment is cancelled, the following percentage of the fee paid is to be refunded —
(a) if the appointment is cancelled less than 3 days before the day of the appointment, nil; (b) if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%; (c) if the appointment is cancelled 10 or more days before the day of the appointment, 80%. 12. For searching any record
or proceeding 40.70 40.70 12.20 Note:
No fee is payable under item 12 for a search made —
(a) by or on behalf of a party to the proceedings; or (b) by an approved recipient of searchable information provided to it under regulation 11A. 13. For provision of
searchable information to
approved recipients under
regulation 11A —
(a) fee per action or matter provided to
recipient 1.80 1.80 0.55
(b) annual fee for
information provided by email to approved recipient
1 845.00
1 845.00
100.00
1896 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 27 Item
Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
Note:
The fee under item 13(b) is payable on the date on which the recipient is approved by the Attorney General and on each anniversary of that date.
14. (a) On an application for the production of records or documents that are required to be produced to any court, tribunal,
arbitrator or umpire 60.00 60.00 18.00 (b) if an officer is required to attend at any court or place out of the District Court building, the
officer’s reasonable expenses and, in addition for each hour when the
officer is necessarily absent from his or
her office 91.00 91.00 27.30 15. (a) For a copy of a document of any kind or an exhibit, including marking as an office copy if required, for each
page or part thereof 1.65 1.65 0.50 14 June 2016 GOVERNMENT GAZETTE, WA 1897 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 27
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(b) for a copy of reasons for judgment — (i) for each copy consisting of not
more than 10 pages
issued to a person not a party to the proceedings and for each copy in excess of one copy
issued to a party to
the proceedings 14.15 14.15 4.20 (ii) for each copy consisting of 10 or
more pages an
additional fee per
page of 1.80 1.80 0.55
(c) for certifying under seal that a document is a true copy, an
additional fee of 19.60 19.60 5.90 (d) for a certificate under the hand of a
registrar 38.50 38.50 11.60
1898 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 27 Item
Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
16. (a) For a copy of a a transcript —
(i) provided within one day after the day on which the fee is paid
18.75 plus
18.75 plus
5.60 plus
7.70 per 15.45 per 2.30 per page page page (ii) provided within 4 days after the day on which the fee is paid
18.75 plus
18.75 plus
5.60 plus
6.70 per 13.45 per 2.00 per page page page (iii) provided within
7 days after the day on which the fee is paid
18.75 plus
18.75 plus
5.60 plus
6.45 per 12.85 per 1.95 per page page page
(b) for an additional
copy of the
transcript, or part of
the transcript,
provided under
paragraph (a) —
(i) in electronic format 19.60 per 19.60 per 5.90 per
copy copy copy
14 June 2016 GOVERNMENT GAZETTE, WA 1899 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 28
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual entity eligible
or eligible individual entity
$ $ $
(ii) paper copy 1.90 per 1.90 per 0.55 per page page page
28. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 2 it. 1(a) 115.00 128.00 Sch. 2 it. 1(b) 115.00 128.00 Sch. 2 it. 1(c) 30.50 33.90 Sch. 2 it. 2 63.30 70.50 Sch. 2 it. 3(a) 1.60 1.80 Sch. 2 it. 3(b) 1.80 2.00 Sch. 2 it. 4 61.00 68.00 Sch. 2 it. 5 195.00 217.00
1900 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 29 29. Schedule 3 amended
(1) Delete the reference after the heading to Schedule 3 and insert: [r. 4A(1) and 8(2)] (2) In Schedule 3 Form 1 delete the Note and insert: Note: A person who makes a statement or representation in this application that the person knows or has reason to believe is false or misleading in a material particular commits an offence under the District Court (Fees) Regulations 2002 regulation 8B(1).
1 Under the District Court (Fees) Regulations 2002 regulation 3 a small business is —
a business undertaking that is wholly owned and operated by an individual or individuals in
partnership and has less than 20 full-time equivalent employees and partners;
a corporation that has less than 20 full-time equivalent employees and that is not a
subsidiary of a corporation that has 20 or more full-time equivalent employees;
a co-operative as defined in the Co-operatives Act 2009 that has less than 20 full-time
equivalent employees and that is not a subsidiary of another co-operative or corporation
that has 20 or more full-time equivalent employees; ora corporation within the meaning of the Statutory Corporations (Liability of Directors) Act 1996 that has less than 20 full-time equivalent employees and that is not a body that would be a subsidiary, if the corporation were a corporation to which the Corporations Act 2001 (Commonwealth) applies, of a corporation within the meaning of the Corporations
Act 2001 (Commonwealth) or the Statutory Corporations (Liability of Directors) Act 1996 that has 20 or more full-time equivalent employees.
2 Under the District Court (Fees) Regulations 2002 regulation 3 a non-profit association is
a society, club, institution, or body that is not for the purpose of trading or securing
pecuniary profit for its members from its transactions.
(3) Delete Schedule 3 Form 2 and insert: Form 2
Application to reduce fee
In the District Court of Western No. of 2 Australia
14 June 2016 GOVERNMENT GAZETTE, WA 1901 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 29
Plaintiff/Appellant*:
(*strike out word that is not applicable)
Defendant/Respondent*:
(*strike out word that is not applicable)
Fee type for which request is made:
❑ Application ❑ Hearing fee ❑ Transcription ❑ Other (please
fee fee describe
below)
Concession Card Holder: Pension Concession ❑ Yes ❑ No Card No: Health Care Card
No:Grant of Legal Aid under a legal aid scheme or service
❑ Yes ❑ No Full Name:
Please indicate your party type:
Applicant Details: ❑ Individual ❑ Entity Address: Date of
Birth:If you are applying for a fee reduction because of financial hardship or in the interests of justice, please give supporting reasons for your request (attach a separate page if required). If the reasons include financial hardship you must complete the information on the following pages.
I certify that the above information and disclosures in this form are true and correct.
1902 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 29
Applicant’s Signature Dated:
*Note: A person who makes a statement or representation in this
application that the person knows or has reason to believe is false or
misleading in a material particular commits an offence under theDistrict Court (Fees) Regulations 2002 regulation 8B(1).
COURT SEAL
FINANCIAL DETAILS: APPLICANT WHO IS AN
INDIVIDUALIf the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an individual.
Occupation:
Employer:
Employer’s Address:
Marital Status: ❑ single ❑ married ❑ partner ❑ de facto ❑ separated Dependants: ❑ dependant wife/husband/partner/de facto ____ (number of) dependant children
INCOME AND FINANCIAL ASSETS DETAILS
Income / financial assets Self Partner Total (net) Wage / salary / benefit $ $ $ Money in financial institution $ $ $ Cash $ $ $ Income from investments $ $ $
14 June 2016 GOVERNMENT GAZETTE, WA 1903 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 29
Other income $ $ $ Money loaned and to be repaid $ $ $ Total $ $ $ EXPENDITURE DETAILS Expenditure Self Partner Total Rent / board $ $ $ Mortgage payment $ $ $ Maintenance for dependants $ $ $ Food $ $ $ Utilities (gas / electricity) $ $ $ Telephone $ $ $ Water $ $ $ Rates and taxes $ $ $ Court orders $ $ $ Credit card/s $ $ $ Other debts (provide details) ______________________ $ $ $ Total $ $ $
TOTAL TOTAL
INCOME $ EXPENDITURE $ ASSETS VALUE House or other property (provide addresses)
$
1904 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 5 District Court (Fees) Regulations 2002 amended r. 29
Motor Vehicles 1 Year: (car, utility, motorcycle, truck Make: etc.) Model:
Registration Number: $ 2 Year: Make: Model:
Registration Number: $ Other assets (provide details)
$
TOTAL ASSET VALUE $ HOME CONTENTS (please complete appropriate box where applicable)
Television DVD player Computers Other Dishwasher Micro electronic wave devices $ $ $ $ $ $ ______
Furniture Collection of Other Other assets Interests in coins, stamps collectables business or etc. company $ $ $ $ $ LIABILITIES TOTAL Mortgage to: $ Other to: $
14 June 2016 GOVERNMENT GAZETTE, WA 1905 Attorney General Regulations Amendment (Fees) Regulations 2016
District Court (Fees) Regulations 2002 amended Part 5
r. 29
Time to Pay Order: $ TOTAL LIABILITIES $ FINANCIAL DETAIL: APPLICANT WHO IS NOT AN
INDIVIDUALIf the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an entity.
Income $ Assets $ Liabilities $ TOTAL $
1906 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 6 Evidence (Video and Audio Links Fees and Expenses)
Regulations 1999 amendedr. 30 Part 6 — Evidence (Video and Audio Links Fees and
Expenses) Regulations 1999 amended
30. Regulations amended
This Part amends the Evidence (Video and Audio Links Fees
and Expenses) Regulations 1999.
31. Schedule 1 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert Sch. 1 it. 1(a) $97.00 $108.00 Sch. 1 it. 1(b) $144.50 $160.50 Sch. 1 it. 2 $76.00 $84.50
14 June 2016 GOVERNMENT GAZETTE, WA 1907 Attorney General Regulations Amendment (Fees) Regulations 2016
Fines, Penalties and Infringement Notices Enforcement Part 7 Regulations 1994 amended
r. 32
Part 7 — Fines, Penalties and Infringement Notices
Enforcement Regulations 1994 amended
32. Regulations amended
This Part amends the Fines, Penalties and Infringement Notices
Enforcement Regulations 1994.
33. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Provision Delete Insert Sch. 2 Div. 1 it. 1 $16.40 $18.20 Sch. 2 Div. 1 it. 2 $13.95 $15.50 Sch. 2 Div. 1 it. 3 $52.00 $58.00 Sch. 2 Div. 1 it. 4 $34.60 $38.40 Sch. 2 Div. 1 it. 5 $163.00 $181.00 Sch. 2 Div. 2 it. 1 $34.60 $38.40 Sch. 2 Div. 2 it. 2 $163.00 $181.00 Sch. 2 Div. 3 it. 1 $72.00 $80.00 Sch. 2 Div. 3 it. 3 $48.60 $54.00 Sch. 2 Div. 3 it. 4 $52.00 $58.00 Sch. 2 Div. 3 it. 5 $34.60 $38.40 Sch. 2 Div. 3 it. 8 $171.50 $190.50
1908 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 7 Fines, Penalties and Infringement Notices Enforcement
Regulations 1994 amendedr. 33
Provision Delete Insert Sch. 2 Div. 3 it. 10 $77.50 $86.00 Sch. 2 Div. 3 it. 11 $171.50 $190.50 Sch. 2 Div. 3 it. 12 $24.60 $27.30
14 June 2016 GOVERNMENT GAZETTE, WA 1909 Attorney General Regulations Amendment (Fees) Regulations 2016
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 34
Part 8 — Magistrates Court (Fees)
Regulations 2005 amended
34. Regulations amended
This Part amends the Magistrates Court (Fees)
Regulations 2005.
35. Regulation 3 amended
(1) In regulation 3 insert in alphabetical order: eligible entity means an entity referred to in
regulation 8(3);
eligible entity fee, in relation to a matter specified in an
item in Schedule 1, means the fee shown in column Afor that item;
eligible individual means an individual referred to in
regulation 8(2);
eligible individual fee, in relation to a matter specified
in an item in Schedule 1 means the fee shown incolumn C for that item;
entity does not include an individual;
person means an individual or an entity;
(2) In regulation 3 in the definition of small business delete
paragraphs (b) and (c) and insert:
(b)
a business undertaking that is wholly owned and operated by an individual or individuals in partnership and has less than 20 full-time equivalent employees or partners;
(c)
a co-operative as defined in the Co-operatives Act 2009 that has less than 20 full-time
1910 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 36 equivalent employees and that is not a
subsidiary of another co-operative or
corporation that has 20 or more full-time
equivalent employees;
36. Regulation 4 amended
(1) Delete regulation 4(2) and insert:
(2) In relation to a matter specified in an item in
Schedule 1 Division 1 or Division 3 —
(a)
the fee payable by an individual who is not an eligible individual — is the fee shown in column A for that item; or
(b)
the fee payable by an eligible individual — is the eligible individual fee for that item; or
(c)
the fee payable by an entity that is not an eligible entity — is the fee shown in column B for that item; or
(d)
the fee payable by an eligible entity — is the eligible entity fee for that item.
(2) Delete regulation 4(6) to (12). Note: The heading to amended regulation 4 is to read: General fees
14 June 2016 GOVERNMENT GAZETTE, WA 1911 Attorney General Regulations Amendment (Fees) Regulations 2016
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 37
37. Regulation 5A inserted
After regulation 4 insert:
5A. Fees for small businesses and non-profit
associations
(1) An entity that is a small business or a non-profit
association may lodge a declaration in the form of
Schedule 2 Form 1.(2) On the lodgment of a declaration the entity is to be
charged fees as if it were an eligible entity.(3)
Subregulation (2) does not apply to fees payable by joint parties unless each party is a small business or non-profit association.
(4) An entity that has lodged a declaration under
subregulation (1) must immediately advise the
Principal Registrar if the entity ceases to be a small
business or non-profit association as the case requires.Penalty for this subregulation: a fine of $1 000. (5) If an entity is charged a fee under subregulation (2)
when the entity was not a small business or a non-profit
association, the Court may —
(a) order that the entity pay the difference between the amount of the fee the entity paid and the fee that would otherwise be payable by the entity; and
(b)
make orders to enforce the order for the payment.
(6)
An order under subregulation (5)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done
1912 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 38 in respect of the matter until the sum ordered to be paid
has been paid.38. Regulation 5 amended
(1) In regulation 5 delete “A fee” and insert: (1) A fee (2) At the end of regulation 5 insert:
(2) A person is not required to pay a fee in respect of a
matter if —
(a)
a written law provides that the person is not required to pay a fee in respect of a matter of that type; or
(b)
the person has not reached 18 years of age on the day the fee would otherwise be payable.
Note: The heading to amended regulation 5 is to read:
Exemptions
39. Regulations 8 and 9 replaced
Delete regulations 8 and 9 and insert:
8. Who is an eligible individual or eligible entity
(1) In this regulation — Centrelink means the Commonwealth agency known
as Centrelink.
14 June 2016 GOVERNMENT GAZETTE, WA 1913 Attorney General Regulations Amendment (Fees) Regulations 2016
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 39
(2) An eligible individual is —
(a) an individual who holds one or more of the following cards issued by Centrelink — (i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or (b)
an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies
entitlement to Commonwealth health
concessions; or(c)
an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the Social Security Act 1991 (Commonwealth) section 23(1); or
(d)
an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e)
an individual who has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(f)
an individual who the Court or a registrar has directed is an eligible individual under regulation 9B(1)(b).
(3) An eligible entity is —
(a)
an entity that has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a
1914 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 8 Magistrates Court (Fees) Regulations 2005 amended r. 39 Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
(b)
an entity that the Court or a registrar has directed is an eligible entity under regulation 9B(2)(b).
9A. Application to be recognised as eligible individual
or eligible entity
(1) A person may apply for —
(a)
a direction under regulation 9B(1) that the person is an eligible individual in respect of a matter specified in Schedule 1; or
(b)
a direction under regulation 9B(2) that the person is an eligible entity in respect of a matter specified in Schedule 1.
(2) An application is to be in a form approved by the Chief
Magistrate and is to specify —
(a)
for an individual — the matter in respect of which the individual is seeking to pay the eligible individual fee; or
(b)
for an entity — the matter in respect of which the entity is seeking to pay the eligible entity fee.
(3) Despite anything else in these regulations, a fee is not
to be charged in respect of an application under
subregulation (1).
9B. Recognition as eligible individual or eligible entity
(1) The Court or a registrar may, on an application under
regulation 9A(1)(a) —
(a)
direct that a person is an eligible individual described in regulation 8(2)(a) to (e) in respect
14 June 2016 GOVERNMENT GAZETTE, WA 1915 Attorney General Regulations Amendment (Fees) Regulations 2016
Magistrates Court (Fees) Regulations 2005 amended Part 8
r. 39
of the matter if satisfied that the person meets
one or more of the requirements set out in thoseparagraphs; or
(b) direct that a person is an eligible individual described in regulation 8(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons — (i) financial hardship;
(ii) the interests of justice.
(2) The Court or a registrar may, on an application under
regulation 9A(1)(b) —
(a) direct that a person is an eligible entity described in regulation 8(3)(a) in respect of the matter if satisfied that the person meets the requirements set out in that paragraph; or (b) direct that a person is an eligible entity described in regulation 8(3)(b) if satisfied that the person should be required to pay only the eligible entity fee in respect of the matter for either, or both, of the following reasons — (i) financial hardship;
(ii) the interests of justice.
(3) The Court or a registrar may, before an application is
determined, direct the applicant to provide to the
magistrate, the registrar or the Court further
information relating to the application.(4) A direction to provide further information —
(a) may be made in writing or orally; and (b)
may require that the information is provided either in writing or orally.
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
(b) delete “waived or reduced under regulation 7” and insert: reduced under these regulations
Note: The heading to amended regulation 10 is to read:
Schedule 1 Division 1 item 6 or Division 2 item 7 fee
61. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 — Fees
[r. 4 and 4A]
Division 1 — General Division fees
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
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 ................... 1 205.00 2 348.00 100.00
(b) a notice of appeal (whether in draft form
or not) ............................. 1 205.00 2 348.00 100.00
14 June 2016 GOVERNMENT GAZETTE, WA 1965 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
2. On filing —
(a) a counterclaim ................ 1 205.00 2 348.00 100.00
(b) a third party notice or a notice under the
Rules O. 19 r. 8 .............. 1 205.00 2 348.00 100.00
(c) an application —
(i) to extend a
period of time
fixed by law,
including an
application to
extend time
before
proceedings are
commenced; or(ii) to limit a period
of time within
which
proceedings may
be taken; or(iii) for leave to serve
a writ or notice of a writ out of jurisdiction; or
(iv) to swear to the
death of a
person; or(v) for leave to
appeal; or
1966 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $ (vi) for leave to issue a subpoena under the Commercial
Arbitration Act 2012; or
(vii) in a pending
cause or matter
in admiralty whether by summons or motion, other than an
application by
the Marshal ......... any other application for which no fee has been provided in this Division ...........................
402.00
787.00
100.00
(d)
402.00 787.00 100.00
NOTE:
The fee in item 2(c)(vi) is
payable only once on the first
application in an arbitration.3. Commencing an appeal to
which the Rules O. 60A r. 4
applies ..................................... 803.00 1 572.00 100.00 4. Entry for hearing a cause or
matter or notice of an
appointment to hear an
originating summons ............... 1 205.00 2 348.00 100.00 5.
Allocation of hearing date ....... 807.00 for 2 094 for 100.00
NOTE: See regulation 9. each day each day
allocated allocated
14 June 2016 GOVERNMENT GAZETTE, WA 1967 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
6. Daily hearing fee before a
Court constituted by a master
or one or more judges .............. 807.00 2 094.00 0.00 NOTES:
(1) No fee is payable if theproceedings are of an interlocutory nature.
(2) The fee is to be paid in
respect of any number of
hearing days greater than the
number of hearing days for
which a fee has been paid
under item 5.
(3) The fee is payable for each additional day or part of a day that the hearing
proceeds beyond the date or dates allocated referred to in item 5.
(4) If the Court allocates a half-day or less for the continuation of the hearing,
a fee equal to half the
prescribed amount is payablefor that period.
(5) The daily fee becomes
payable on a day-to-day
basis and is payable before
the daily reconvening of the
hearing.
1968 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
7. (a) On filing an —
(i)
interlocutory application or summons
returnable; or
(ii) application for assessment of damages; or
(iii) application for
summary
judgment,before a judge, master
or registrar in chambers ... 283.00 550.00 85.00
(b) On an appointment
before a judge, master
or registrar —
(i)
on a reference for inquiry and report; or
(ii) to pass accounts;
or(iii) to settle the
index of a
transcript for use
upon the hearing
of an appeal; or(iv) on a reference to a registrar in
admiralty
proceedings ......... 283.00 550.00 85.00
14 June 2016 GOVERNMENT GAZETTE, WA 1969 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
(c) On an appointment before a judge, master
or registrar for
mediation ........................
NOTES:
(1) If the registrar is assisted by283.00 550.00 0.00 one or more assessors, the
daily fee is payable for each
assessor if the registrar
considers that to bereasonable.
(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. which item 7 applies is listed
for more than one day and
proceeds for more than the
number of days listed, the fee
prescribed in item 7 isIf the hearing of a matter to day or part of a day of a hearing.
1970 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
NOTE:
The daily fee becomes payable
on a day-to-day basis and is
payable before the dailyreconvening of the hearing.
9. taxation in a cause or matter
or under the Commercial
Arbitration Act 2012, or on
filing an application for an
assessment of a bill of costsOn filing a bill of costs for Act 2008 —
(a) lodgment fee ................... 391.00 759.00 100.00
(b) on the setting of an appointment to tax a bill
of costs, an additional
fee at the rate of ..............
NOTES:
(1) The % rate is to be applied2.5% 2.5% 0.0% to the amount at which the
bill is drawn.
(2) The taxing officer must allow against the person chargeable with the costs as
taxed, taxing fees at the rate prescribed in item 9(b) of the amount found due on
taxation.
14 June 2016 GOVERNMENT GAZETTE, WA 1971 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
(3) If the parties agree on the bill of costs in a cause or matter or under the Legal Profession Act 2008, the Commercial Arbitration Act 1985 or the Commercial
Arbitration Act 2012 and the appointment is cancelled, the following percentage of the
fee paid is to be refunded —
(a) if the appointment is
cancelled less than
3 days before the day
of the appointment,
nil;(b) if the appointment is
cancelled 3 days or
more and less than
10 days before the day
of the appointment,
50%;(c) if the appointment is cancelled 10 or more days before the day of the appointment, 80%.
10. For searching any proceeding or record other than a search made by or on behalf of a
party to the proceeding ............ 40.70 40.70 12.20 NOTE:
But if the search is made by a
recognised service approved by
the Attorney General: $1.80.
1972 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
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 ............................ 60.00 60.00 17.95 (b)
If an officer is required to attend at any court or place out of the
Supreme Court building, the officer’s reasonable expenses and, in addition, for each hour or part of an
hour when the officer is necessarily absent from his or her office ..............
101.00
101.00
30.30
12. (a) For a copy of a document of any kind or
an exhibit, including marking as an office copy if required, for each page or part of a page .............................
1.65
1.65
0.50
(b)
For a copy of reasons for judgment —
(i) for each copy
consisting of not
more than
10 pages issued
to a person not a
party to the
proceedings and
for each copy in
excess of one
14 June 2016 GOVERNMENT GAZETTE, WA 1973 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $
copy issued to a
party to the
proceedings ......... 14.15 14.15 4.20 (ii) for each copy consisting of 10 or more pages
an additional fee
per page of .......... seal that a document is a true copy, an additional fee of ..............................
1.80
1.80
0.55
(c) For certifying under
19.60 19.60 5.90
(d) For a certificate under
the hand of a registrar ..... 38.50 38.50 11.60 (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 .... 80.00 80.00 24.00
13. (a) For a copy of a transcript —
(i)
provided within one day after the day on which the fee is paid ............
18.75 plus 7.70 per
18.75 plus
5.60 plus
15.45 per 2.30 per
page page page
1974 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible entity $ individual
$ $ (ii) provided within 4 days after the day on which the
fee is paid ............
18.75 plus 6.70 per
18.75 plus
5.60 plus
13.45 per 2.00 per
page page page
(iii) provided within 18.75 plus 18.75 plus 5.60 plus
7 days after the 6.45 per 12.85 per 1.95 per day on which the page page page fee is paid ............
(b)
For an additional copy of the transcript, or part of the transcript,
provided under
paragraph (a) —
(i) in electronic 19.60 per 19.60 per 5.90 per
format .................. copy copy copy
(ii) paper copy ........... 1.90 per 1.90 per 0.55 per
page page page
14. On filing an application for
admission as a practitioner ...... 339.00 N/A N/A Division 2 — Court of Appeal fees
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible $ individual
entity $ $
1. On filing an appeal notice ....... 201.00 521.00 60.50
14 June 2016 GOVERNMENT GAZETTE, WA 1975 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible $ individual
entity $ $
2. On filing —
(a) Appellant’s case; or
(b) Respondent’s case .......... 3 029.00 7 870.00 100.00 3. On filing an application to transfer an appeal from the District Court to the Court of
Appeal under the Magistrates
Court (Civil Proceedings)
Act 2004 s. 41 .......................... in an appeal for an interim order or to amend or cancel an interim order ................... 402.00 787.00 100.00 4.
(a) On filing an application
283.00 550.00 85.00
(b) On an appointment before a judge or
registrar to settle the
appeal book index .......... 283.00 550.00 85.00 (c) On an appointment before a registrar for
mediation ........................
NOTES:
(1) The fee includes the first day283.00 550.00 0.00 of the hearing of the matter and any adjournment of the matter.
1976 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible $ individual
entity $ $
(2) If the hearing of a matter is listed for more than one 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 thehearing.
5. Setting down fee ...................... 1 010.00 1 964.00 100.00 NOTES:
(1) This fee is payable when theappeal book is filed. (2) This fee includes the fee for
the first day of hearing.
6. Allocation of hearing date ........ 807.00 for 2 094.00 0.00
each day for each estimated day
estimated
NOTE:
This fee is payable on the
number of days in excess of the
first hearing day estimated for
the hearing by the Court of
Appeal Registrar.
14 June 2016 GOVERNMENT GAZETTE, WA 1977 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible $ individual
entity $ $
7. Daily hearing fee ..................... 807.00 2 094.00 0.00 NOTES:
(1) This fee is not payable inrelation to an application for,
or to amend or cancel an
interim order.
(2) This fee is payable for each
additional day or part day
that a hearing proceeds
beyond the number of days
for which a fee has been
paid.
(3) If the Court allocates a half-day or less for the continuation of the hearing,
a fee equal to half 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 ...................................... 40.70 40.70 12.20 NOTE:
But if the search is made by a
recognised service approved by
the Attorney General: $1.80.
1978 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible $ individual
entity $ $
9. (a) For a copy of a document of any kind or an exhibit, including marking as an office copy if required, for each page or part
thereof ............................ 1.65 1.65 0.50 (b)
For a copy of reasons for judgment —
(i)
for each copy consisting of 10 pages or less
issued to a
person not a party to the appeal and for
each copy in excess of one copy issued to a
party to the
appeal .................. 14.20 14.20 4.30 (ii) for each copy consisting of more than 10 pages an
additional fee per
page of ................. seal that a document is a true copy, an additional fee of ..............................
1.80
1.80
0.55
(c) For certifying under
19.60 19.60 5.90
(d) For a certificate under
the hand of a registrar ..... 38.50 38.50 11.60
14 June 2016 GOVERNMENT GAZETTE, WA 1979 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 61
Item Matter Column A Column B Column C
Fee for Fee for Fee for individual or entity eligible eligible $ individual
entity $ $
10. (a) For a copy of a transcript —
(i)
provided within one day after the day on which the fee is paid ............
18.75
18.75
5.60 plus
plus plus 2.30 per
7.70 per 15.45 per page
page page
(ii) provided within 4 days after the day on which the
fee is paid ............ 18.75 18.75 5.60 plus
plus plus 2.00 per
6.70 per 13.45 per page
page page
(iii) provided within 7 days after the day on which the
fee is paid ............ 18.75 18.75 5.60 plus
plus plus 1.95 per
6.45 per 12.85 per page
page page
(b)
For an additional copy of the transcript, or part of the transcript,
provided under
paragraph (a) —
(i) in electronic
format .................. 19.60 19.60 5.90
(ii) paper copy ........... 1.90 1.90 0.55
1980 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 62 62. Schedule 2 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 2 it. 1(a) 115.00 128.00 Sch. 2 it. 1(b) 115.00 128.00 Sch. 2 it. 1(c) 30.50 33.90 Sch. 2 it. 2 63.50 70.50 Sch. 2 it. 3(a) 1.60 1.80 Sch. 2 it. 3(b) 1.80 2.00 Sch. 2 it. 4 61.00 68.00 Sch. 2 it. 5(a) 195.50 217.00 63. Schedule 3 amended
Amend the provisions listed in the Table as set out in the Table.
Table
Item Delete Insert
Sch. 3 it. 1 304.00 338.00 Sch. 3 it. 2 72.00 80.00 Sch. 3 it. 3 72.00 80.00 Sch. 3 it. 4(a) 1.50 1.65
14 June 2016 GOVERNMENT GAZETTE, WA 1981 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 64
Item Delete Insert
Sch. 3 it. 4(b) 17.65 19.60 Sch. 3 it. 5 91.00 101.00 Sch. 3 it. 6 36.60 40.70 64. Schedule 4 amended
(1) Delete the reference after the heading to Schedule 4 and insert: [r. 4A(1) and 8(2)] (2) In Schedule 4 Form 1 delete the Note and insert: Note: A person who makes a statement or representation in this application that the person knows or
has reason to believe is false or misleading in a material particular commits an offence under theSupreme Court (Fees) Regulations 2002 regulation 8B(1).
1 Under the Supreme Court (Fees) Regulations 2002 a small business is —
a business undertaking that is wholly owned and operated by an individual or individuals in
partnership and has less than 20 full-time equivalent employees and partners;
a corporation that has less than 20 full-time equivalent employees and that is not a subsidiary of a
corporation that has 20 or more full-time equivalent employees;a co-operative as defined in the Co-operatives Act 2009 that has less than 20 full-time equivalent employees and that is not a subsidiary of another co-operative or corporation that has 20 or more full-time equivalent employees; or
a corporation within the meaning of the Statutory Corporations (Liability of Directors) Act 1996 that
has less than 20 full-time equivalent employees and that is not a body that would be a subsidiary, if the
corporation were a corporation to which the Corporations Act 2001 of the Commonwealth applies, of a
corporation within the meaning of the Corporations Act 2001 of the Commonwealth or the StatutoryCorporations (Liability of Directors) Act 1996 that has 20 or more full-time equivalent employees.
2 Under the Supreme Court (Fees) Regulations 2002 regulation 3 a non-profit association is a society,
club, institution, or body that is not for the purpose of trading or securing pecuniary profit for its
members from its transactions.
1982 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 64
(3) Delete Schedule 4 Form 2 and insert: Form 2
APPLICATION TO REDUCE FEE
In the Supreme Court of Western No. of 2 Australia Plaintiff/Appellant*: (*strike out word that is not applicable) Defendant/Respondent*: (*strike out word that is not applicable) Fee type for which request is made:
❑ Application ❑ Hearing fee ❑ Transcription ❑ Other (please
fee fee describe
below)
Concession Card Holder: Pension Concession ❑ Yes ❑ No
Card No: ______________ Health Care Card
No:______________ Grant of Legal Aid under a legal aid scheme or service
❑ Yes ❑ No Full Name:
Please indicate your party type:
Applicant Details: ❑ Individual ❑ Entity Address: Date of
Birth:If you are applying for a fee reduction because of financial hardship or in the interests of justice, please give supporting reasons for your
14 June 2016 GOVERNMENT GAZETTE, WA 1983 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 64
request (attach a separate page if required). If the reasons include
financial hardship you must complete the information on the following
pages.I certify that the above information and disclosures in this form are true and correct.
Applicant’s Signature Dated:
*Note: A person who makes a statement or representation in this
application that the person knows or has reason to believe is false or
misleading in a material particular commits an offence under theSupreme Court (Fees) Regulations 2002 regulation 8B(1).
COURT SEAL
FINANCIAL DETAILS: APPLICANT WHO IS AN INDIVIDUAL
If the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an individual.
Occupation:
Employer:
Employer’s Address:
Marital Status: ❑ single ❑ married ❑ partner ❑ de facto ❑ separated Dependants: ❑ dependant wife/husband/partner/de facto ____ (number of) dependant children
INCOME AND FINANCIAL ASSETS DETAILS
Income / financial assets Self Partner Total (net) Wage / salary / benefit $ _______ $ _______ $ _______
1984 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 64 Money in financial
institution $ _______ $ _______ $ _______ Cash $ _______ $ _______ $ _______ Income from investments $ _______ $ _______ $ _______ Other income $ _______ $ _______ $ _______ Money loaned and to be repaid $ _______ $ _______ $ _______ Total $ _______ $ _______ $ _______ EXPENDITURE DETAILS Expenditure Self Partner Total Rent / board $ _______ $ _______ $ _______ Mortgage payment $ _______ $ _______ $ _______ Maintenance for dependants $ _______ $ _______ $ _______ Food $ _______ $ _______ $ _______ Utilities (gas / electricity) $ _______ $ _______ $ _______ Telephone $ _______ $ _______ $ _______ Water $ _______ $ _______ $ _______ Rates and taxes $ _______ $ _______ $ _______ Court orders $ _______ $ _______ $ _______ Credit card/s $ _______ $ _______ $ _______ Other debts (provide details) ______________________ $ _______ $ _______ $ _______ Total $ _______ $ _______ $ _______
TOTAL TOTAL
INCOME $ ________ EXPENDITURE $ _______
14 June 2016 GOVERNMENT GAZETTE, WA 1985 Attorney General Regulations Amendment (Fees) Regulations 2016
Supreme Court (Fees) Regulations 2002 amended Part 10
r. 64
ASSETS VALUE House or other property (provide addresses) $ ______
Motor Vehicles 1 Year: (car, utility, Make:
motorcycle, truck $ ______ etc.) Model: Registration Number: 2 Year: Make:
$ ______
Model:
Registration Number:
Other assets (provide details)
$ _______
TOTAL ASSET VALUE $ ______ HOME CONTENTS (please complete appropriate box where applicable)
Television DVD player Computers Other Dishwasher Micro electronic wave devices $ _______ $ _______ $ ______ $ _______ $ _______ $ ______
Furniture Collection of Other Other assets Interests in coins, stamps collectables business or etc. company $ _______ $ ________ $ ________ $ ________ $ _______
1986 GOVERNMENT GAZETTE, WA 14 June 2016 Attorney General Regulations Amendment (Fees) Regulations 2016
Part 10 Supreme Court (Fees) Regulations 2002 amended r. 64
LIABILITIES TOTAL Mortgage to: $ _______ Other to: $ _______ Time to Pay Order: $ _______ TOTAL LIABILITIES $ _______ FINANCIAL DETAIL: APPLICANT WHO IS NOT AN
INDIVIDUALIf the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an entity.
Income $ _______ Assets $ _______ Liabilities $ _______ TOTAL $ _______ R. KENNEDY, Clerk of the Executive Council.
PERTH, TUESDAY, 14 JUNE 2016 No. 95 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
Western Australia
Attorney General Regulations Amendment
(Fees) Regulations 2016
Contents
Part 1 — Preliminary
1. Citation
2. Commencement
Part 2 — Children’s Court (Fees)
Regulations 2005 amended
3. Regulations amended
4. Regulation 3 amended
5. Regulation 4 amended
6. Regulation 5 replaced
5. Exemptions 7. Regulations 8 and 9 replaced
8. Who is an eligible individual 9A. Application to be recognised as eligible
individual9B. Recognition as eligible individual 9C. False or misleading statements 9D. Refunds 9. Waiving fee for copy of document or transcript 8. Regulation 10 amended
9. Schedule 1 replaced
Schedule 1 — Fees
Division 1 — General
Division 2 — Civil jurisdiction
Division 3 — Criminal jurisdiction10. Schedule 2 deleted
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