Australian Capital Territory Supreme Court (Fees) Regulations (Cth)

Statutory Rules

1980No. 63

REGULATIONS UNDER THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 19331

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Capital Territory Supreme Court Act 1933.

Dated this twentieth day of March 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

P. DURACK

Attorney-General

 

Australian Capital Territory Supreme Court (Fees) Regulations

Citation

 1.These Regulations may be cited as the Australian Capital Territory Supreme Court (Fees) Regulations.

Fees

 2. (1) Subject to this regulation, the fees payable in respect of proceedings in the Court or the service or execution of the process of the Court by officers of the Court are the fees respectively specified in the Schedule in respect of the matters in relation to which they are so specified.

 (2) A fee is not payable under this regulation upon the filing of a document relating to —

• (a)

  an appeal to the Court from a judgment or an order of another Court;

• (b)

  an appeal to the Court from a decision of a body established by an Ordinance;

• (c)

  a proceeding commenced in pursuance of an Ordinance (other than the Court of Petty Sessions Ordinance 1930) and relating to a decision made, or action taken, by a person or body under that Ordinance;

• (d)

  a proceeding under the Adoption of Children Ordinance 1965;

• (e)

  a proceeding under Part V of the Legal Practitioners Ordinance 1970;

• (f)

  a matter that has been remitted to the Court by the High Court in pursuance of section 44 of the Judiciary Act 1903;

• (g)

  a proceeding in respect of a criminal matter;

• (h)

  a proceeding in respect of which a Convention to which Australia is a party provides that a fee shall not be payable; or

• (i)

  an application to the Court or a Judge for a direction to the Registrar that he issue a certificate in accordance with sub-regulation (4).

 (3) A document shall not be filed in the Registry of the Court unless the fee (if any) payable upon or in respect of the filing has been paid.

 (4) A fee that, but for this sub-regulation, would be payable under this regulation is not payable if the Registrar issues a certificate to the person who would otherwise be required to pay the fee certifying —

• (a)

  that that person is —

  • (i)

    a legally assisted person within the meaning of the Legal Aid Ordinance 1977 of the Territory; or

  • (ii)

    a person to whom legal aid has been granted from a legal aid scheme or service approved by the Attorney-General; or

• (b)

  that the payment of the fee would impose substantial hardship on that person.

Application

3. These Regulations apply to and in relation to —

• (a)

  a proceeding commenced in the Court on or after 1 April 1980; and

• (b)

  the service or execution of the process of the Court issued or granted on or after that date.

ScheduleRegulation 2

FEES TO BE TAKEN BY OFFICERS OF THE COURT

$
1.	On filing a document whereby a proceeding in the Court (other than a motion referred to in item 2 or an incidental proceeding in the course of, or in connection with, a proceeding) is commenced	90.00
2.	On filing a notice of motion for admission to practise under the Legal Practitioners Ordinance 1970	60.00
3.	For each request for a copy or copies of a document or documents (regardless of the number of documents to which the request relates)	0.50
4.	For each page included in a copy furnished in accordance with a request referred to in item 3	0.15
5.	For each service or attempted service of process	12.00
6.	For executing, or attempting to execute, the process of the Court, an amount equal to the amount of any expenses reasonably incurred in executing, or attempting to execute, the process of the Court.

NOTE

1. Notified in the Commonwealth of Australia Gazette