Civil and Administrative Tribunal Amendment (Fees) Regulation 2017 (NSW)

New South Wales

Civil and Administrative Tribunal

Amendment (Fees) Regulation 2017

under the

Civil and Administrative Tribunal Act 2013

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Civil and Administrative Tribunal Act 2013.

MARK SPEAKMAN, MP

Attorney General

Explanatory note
The object of this Regulation is to amend the Civil and Administrative Tribunal Regulation 2013 to increase

fees payable in connection with proceedings before the Civil and Administrative Tribunal. This Regulation general regulation-making power).

also removes 2 redundant fees under the now repealed Strata Schemes Management Act 1996.
Civil and Administrative Tribunal Amendment (Fees) Regulation

2017

under the

Civil and Administrative Tribunal Act 2013

1      Name of Regulation

This Regulation is the Civil and Administrative Tribunal Amendment (Fees)
Regulation 2017.

2      Commencement

This Regulation commences on 1 July 2017 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Civil and Administrative Tribunal
Regulation 2013

[1]      Clause 5 Fees generally

Omit “$41” from clause 5 (4). Insert instead “$42”.

[2]      Schedule 2

Omit the Schedule. Insert instead:

Schedule 2 Fees

(Clause 5)

Column 1 Column 2 Column 3

Item	Matter for which fee payable	Standard fee	Corporation fee
1	Lodgment of a general application in	$49	$98
residential proceedings
2	Lodgment of a general application in strata	$101	$202
proceedings, unless otherwise prescribed by this Schedule
3	Lodgment of a general application in general consumer or commercial proceedings:

(a)	if the amount claimed or in dispute is	$49	$98
not more than $10,000 or if no amount is claimed or in dispute, or
(b)	if the amount claimed or in dispute is	$101	$202
more than $10,000 but not more than $30,000, or
(c)	if the amount claimed or in dispute is	$263	$526
more than $30,000

4	Lodgment of a general application for decision	$100	$200
under Retail Leases Act 1994
5	Lodgment of a general application or external appeal in other proceedings:

(a)	if it is an appeal required to be	$414	$828
determined by an Appeal Panel, or
(b)	if it is an application or appeal required	$210	$420
to be determined in a Division by 2 or more Division members, or
(c)	in any other case	$100	$200

6                  Lodgment of an administrative review application:

(a) if the application is required to be $210 —

determined by 2 or more members, or

(b) in any other case $100 —

7	Lodgment of an internal appeal	$414	$828
Column 1	Column 2	Column 3
Item	Matter for which fee payable	Standard fee	Corporation fee
8	Lodgment of a set aside application	$101	$202
9	Issue of a summons (for production or to give	$45	—
evidence, or both)
10	Request for the production to Tribunal of	$52	—
documents held by court
11	Retrieval of any document or file from archives	$80	—
12	Provision of copy or certified copy of decision	$80	—
or written reasons
13	Lodgment of a general application under section 62 of the Community Land Management Act 1989 for an order under Division 3 or Division 4 of Part 4 of that Act for settlement of a dispute or complaint:

(a)	if the application includes an	$171	$342
application for an interim order under section 72 of that Act, or
(b)	if the application does not include an	$85	$170
application referred to in paragraph (a)

Notes.

1       Clause 5 (4) of this Regulation provides that the principal registrar may charge a fee not exceeding $42 for any other service provided.

2       Clause 6 of this Regulation provides for circumstances in which no fee or a reduced fee may be payable.

3       Clause 6 (3) of this Regulation provides that a party to proceedings is entitled to one free copy of the decision or written reasons for a decision of the Tribunal.