Civil and Administrative Tribunal Amendment (Fees) Regulation 2018 (NSW)

New South Wales

Civil and Administrative Tribunal

Amendment (Fees) Regulation 2018

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 as follows:

(a)	to increase fees payable in connection with proceedings before the Civil and Administrative Tribunal (the Tribunal),
(b)	to provide that the fee for an application to reinstate dismissed proceedings for failure to appear and to renew a matter in the Consumer and Commercial Division of the Tribunal is the same amount as the fee payable for the lodgment of the originating application,
(c)	to clarify fees payable for strata proceedings.

This Regulation is made under the Civil and Administrative Tribunal Act 2013, including section 90 (the general regulation-making power).

Civil and Administrative Tribunal Amendment (Fees) Regulation

2018

under the

Civil and Administrative Tribunal Act 2013

1      Name of Regulation

This Regulation is the Civil and Administrative Tribunal Amendment (Fees)
Regulation 2018.

2      Commencement

This Regulation commences on 1 July 2018 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Civil and Administrative Tribunal
Regulation 2013

[1]      Clause 4 Definitions

Omit the definition of strata proceedings. Insert instead:

strata proceedings means proceedings allocated to the Consumer and

Commercial Division of the Tribunal arising under the following Acts:

(a)	Community Land Management Act 1989,
(b)	Strata Schemes Management Act 2015,
(c)	the former Strata Schemes Management Act 1996.

[2]      Clause 5 Fees generally

Insert after clause 5 (1):

(2)

The fee payable by a person to the principal registrar in respect of the following matters is the fee payable for the lodgment of the relevant originating application:

(a)	an application to reinstate dismissed proceedings for failure to appear,
(b)	an application to renew proceedings in the Consumer and Commercial Division.

[3]      Clause 5 (4)

Omit “$42”. Insert instead “$43”.

[4]      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 residential	$50	$100
proceedings
2	Lodgment of a general application in strata proceedings,	$103	$206
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 not more	$50	$100
than $10,000 or if no amount is claimed or in dispute, or
(b)	if the amount claimed or in dispute is more than	$103	$206
$10,000 but not more than $30,000, or
(c)	if the amount claimed or in dispute is more than	$268	$536
$30,000

Column 1 Column 2 Column 3

Item Matter for which fee payable Standard fee Corporation
fee

4	Lodgment of a general application for a decision under	$102	$204
the 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 determined by an	$422	$844
Appeal Panel, or
(b)	if it is an application or appeal required to be	$214	$428
determined in a Division by 2 or more Division members, or
(c)	in any other case	$102	$204

6          Lodgment of an administrative review application:

(a) if the application is required to be determined by $214 —

2 or more members, or

(b) in any other case $102 —

7	Lodgment of an internal appeal	$422	$844
8	Lodgment of a set aside application	$103	$206
9	Issue of a summons (for production or to give evidence,	$46	—
or both)
10	Request for the production to Tribunal of documents	$53	—
held by court
11	Retrieval of any document or file from archives	$82	—
12	Provision of copy or certified copy of decision or	$82	—
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 application for an	$174	$348
interim order under section 72 of that Act, or
(b)	if the application does not include an application	$87	$174
referred to in paragraph (a)

Notes.

1       Clause 5 (4) of this Regulation provides that the principal registrar may charge a fee not exceeding $43 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.