Civil and Administrative Tribunal Amendment (Fees) Regulation 2019 (NSW)

New South Wales

Civil and Administrative Tribunal

Amendment (Fees) Regulation 2019

under the

Civil and Administrative Tribunal Act 2013

Her 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, and Minister for the Prevention of Domestic Violence

Explanatory note

The object of this Regulation is to increase fees payable in respect of proceedings before the Civil and
Administrative Tribunal.

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 2019 [NSW]

Civil and Administrative Tribunal Amendment (Fees) Regulation

2019

under the

Civil and Administrative Tribunal Act 2013

1      Name of Regulation

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

Regulation 2019.

2      Commencement

This Regulation commences on 11 July 2019 and is required to be published on the
NSW legislation website.

Civil and Administrative Tribunal Amendment (Fees) Regulation 2019 [NSW]

Schedule 1 Amendment of Civil and Administrative Tribunal Regulation 2013

Schedule 1 Amendment of Civil and Administrative Tribunal
Regulation 2013

[1]      Clause 5 Fees generally

Omit “$43” from clause 5 (4). Insert instead “$44”.

[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 residential	$51	$102
proceedings
2	Lodgment of a general application in strata	$105	$210
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 not more	$51	$102
than $10,000 or if no amount is claimed or in dispute, or
(b)	if the amount claimed or in dispute is more than	$105	$210
$10,000 but not more than $30,000, or
(c)	if the amount claimed or in dispute is more than	$273	$545
$30,000

4	Lodgment of a general application for a decision under	$104	$208
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	$429	$859
Appeal Panel, or
(b)	if it is an application or appeal required to be	$218	$435
determined in a Division by 2 or more Division members, or
(c)	in any other case	$104	$208

6          Lodgment of an administrative review application:

(a) if the application is required to be determined by $218 $436

2 or more members, or

(b) in any other case $104 $208

7	Lodgment of an internal appeal	$429	$859
8	Lodgment of a set aside application	$105	$210

Civil and Administrative Tribunal Amendment (Fees) Regulation 2019 [NSW]

Schedule 1 Amendment of Civil and Administrative Tribunal Regulation 2013

Column 1 Column 2 Column 3

Item Matter for which fee payable Standard fee Corporation
fee

9	Issue of a summons (for production or to give evidence,	$47	—
or both)
10	Request for the production to Tribunal of documents	$54	—
held by court
11	Retrieval of any document or file from archives	$83	—
12	Provision of copy or certified copy of decision or	$83	—
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	$177	$354
interim order under section 72 of that Act, or
(b)	if the application does not include an application	$89	$177
referred to in paragraph (a)

Notes.

1       Clause 5 (4) of this Regulation provides that the principal registrar may charge a fee not exceeding $44 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.