Civil Procedure Amendment (Fees) Regulation 2006 (NSW)

2006 No 358

New South Wales

Civil Procedure Amendment (Fees)

Regulation 2006

under the

Civil Procedure Act 2005

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Civil Procedure Act 2005.

BOB DEBUS, M.P.,

Attorney General

Explanatory note
The object of this Regulation is to amend the Civil Procedure Regulation 2005 so as:

(a)	to provide for the waiver, postponement and remittal of fees by the registrar of a court rather than, as is currently the case, by the court, and
(b)	to enable the registrar of a court, and the Sheriff, to delegate functions conferred on them by that Regulation, and
(c)	to extend the range of matters for which fees are payable to the Sheriff, and
(d)	to correct the description of certain other matters for which fees are payable under that Regulation, and
(e)	to increase certain fees that are payable in relation to civil proceedings generally.

This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).

Published in Gazette No 84 of 30 June 2006, page 4802	Page 1
2006 No 358
Clause 1	Civil Procedure Amendment (Fees) Regulation 2006

Civil Procedure Amendment (Fees) Regulation 2006

under the

Civil Procedure Act 2005

1      Name of Regulation

This Regulation is the Civil Procedure Amendment (Fees)
Regulation 2006.

2      Commencement

This Regulation commences on 1 July 2006.

3 Amendment of Civil Procedure Regulation 2005

The Civil Procedure Regulation 2005 is amended as set out in
Schedule 1.

2006 No 358

Civil Procedure Amendment (Fees) Regulation 2006

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 9 Payment of hearing allocation fees

Insert before clause 9 (1):

(1A) This clause applies in relation to civil proceedings in the Supreme
Court or the District Court.

[2]      Clause 10 Payment of hearing fees

Insert before clause 10 (1):

(1A) This clause applies in relation to civil proceedings in the Supreme
Court.

[3]      Clause 11 General power to waive, postpone and remit fees

Insert “registrar of the” after “The” in clause 11 (1).

[4]      Clause 11 (1)

Omit “court thinks”. Insert instead “registrar thinks”.

[5]      Clause 20

Omit the clause. Insert instead:

20 Delegation of functions

(1)	The registrar of a court may delegate to any person the exercise of any of the functions conferred on the registrar by this Regulation, other than this power of delegation.
(2)	The Sheriff may delegate to any person the exercise of any of the functions conferred on the Sheriff by this Regulation, other than this power of delegation.

2006 No 358

Civil Procedure Amendment (Fees) Regulation 2006

Schedule 1 Amendments

[6]      Schedules 1 and 2

Omit the Schedules. Insert instead:

Schedule 1 Court fees

(Clause 4)

Part 1 Supreme Court

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

1	Filing an originating process (other than an	$659	$1,318
originating process referred to in items 2–9)
2	Filing an originating process in the Equity	$1,506	$3,012
Division for entry in the Commercial List or the Technology and Construction List
3	Filing an originating process in the Equity	$606	$1,453
Division for entry in the Admiralty List
4	Filing an originating process by which an application for a grant or resealing of probate in respect of an estate the sworn gross value of which:

(a)	is less than $50,000	Nil	—
(b)	is $50,000 or more but less than	$582	—
$250,000
(c)	is $250,000 or more but less than	$734	—
$500,000
(d)	is $500,000 or more but less than	$1,106	—
$1,000,000
(e)	is $1,000,000 or more	$1,472	—

5	Filing in the Court of Appeal a holding	$129	$258
summons for leave to appeal or cross-appeal
6	Filing in the Court of Appeal an ordinary	$604	$1,208
summons for leave to appeal or cross-appeal in respect of an application initiated by a holding summons
7	Filing any other summons in the Court of	$732	$1,464
Appeal
2006 No 358

Civil Procedure Amendment (Fees) Regulation 2006

Amendments Schedule 1

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

8	Filing a notice of appeal without appointment	$291	$582
in the Court of Appeal
9	Filing a notice of appeal with appointment in the Court of Appeal:

(a)	in proceedings in which a summons has	$1,539	$3,078
been filed in the Court of Appeal
(b)	in proceedings in which a notice of	$1,980	$3,960
appeal without appointment has been filed
(c)	in any other proceedings	$2,270	$4,540

10	Allocating a date for hearing of the proceedings	$1,257	$2,514
by one or more judges, a judge and jury or an associate judge
11	Filing a requisition for trial by jury	$800	$1,600
12	For retention of jury after the first day of trial	$365 per day	$730 per day
Note. The fees under this item are to be paid by the party requesting a jury for the trial.
13	On referral of proceedings for arbitration under	$598	—
Division 2 of Part 5 of the Civil Procedure Act 2005
14	Filing an application for an order for the	$456	$912
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
15	Hearing of proceedings by one of more judges,	$234	$468
for each half day of hearing on or after the 11th day
Note. For the purposes of this item, a half day comprises a period of 3 hours or less, such period to include any adjournment of less than half an hour.
16	Hearing of proceedings by an associate judge,	$211	$422
for each half day of hearing on or after the 11th day
Note. For the purposes of this item, a half day comprises a period of 3 hours or less, such period to include any adjournment of less than half an hour.

17 Preparing appeal papers (for such number of $523 per volume $1,046 per

copies as the registrar orders to be printed) in	volume
volumes of not more than 250 pages

2006 No 358

Civil Procedure Amendment (Fees) Regulation 2006

Schedule 1 Amendments

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

18	Filing a notice of motion	$152	$304
19	Lodging a will otherwise than as an attachment	$32	—
to an originating process by which an application for a grant or resealing of probate is made
20	Preparing a copy of a will	$44	—
21	Conducting a genealogical search on a probate	$84	—
file (for each file searched)
22	Conducting a search for an application for a	$44	—
grant or resealing of probate (for each file searched)
23	Lodging a caveat against an application for a	$31	$62
grant or resealing of probate
24	Conducting an adoption search (for each file	$44	—
searched)
25	Issuing a registrar’s certificate as to the	$44	—
signature of a public notary

Part 2 District Court

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

1	Filing an originating process (other than an	$469	$938
originating process referred to in item 2)
2	Filing an originating process in relation to an	$194	$388
appeal
3	Allocating a date for hearing of the proceedings	$502	$1,004
by a judge, a judge and jury or a judicial registrar
4	Filing a requisition for trial by jury	$803	$1,606
5	For retention of jury after the first day of trial	$365 per day	$730 per day
Note. The fees under this item are to be paid by the party requesting a jury for the trial.
2006 No 358

Civil Procedure Amendment (Fees) Regulation 2006

Amendments Schedule 1

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

6	On referral of proceedings for arbitration under	$598	—
Division 2 of Part 5 of the Civil Procedure Act 2005
7	Filing an application for an order for the	$456	$912
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
8	Filing a notice of motion	$61	$122

Part 3 Local Courts

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

1	Filing an originating process, under Part 7 of	$173	$346
the Local Courts Act 1982, in a Local Court sitting in its General Division
2	Filing an originating process, under Part 7 of	$70	$140
the Local Courts Act 1982, in a Local Court sitting in its Small Claims Division
3	Filing an application notice under Part 6 of the	$67	—
Local Courts Act 1982
4	Filing an application for an order for the	$301	$602
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
5	Serving or attempting service by post of	$30 for each	—
originating process by a Local Court	address to which process posted
6	Filing a notice of motion	$61	$122
7	Filing a notice of appeal, or application for leave to appeal, to the District Court under Part 3 of the Crimes (Local Courts Appeal and Review) Act 2001, as applied to proceedings under Part 6 of the Local Courts Act 1982

(a)	in relation to appellant’s first such	$82	—
notice
(b)	in relation to appellant’s second or	$44	—
subsequent such notice

2006 No 358

Civil Procedure Amendment (Fees) Regulation 2006

Schedule 1 Amendments

Part 4 Miscellaneous court fees

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

1	Issuing a subpoena (for production, to give	$59	$118
evidence, or both)
2	Issuing a notice to produce a document or thing	$59	$118
to the court under Part 34 of the Uniform Civil Procedure Rules 2005
3	Issuing an examination order	$31	$62
4	Filing or registering a copy or certificate of a	$67	$134
judgment, order, determination, decree, adjudication or award of any other court or person under section 133 of the Civil Procedure Act 2005
5	Opening or keeping open the registry or part of	$523	$1,046
the registry:

(a)	on a Saturday, Sunday or public holiday or
(b)	on any other day before 9 am or after 5 pm

6	Requesting production to the court of	$44	$88
documents held by another court
7	Furnishing a sealed or certified copy of a	$44	—
judgment or order, or of the written opinion or reasons for opinion of any judicial or other officer of the court
8	Retrieving, providing access to and furnishing	$10, plus $5 for	—
a copy of any document (otherwise than as	each 10 pages
provided for by item 7)	(or part thereof) after the first 20 pages
9	Retrieving and providing access to, but not	$0	—
furnishing a copy of, any document

10	Supplying a duplicate tape recording of	$37 per cassette —
sound-recorded evidence
11	Supplying a transcript of any proceedings:

2006 No 358

Civil Procedure Amendment (Fees) Regulation 2006

Amendments Schedule 1

Column 1	Column 2	Column 3 Corporation
Matter for which fee payable	Standard fee	fee

(a)	where the matter being transcribed is	$68, plus an	—
under 3 months old	additional $8.20 for each page after the first 8 pages
(b)	where the matter being transcribed is 3	$81, plus an	—
months old or older	additional $9.30 for each page after the first 8 pages

12	Providing any service for which a fee is not	$31	$62
otherwise imposed by this Schedule
Note. A fee may not be imposed under this item except with the approval of the registrar.

Schedule 2 Sheriff’s fees

(Clause 5)

Column 1	Column 2
Matter for which fee payable	Fee

1	Serving or attempting service of any	$48 for each address at which, and each
document, including service by post and	occasion on which, service is effected or
preparation of affidavit of service	attempted
2	Executing or attempting execution of an	$59 for each address at which, and each
arrest warrant under section 97 of the Civil	occasion on which, execution is effected
Procedure Act 2005	or attempted
3	Executing or attempting execution of a	$245 for each address at which, and each
writ of possession under Part 8 of the Civil	occasion on which, execution is effected
Procedure Act 2005	or attempted
4	Executing or attempting execution of a	$59 for each address at which, and each
writ of delivery under Part 8 of the Civil	occasion on which, execution is effected
Procedure Act 2005	or attempted
5	Executing or attempting execution of a	$59 for each address at which, and each
writ for the levy of property under Part 8 of	occasion on which, execution is effected
the Civil Procedure Act 2005	or attempted, plus 3% of the proceeds of
Note. The 3% levy in Column 2 is not payable in	enforcement
relation to writs executed by the Marshal in Admiralty

2006 No 358	Civil Procedure Amendment (Fees) Regulation 2006
Schedule 1	Amendments

Column 1	Column 2
Matter for which fee payable	Fee

6	Executing or attempting execution of any	$245 for each address at which, and each
court process (other than a warrant or writ	occasion on which, execution is effected
referred to in item 2, 3, 4 or 5)	or attempted
7	Preparing for sale of land following receipt	$599
of notice of sale from judgment creditor (UCPR rule 39.22)
8	Furnishing a certified copy of a writ for the	$16
levy of property for registration under section 105A of the Real Property Act 1900
9	Providing Sheriff’s officers to guard	$327 per Sheriff’s officer per day
property seized under a writ of execution under Part 8 of the Civil Procedure Act 2005
10	Attending a view by a jury in civil	$130
proceedings
11	Opening or keeping open the Sheriff’s	$523
office on a Saturday, Sunday or public holiday or on any other day before 9 am or after 5 pm
12	Retrieving, providing access to and	$10, plus $5 for each 10 pages (or part
furnishing a copy of any document	thereof) after the first 20 pages
(otherwise than as provided by item 8)

BY AUTHORITY