Civil Procedure Amendment (Fees) Regulation 2007 (NSW)

2007 No 278

New South Wales

Civil Procedure Amendment (Fees)

Regulation 2007

under the

Civil Procedure Act 2005

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

JOHN HATZISTERGOS, M.L.C.,

Attorney General

Explanatory note
The objects of this Regulation are:

(a)	to increase certain fees that are payable to the Sheriff and certain other fees that are payable in relation to civil proceedings generally, and
(b)	to confer an exemption from filing fees for the originating process by which a question of law is referred to the Supreme Court for decision under section 61 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth or section 659A of the Corporations Act 2001 of the Commonwealth, and
(c)	to make it clear that the party to a proceeding and a solicitor for that party are jointly and severally liable for the payment of certain fees, and
(d)	to provide that no fee is payable in relation to the filing of a notice of motion for application for a writ of execution, and
(e)	to provide that a fee is payable in relation to the filing of a notice of motion for an application for an examination order in relation to proceedings in a Local Court sitting in its Small Claims Division.

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

Published in Gazette No 83 of 29 June 2007, page 3990	Page 1
2007 No 278
Clause 1	Civil Procedure Amendment (Fees) Regulation 2007

Civil Procedure Amendment (Fees) Regulation 2007

under the

Civil Procedure Act 2005

1      Name of Regulation

This Regulation is the Civil Procedure Amendment (Fees)
Regulation 2007.

2      Commencement

This Regulation commences on 1 July 2007.

3 Amendment of Civil Procedure Regulation 2005

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

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 4 Fees payable in relation to court proceedings

Insert after clause 4 (5) (b):

(b1) an application for a writ of execution,

[2]      Clause 4 (5) (g)

Insert “other than an application for an examination order” after “Division”.

[3]      Clause 4 (6)

Insert after clause 4 (5):

(6)

Despite subclause (2), no fee is payable in relation to the filing of an originating process by which a question of law is referred to the Supreme Court for decision under:

(a)	section 61 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth, or
(b)	section 659A of the Corporations Act 2001 of the Commonwealth.

[4]      Clause 7 Persons by and to whom fees are payable

Insert after clause 7 (1):

(1A) For the purposes of subclause (1), the fee imposed by item 2 of Part 4 of Schedule 1 is taken to be payable by the person who served the notice to produce under Part 34 of the Uniform Civil Procedure Rules 2005.

[5]      Clause 7 (3)

Insert after subclause (2):

(3) For the purposes only of subclause (2), a solicitor or other person by whom a person is carrying on proceedings is taken to be acting as an agent for that person.

[6]      Clause 9 Payment of hearing allocation fees

Omit subclause 9 (2). Insert instead:

(2) If a party is carrying on proceedings by a solicitor or other person, the party and solicitor or other person are jointly and severally liable for the payment of the hearing allocation fee.

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Schedule 1 Amendments

[7]      Clause 10 Payment of hearing fees

Omit subclause (2). Insert instead:

(2) If a party is carrying on proceedings by a solicitor or other person, the party and solicitor or other person are jointly and severally liable for the payment of the hearing fee.

[8]      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
Matter for which fee payable	Standard fee	Corporation fee

1	Filing an originating process (other than an	$685	$1,370
originating process referred to in items 2–9)
2	Filing an originating process in the Equity	$1,566	$3,132
Division for entry in the Commercial List or the Technology and Construction List
3	Filing an originating process in the Equity	$630	$1,510
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	$605	—
$250,000
(c)	is $250,000 or more but less than	$763	—
$500,000
(d)	is $500,000 or more but less than	$1,150	—
$1,000,000
(e)	is $1,000,000 or more	$1,531	—
5	Filing in the Court of Appeal a holding	$134	$268
summons for leave to appeal or cross-appeal

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Amendments Schedule 1

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

6	Filing in the Court of Appeal an ordinary	$628	$1,256
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	$761	$1,522
Appeal
8	Filing a notice of appeal without appointment	$302	$604
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	$1,600	$3,200
been filed in the Court of Appeal
(b)	in proceedings in which a notice of	$2,059	$4,118
appeal without appointment has been filed
(c)	in any other proceedings	$2,361	$4,722

10 Allocating a date for hearing of the $1,307 $2,614

proceedings by one or more judges, a judge

and jury or an associate judge

11	Filing a requisition for trial by jury	$832	$1,664
12	For retention of jury after the first day of trial	$379 per day	$758 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 $622 —

under Division 2 of Part 5 of the Civil

Procedure Act 2005

14	Filing an application for an order for the	$474	$948
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
15	Hearing of proceedings by one of more judges,	$243	$486
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.

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Schedule 1 Amendments

Column 1	Column 2	Column 3
Matter for which fee payable	Standard fee	Corporation fee
16 Hearing of proceedings by an associate judge, for each half day of hearing on or after the 11th day	$219	$438

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 copies as the registrar orders to be printed) in	$544 per	$1,088 per
volume	volume

volumes of not more than 250 pages

18 Filing a notice of motion	$158	$316
19 Lodging a will otherwise than as an attachment to an originating process by which an application for a grant or resealing of probate is made	$33	—

20	Preparing a copy of a will	$46	—
21	Conducting a genealogical search on a probate	$87	—
file (for each file searched)
22	Conducting a search for an application for a	$46	—
grant or resealing of probate (for each file searched)
23	Lodging a caveat against an application for a	$32	$64
grant or resealing of probate

24 Conducting an adoption search (for each file $46 —

searched)

25 Issuing a registrar’s certificate as to the signature of a public notary $46 —

Part 2 District Court

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

1	Filing an originating process (other than an	$488	$976
originating process referred to in item 2)
2	Filing an originating process in relation to an	$202	$404
appeal

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Amendments Schedule 1

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

3	Allocating a date for hearing of the	$522	$1,044
proceedings by a judge, a judge and jury or a judicial registrar
4	Filing a requisition for trial by jury	$835	$1,670
5	For retention of jury after the first day of trial	$379 per day	$758 per day
Note. The fees under this item are to be paid by the party requesting a jury for the trial.
6	On referral of proceedings for arbitration	$618	—
under Division 2 of Part 5 of the Civil Procedure Act 2005
7	Filing an application for an order for the	$474	$948
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
8	Filing a notice of motion	$63	$126

Part 3 Local Courts

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

1	Filing an originating process, under Part 7 of	$180	$360
the Local Courts Act 1982, in a Local Court sitting in its General Division
2	Filing an originating process, under Part 7 of	$73	$146
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	$70	—
Local Courts Act 1982
4	Filing an application for an order for the	$313	$626
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
5	Serving or attempting service by post of	$31 for each	—
originating process by a Local Court	address to which process posted
6	Filing a notice of motion	$63	$126

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Schedule 1 Amendments

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

7 Filing a notice of appeal, or application for leave to appeal, to the District Court under Part 3 of the Crimes (Appeal and Review) Act

2001, as applied to proceedings under Part 6 of
the Local Courts Act 1982

(a)	in relation to a single notice	$85	—
(b)	in relation to more than 1 notice arising	$46	—

from the same court appearance

Part 4 Miscellaneous court fees

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

1	Issuing a subpoena (for production, to give	$61	$122
evidence, or both)
2	Receipt by the registrar of a document or thing	$61	$122
produced in compliance with a notice to produce under Part 34 of the Uniform Civil Procedure Rules 2005
3	Filing or registering a copy or certificate of a	$69	$138
judgment, order, determination, decree, adjudication or award of any other court or person under section 133 of the Civil Procedure Act 2005
4	Opening or keeping open the registry or part of	$540	$1,080
the registry:

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

5	Requesting production to the court of	$46	$92
documents held by another court
6	Furnishing a sealed or certified copy of a	$46	—
judgment or order, or of the written opinion or reasons for opinion of any judicial or other officer of the court

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Amendments Schedule 1

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

7	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 6)	(or part thereof) after the first 20 pages
8	Retrieving and providing access to, but not	Nil	—
furnishing a copy of, any document

9	Supplying a duplicate tape recording of	$38 per cassette —
sound-recorded evidence

10 Supplying a transcript of any proceedings:

(a)	where the matter being transcribed is	$70, plus an	—
under 3 months old	additional $8.50 for each page after the first 8 pages
(b)	where the matter being transcribed is 3	$85, plus an	—
months old or older	additional $9.70 for each page after the first 8 pages
11	Providing any service for which a fee is not	$32	$64
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	$50 for each address at which, and
document, including service by post and	each occasion on which, service is
preparation of affidavit of service	effected or attempted
2	Executing or attempting execution of an	$61 for each address at which, and
arrest warrant under section 97 of the	each occasion on which, execution is
Civil Procedure Act 2005	effected or attempted

2007 No 278

Civil Procedure Amendment (Fees) Regulation 2007

Schedule 1 Amendments

Column 1	Column 2
Matter for which fee payable	Fee

3	Executing or attempting execution of a	$255 for each address at which, and
writ of possession under Part 8 of the	each occasion on which, execution is
Civil Procedure Act 2005	effected or attempted
4	Executing or attempting execution of a	$61 for each address at which, and
writ of delivery under Part 8 of the Civil	each occasion on which, execution is
Procedure Act 2005	effected or attempted
5	Executing or attempting execution of a	$61 for each address at which, and
writ for the levy of property under Part	each occasion on which, execution is
8 of the Civil Procedure Act 2005	effected or attempted, plus 3% of the
Note. The 3% levy in Column 2 is not	proceeds of enforcement
payable in relation to writs executed by the Marshal in Admiralty
6	Executing or attempting execution of	$255 for each address at which, and
any court process (other than a warrant	each occasion on which, execution is
or writ referred to in item 2, 3, 4 or 5)	effected or attempted
7	Preparing for sale of land following	$623
receipt of notice of sale from judgment creditor (UCPR rule 39.22)
8	Furnishing a certified copy of a writ for	$17
the levy of property for registration under section 105A of the Real Property Act 1900
9	Providing Sheriff’s officers to guard	$340 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	$135
proceedings
11	Opening or keeping open the Sheriff’s	$544
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 furnishing a copy of any document	$10, plus $5 for each 10 pages (or part
thereof) after the first 20 pages

(otherwise than as provided by item 8)

BY AUTHORITY