Civil Procedure Amendment (Fees) Regulation 2008 (NSW)
2008 No 219
New South Wales
Civil Procedure Amendment (Fees)
Regulation 2008
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.
JOHN HATZISTERGOS, M.L.C.,
Attorney General
Explanatory note
The object of this Regulation is to amend the Civil Procedure Regulation 2005 (the Principal
Regulation) so as:
| (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 bring into the Principal Regulation the fees payable in relation to proceedings before the Land and Environment Court in Class 1, 2, 3 or 4 of its jurisdiction. |
This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).
| Published in Gazette No 76 of 27 June 2008, page 5977 | Page 1 |
| 2008 No 219 | |
| Clause 1 | Civil Procedure Amendment (Fees) Regulation 2008 |
Civil Procedure Amendment (Fees) Regulation 2008
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Amendment (Fees) Regulation
2008.
2 Commencement
This Regulation commences on 1 July 2008.
3 Amendment of Civil Procedure Regulation 2005
The Civil Procedure Regulation 2005 is amended as set out in
Schedule 1.
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 4 Fees payable in relation to court proceedings
Insert after clause 4 (1) (a):
(a1) the Land and Environment Court,
[2] Clause 4 (2), note
Omit “Parts 1–3” and “Part 4”.
Insert instead “Parts 1–4” and “Part 5” respectively.[3] Clause 7 Persons by and to whom fees are payable
Omit “Part 4” from clause 7 (1A). Insert instead “Part 5”.
[4] 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
CorporationMatter for which fee payable Standard fee fee
1 Filing an originating process (other than an $718 $1,436 originating process referred to in items
2–8)2 Filing an originating process in the Equity $1,642 $3,284 Division for entry in the Commercial List or the Technology and Construction List
3 Filing an originating process in the Equity $661 $1,583 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 —
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
(b) is $50,000 or more but less than $634 — $250,000 (c) is $250,000 or more but less than $800 — $500,000 (d) is $500,000 or more but less than $1,206 — $1,000,000 (e) is $1,000,000 or more $1,605 — 5 Filing in the Court of Appeal a notice of $236 $472 intention to appeal 6 Filing in the Court of Appeal a summons $562 $1,124 seeking leave to appeal or a cross-summons seeking leave to cross-appeal in respect of a matter where a notice of intention to
appeal has been filed 7
Filing in the Court of Appeal a notice of appeal:
(a) in proceedings in which leave to $1,678 $3,356 appeal has been granted (b) in proceedings in which a notice of $2,240 $4,480 intention to appeal has been filed (c) in any other proceedings $2,475 $4,950 8 Filing in the Court of Appeal any other $798 $1,596 originating process 9 Allocating a date for hearing of the $1,370 $2,740 proceedings by one or more judges, a judge
and jury or an associate judge10 Filing a requisition for trial by jury $872 $1,744 11 For retention of jury after the first day of $397 per day $794 per day trial Note. The fees under this item are to be paid by the party requesting a jury for the trial.
12 On referral of proceedings for arbitration $652 — under Division 2 of Part 5 of the Civil
Procedure Act 200513 Filing an application for an order for the $497 $994 rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
14 Hearing of proceedings by one of more $255 $510 judges, for each half day of hearing on or
after the 11th dayNote. 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.
15 Hearing of proceedings by an associate $230 $460 judge, for each half day of hearing on or
after the 11th dayNote. 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 Preparing appeal papers (for such number $570 per volume $1,140 per
of copies as the registrar orders to be volume printed) in volumes of not more than 250
pages
17 Filing a notice of motion $166 $332 18 Lodging a will otherwise than as an $35 — attachment to an originating process by
which an application for a grant or
resealing of probate is made19 Preparing a copy of a will $48 — 20 Conducting a genealogical search on a $91 — probate file (for each file searched) 21 Conducting a search for an application for $48 — a grant or resealing of probate (for each file
searched)22 Lodging a caveat against an application for $34 $68 a grant or resealing of probate 23 Conducting an adoption search (for each $48 — file searched) 24 Issuing a registrar’s certificate as to the $48 — signature of a public notary
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Schedule 1 | Amendments |
Part 2 Land and Environment Court Note. Fees that are payable in relation to proceedings before the Land and Environment Court in Class 5, 6 or 7 of its jurisdiction are set out in regulations under the Land and Environment Court Act 1979.
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
1 Filing an originating process in Class 1 of $718 $1,436 the Court’s jurisdiction (other than an
originating process referred to in item 2)2
Filing an originating process in Class 1 of the Court’s jurisdiction under section 97 of the Environmental Planning and
Assessment Act 1979 where the matter relates to a development application (other than a development application relating to the subdivision of land) or to a building application, and where the value of the development or building:
(a) is less than $500,000 $718 $1,436 (b) is $500,000 or more but less than $3,286 $4,362 $1,000,000 (c) is $1,000,000 or more $4,104 $5,452 3 Filing an originating process in Class 2 of $718 $1,436 the Court’s jurisdiction (other than an
originating process referred to in item 4)4 Filing an originating process in Class 2 of $189 $378 the Court’s jurisdiction where the matter relates to an application under the Trees (Disputes Between Neighbours) Act 2006
5 Filing an originating process in Class 3 of $718 $1,436 the Court’s jurisdiction (other than an
originating process referred to in item 6
or 7)6
Filing an originating process in Class 3 of the Court’s jurisdiction where the matter relates to an appeal or objection against a valuation of land, and where the value of the land, as determined by the respondent valuing authority:
(a) is less than $500,000 $252 $504 2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
(b) is $500,000 or more but less than $397 $794 $1,000,000 (c) is $1,000,000 or more $718 $1,436 7 Filing an originating process in Class 3 of the Court’s jurisdiction where the matter relates to a claim for compensation for the compulsory acquisition of land, as referred to in section 24 of the Land and Environment Court Act 1979, and where the amount offered as compensation by the resuming or constructing authority:
(a) is less than $500,000 $718 $1,436 (b) is $500,000 or more but less than $3,286 $4,362 $1,000,000
(c) is $1,000,000 or more $4,104 $5,452 8 Filing an originating process in Class 4 of $718 $1,436 the Court’s jurisdiction 9 Filing a process to commence an appeal to $1,678 $3,355 the Court under section 56A of the Land
and Environment Court Act 197910 Filing a notice of motion $166 $332
Part 3 District Court
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
1 Filing an originating process (other than an $512 $1,024 originating process referred to in item 2) 2 Filing an originating process in relation to $212 $424 an appeal 3 Allocating a date for hearing of the $547 $1,094 proceedings by a judge, a judge and jury or
a judicial registrar4 Filing a requisition for trial by jury $875 $1,750
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
5 For retention of jury after the first day of $397 per day $794 per day trial 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 $648 — under Division 2 of Part 5 of the Civil
Procedure Act 20057 Filing an application for an order for the $497 $994 rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
8 Filing a notice of motion $66 $132
Part 4 Local Courts
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
1 Filing an originating process, under Part 7 $189 $378 of the Local Courts Act 1982, in a Local
Court sitting in its General Division2 Filing an originating process, under Part 7 $77 $154 of the Local Courts Act 1982, in a Local Court sitting in its Small Claims Division
3 Filing an application notice under Part 6 of $73 — the Local Courts Act 1982 4 Filing an application for an order for the $328 $656 rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
5 Serving or attempting service by post of $33 for each — originating process by a Local Court address to which
process posted6 Filing a notice of motion $66 $132 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:
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
(a) in relation to a single notice $89 — (b) in relation to more than 1 notice $48 — arising from the same court
appearance
Part 5 Miscellaneous court fees
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
1 Issuing a subpoena (for production, to give $64 $128 evidence, or both) 2 Receipt by the registrar of a document or $64 $128 thing produced in compliance with a notice
to produce under Part 34 of the Uniform
Civil Procedure Rules 20053 Filing or registering a copy or certificate of $72 $144 a 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 $566 $1,132 part of 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 $48 $96 documents held by another court 6 Furnishing a sealed or certified copy of a $48 — judgment or order, or of the written opinion
or reasons for opinion of any judicial or
other officer of the court7 Retrieving, providing access to and $10, plus $5 for — furnishing a copy of any document each 10 pages (otherwise than as provided for by item 6)
(or part thereof) after the first 20 pages
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3
CorporationMatter for which fee payable Standard fee fee
8 Retrieving and providing access to, but not Nil — furnishing a copy of, any document
9 Supplying a duplicate tape recording of $40 per cassette — sound-recorded evidence 10 Supplying a transcript of any proceedings:
(a) where the matter being transcribed $73, plus an — is under 3 months old additional $8.90
for each page
after the first 8
pages(b) where the matter being transcribed $89, plus an — is 3 months old or older additional
$10.20 for each
page after the
first 8 pages11 Providing any service for which a fee is not $34 $68 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 $52 for each address at which, and document, including service by post each occasion on which, service is and preparation of affidavit of service effected or attempted 2 Executing or attempting execution of an $64 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 3 Executing or attempting execution of a $267 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
2008 No 219
Civil Procedure Amendment (Fees) Regulation 2008
| Amendments | Schedule 1 |
Column 1 Column 2 Matter for which fee payable Fee
4 Executing or attempting execution of a $64 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 $64 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 Admiralty6 Executing or attempting execution of $267 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 $653 receipt of notice of sale from judgment
creditor (UCPR rule 39.22)8 Furnishing a certified copy of a writ for $18 the levy of property for registration
under section 105A of the Real
Property Act 19009 Providing Sheriff’s officers to guard $356 per Sheriff’s officer per day property seized under a writ of
execution under Part 8 of the Civil
Procedure Act 200510 Attending a view by a jury in civil $142 proceedings 11 Opening or keeping open the Sheriff’s $570 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)
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