Civil Procedure Amendment (Fees) Regulation 2010 (NSW)
2010 No 327
New South Wales
Civil Procedure Amendment (Fees)
Regulation 2010
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, MLC
Attorney General
Explanatory note
The objects of this Regulation are:
| (a) | to increase the fees payable in relation to civil proceedings generally and other fees that are payable to the Sheriff, and |
| (b) | to provide that the fees for the filing of notices of cross-appeal in the Court of Appeal of the Supreme Court are the same as the fees for the filing of notices of appeal in that Court. |
This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).
| Published LW 1 July 2010 | Page 1 |
| 2010 No 327 | |
| Clause 1 | Civil Procedure Amendment (Fees) Regulation 2010 |
Civil Procedure Amendment (Fees) Regulation 2010
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Amendment (Fees)
Regulation 2010.
2 Commencement
This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.
2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
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
Item Matter for which fee payable Standard fee Corporation
fee
1 Filing an originating process (other than $779 $1,558 an originating process referred to in
items 2–9)2 Filing an originating process for the $831 $1,662 winding up or reinstatement of a
corporation under the Corporations
Act 2001 of the CommonwealthNote. The fees under this item include the fee for the furnishing of a sealed copy of the winding up or reinstatement order set out in item 6 of
Part 5. 3 Filing an originating process in the Equity $1,782 $3,564 Division for entry in the Commercial List or the Technology and Construction List
4 Filing an originating process in the Equity $717 $1,717 Division for entry in the Admiralty List 5
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 $687 — $250,000 (c) is $250,000 or more but less than $867 — $500,000
2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
(d) is $500,000 or more but less than $1,308 — $1,000,000 (e) is $1,000,000 or more $1,741 —
6 Filing in the Court of Appeal a notice of $256 $512 intention to appeal 7 Filing in the Court of Appeal a summons $609 $1,218 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 filed8
Filing in the Court of Appeal a notice of appeal or notice of cross-appeal:
(a) in proceedings in which leave to $1,820 $3,640 appeal has been granted (b) in proceedings in which a notice of $2,429 $4,858 intention to appeal has been filed (c) in any other proceedings $2,684 $5,368
9 Filing in the Court of Appeal any other $865 $1,730 originating process 10 Allocating a date for hearing of the $1,486 $2,972 proceedings by one or more judges, a
judge and jury or an associate judge11 Filing a requisition for trial by jury $945 $1,890 12 Retaining a jury after the first day of trial $431 per day $862 per day Note. The fees under this item are to be paid by the party requesting a jury for the trial.
13 Referring proceedings for arbitration $707 — under Division 2 of Part 5 of the Civil
Procedure Act 200514 Filing an application for an order for the $539 $1,078 rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
15 Hearing of proceedings by one or more $374 $748 judges, for each half day of hearing on or
after the 2nd 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 Hearing of proceedings by an associate $337 $674 judge, for each half day of hearing on or
after the 2nd 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.
17 Preparing appeal papers (for such number $619 per $1,238 per of copies as the registrar orders to be volume volume printed) in volumes of not more than
250 pages18 Filing a notice of motion $180 $360 19 Preparing a copy of a will $52 — 20 Conducting a genealogical search on a $99 — probate file (for each file searched) 21 Conducting a search for an application for $52 — a grant or resealing of probate (for each
file searched)22 Lodging a caveat against an application $36 $72 for a grant or resealing of probate 23 Conducting an adoption search (for each $52 — file searched) 24 Issuing a registrar’s certificate as to the $52 — signature of a public notary
2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
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 Part 1 of Schedule 3 to the Criminal Procedure Regulation 2005.
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
1 Filing an originating process in Class 1 of $779 $1,558 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 $779 $1,558 (b) is $500,000 or more but less than $3,564 $4,732 $1,000,000 (c) is $1,000,000 or more $4,451 $5,913
3 Filing an originating process in Class 2 of $779 $1,558 the Court’s jurisdiction (other than an
originating process referred to in item 4)4 Filing an originating process in Class 2 of $205 $410 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 $779 $1,558 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 $274 $548 2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
(b) is $500,000 or more but less than $431 $862 $1,000,000 (c) is $1,000,000 or more $779 $1,558 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 $779 $1,558 (b) is $500,000 or more but less than $3,564 $4,732 $1,000,000
(c) is $1,000,000 or more $4,451 $5,913
8 Filing an originating process in Class 4 of $779 $1,558 the Court’s jurisdiction 9 Filing an originating process in Class 8 of $205 $410 the Court’s jurisdiction 10 Filing a process to commence an appeal to $1,820 $3,640 the Court under section 56A of the Land
and Environment Court Act 197911 Filing a notice of motion $180 $360
Part 3 District Court
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
1 Filing an originating process (other than $555 $1,110 an originating process referred to in
item 2)2 Filing an originating process in relation to $230 $460 an appeal
2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
3 Allocating a date for hearing of the $594 $1,188 proceedings by a judge, a judge and jury or
a judicial registrar4 Filing a requisition for trial by jury $950 $1,900 5 Retaining a jury after the first day of trial $431 per day $862 per day Note. The fees under this item are to be paid by the party requesting a jury for the trial.
6 Referring proceedings for arbitration $703 — under Division 2 of Part 5 of the Civil
Procedure Act 20057 Filing an application for an order for the $539 $1,078 rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
8 Filing a notice of motion $72 $144
Part 4 Local Court
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
1 Filing an originating process, under Part 3 $205 $410 of the Local Court Act 2007, in the Local
Court sitting in its General Division2 Filing an originating process, under Part 3 $83 $166 of the Local Court Act 2007, in the Local Court sitting in its Small Claims Division
3 Filing an application notice under Part 4 of $79 — the Local Court Act 2007 4 Filing an application for an order for the $356 $712 rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
5 Serving or attempting service by post of $35 for each — originating process by the Local Court address to
which process
posted6 Filing a notice of motion $72 $144 2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee7 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 4 of the Local Court Act 2007:
(a) in relation to a single notice $97 — (b) in relation to more than 1 notice $52 — arising from the same court
appearance
Part 5 Miscellaneous court fees
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
1 Issuing a subpoena (for production, to $70 $140 give evidence, or both) 2 Receipt by the registrar of a document or $70 $140 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 $78 $156 of a judgment, order, determination,
decree, adjudication or award of any other
court or person under section 133 of the
Civil Procedure Act 20054 Opening or keeping open the registry or $614 $1,228 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 $52 $104 documents held by another court 6 Furnishing one or more sealed or certified $52 — copies of a judgment or order, or of the
written opinion or reasons for opinion of
any judicial or other officer of the court
2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
7 Retrieving, providing access to and $10.80, plus — furnishing a copy of any document $5.40 for each (otherwise than as provided for by 10 pages (or items 6, 8 and 10) part of 10
pages) after the
first 20 pages8 Retrieving and providing access to, but Nil — not furnishing a copy of, any document 9 Supplying a duplicate tape recording of $44 per — sound-recorded evidence cassette 10
Supplying a copy of a transcript of any proceedings:
(a) where the matter being transcribed $79, plus an — is under 3 months old additional
$9.70 for each
page after the
first 8 pages(b) where the matter being transcribed $97, plus an — is 3 months old or older
additional $11 for each page after the first 8 pages
11 Providing any service for which a fee is $36 $72 not 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
Item Matter for which fee payable Fee 1 Serving or attempting service of any $56 for each address at which, and document, including service by post each occasion on which, service is and preparation of affidavit of effected or attempted service
2010 No 327
Civil Procedure Amendment (Fees) Regulation 2010
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2
Item Matter for which fee payable Fee 2 Executing or attempting execution of $70 for each address at which, and an arrest warrant under section 97 of each occasion on which, execution is the Civil Procedure Act 2005 effected or attempted 3 Executing or attempting execution of $289 for each address at which, and a writ of possession under Part 8 of each occasion on which, execution is the Civil Procedure Act 2005 effected or attempted 4 Executing or attempting execution of $70 for each address at which, and a writ of delivery under Part 8 of the each occasion on which, execution is Civil Procedure Act 2005 effected or attempted 5 Executing or attempting execution of $70 for each address at which, and a writ for the levy of property under each occasion on which, execution is Part 8 of the Civil Procedure effected or attempted, plus 3% of the Act 2005 proceeds of enforcement Note. The 3% levy in Column 2 is not
payable in relation to writs executed by the
Marshal in Admiralty6 Executing or attempting execution of $289 for each address at which, and any court process (other than a each occasion on which, execution is warrant or writ referred to in item 2, effected or attempted 3, 4 or 5) 7 Preparing for sale of land following $708 receipt of notice of sale from
judgment creditor (UCPR rule 39.22)8 Furnishing a certified copy of a writ $20 for the levy of property for
registration under section 105A of
the Real Property Act 19009 Providing Sheriff’s officers to guard $386 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 $154 proceedings 11 Opening or keeping open the $619 Sheriff’s office on a Saturday, other day before 9 am or after 5 pm 12 Retrieving, providing access to and $10.80, plus $5.40 for each 10 pages furnishing a copy of any document (or part of 10 pages) after the first (otherwise than as provided by 20 pages item 8)
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