Civil Procedure Amendment (Fees) Regulation 2011 (NSW)
2011 No 378
New South Wales
Civil Procedure Amendment (Fees)
Regulation 2011
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.
GREG SMITH, MP
Attorney General
Explanatory note
The object of this Regulation is to increase certain fees payable in relation to civil proceedings
generally and other fees that are payable to the Sheriff.
This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).
| Published LW 29 July 2011 | Page 1 |
| 2011 No 378 | |
| Clause 1 | Civil Procedure Amendment (Fees) Regulation 2011 |
Civil Procedure Amendment (Fees) Regulation 2011
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Amendment (Fees) Regulation
2011.
2 Commencement
This Regulation commences on 1 August 2011 and is required to be published on the NSW legislation website.
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| 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 Corporation fee fee 1 Filing an originating process (other than an $926 $2,219 originating process referred to in items 2–6) 2
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 $711 — $250,000 (c) is $250,000 or more but less than $898 — $500,000 (d) is $500,000 or more but less than $1,355 — $1,000,000 (e) is $1,000,000 or more $1,803 —
3 Filing in the Court of Appeal a notice of $265 $530 intention to appeal 4 Filing in the Court of Appeal a summons $947 $1,622 seeking leave to appeal or a cross-summons seeking leave to cross-appeal in proceedings where a notice of intention to appeal has been
filed
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 5
Filing in the Court of Appeal a notice of appeal or notice of cross-appeal:
(a) in proceedings where leave to appeal $1,869 $3,315 has been granted (b) in proceedings where a notice of $2,850 $4,892 intention to appeal has been filed (c) in any other proceedings $3,115 $5,526
6 Filing in the Court of Appeal a summons $1,246 $2,211 seeking leave to appeal in proceedings where a notice of intention to appeal has not been filed
7 Allocating a date for hearing of the $1,850 $3,697 proceedings by one or more judges, a judge
and jury or an associate judge8 Filing a requisition for trial by jury $979 $1,958 9 Retaining a jury after the first day of trial $447 $894 per day Note. The fees under this item are to be paid by the per day party requesting a jury for the trial. 10 Referring proceedings for arbitration under $732 — Division 2 of Part 5 of the Civil Procedure Act
200511 Filing an application for an order for the $558 $1,117 rehearing of proceedings under Division 3 of
Part 5 of the Civil Procedure Act 200512
Hearing of proceedings by one or more judges, for each day of hearing or part of a day of hearing:
(a) on the 2nd, 3rd or 4th day $737 $1,479 (b) on the 5th, 6th, 7th, 8th or 9th day $1,184 $2,568 (c) on or after the 10th day $2,384 $5,068
13 Hearing of proceedings by an associate judge, $664 $1,328 for each day of hearing or part of a day of
hearing on or after the 2nd day14 Preparing appeal papers (for such number of $641 $1,282 copies as the registrar orders to be printed) in per volume per volume volumes of not more than 250 pages 15 Filing a notice of motion $340 $680
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 16 Preparing a copy of a will $53 — 17 Conducting a genealogical search on a probate $102 — file (for each file searched) 18 Conducting a search for an application for a $53 — grant or resealing of probate (for each file
searched)19 Lodging a caveat against an application for a $37 $74 grant or resealing of probate 20 Conducting an adoption search (for each file $53 — searched) 21 Issuing a registrar’s certificate as to the $53 — signature of a public notary
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 2 to the Criminal Procedure Regulation 2010.
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 1 Filing an originating process in Class 1 of the $807 $1,614 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 $807 $1,614 (b) is $500,000 or more but less than $3,692 $4,902 $1,000,000 (c) is $1,000,000 or more $4,611 $6,126
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 3 Filing an originating process in Class 2 of the $807 $1,614 Court’s jurisdiction (other than an originating process referred to in item 4)
4 Filing an originating process in Class 2 of the $212 $424 Court’s jurisdiction where the matter relates to
an application under the Trees (Disputes
Between Neighbours) Act 20065 Filing an originating process in Class 3 of the $807 $1,614 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 $284 $568 (b) is $500,000 or more but less than $447 $894 $1,000,000 (c) is $1,000,000 or more $807 $1,614 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 $807 $1,614 (b) is $500,000 or more but less than $3,692 $4,902 $1,000,000
(c) is $1,000,000 or more $4,611 $6,126
8 Filing an originating process in Class 4 of the $807 $1,614 Court’s jurisdiction 9 Filing an originating process in Class 8 of the $212 $424 Court’s jurisdiction
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 10 Filing a process to commence an appeal to the $1,887 $3,774 Court under section 56A of the Land and
Environment Court Act 197911 Filing a notice of motion $187 $374
Part 3 District Court
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee
1 Filing an originating process (other than an $575 $1,150 originating process referred to in item 2) 2 Filing an originating process in relation to an $238 $476 appeal 3 Allocating a date for hearing of the proceedings $615 $1,230 by a judge, a judge and jury or a judicial
registrar4 Filing a requisition for trial by jury $984 $1,968 5 Retaining a jury after the first day of trial $447 $894 per day Note. The fees under this item are to be paid by the per day party requesting a jury for the trial. 6 Referring proceedings for arbitration under $728 — Division 2 of Part 5 of the Civil Procedure Act
20057 Filing an application for an order for the $558 $1,117 rehearing of proceedings under Division 3 of
Part 5 of the Civil Procedure Act 20058 Filing a notice of motion $74 $148
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
Part 4 Local Court
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 1 Filing an originating process, under Part 3 of $212 $424 the Local Court Act 2007, in the Local Court
sitting in its General Division2 Filing an originating process, under Part 3 of $86 $172 the Local Court Act 2007, in the Local Court
sitting in its Small Claims Division3 Filing an application notice under Part 4 of the $81 — Local Court Act 2007 4 Filing an application for an order for the $369 $738 rehearing of proceedings under Division 3 of
Part 5 of the Civil Procedure Act 20055 Serving or attempting service by post of $36 for each — originating process by the Local Court address to
which
process
posted6 Filing a notice of motion $74 $148 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 4 of
the Local Court Act 2007:
(a) in relation to a single notice $100 — (b) in relation to more than 1 notice arising $53 — from the same court appearance
Part 5 Miscellaneous court fees
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee
1 Issuing a subpoena (for production, to give $72 $144 evidence, or both)
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee
2 Receipt by the registrar of a document or thing $72 $144 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 a $80 $160 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 part of $636 $1,272 the registry:
(a) on a Saturday, Sunday or public holiday (b)
on any other day before 9 am or after 5 pm
5 Requesting production to the court of $53 $106 documents held by another court 6 Furnishing one or more sealed or certified $53 — copies of a judgment or order, or of the written opinion or reasons for opinion of any judicial or other officer of the court
7 Retrieving, providing access to and furnishing a $11.10, plus — copy of any document (otherwise than as $5.50 for provided for by items 6, 8 and 10) each
10 pages
(or part of
10 pages)
after the
first
20 pages8 Retrieving and providing access to, but not Nil — furnishing a copy of, any document 9 Supplying a duplicate recording of $45.50 — sound-recorded evidence—per cassette tape or
disc
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 10 Supplying a copy of a transcript of any proceedings:
(a) where the matter being transcribed is $79, plus an —
under 3 months old
additional $9.70 for each page after the
first 8 pages
(b) where the matter being transcribed is $97, plus an — 3 months old or older additional
$11 for
each page
after the
first 8 pages
11 Providing any service for which a fee is not $37 $74 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 $58 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 $72 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 $299 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 $72 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
2011 No 378
Civil Procedure Amendment (Fees) Regulation 2011
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
Column 1 Column 2
Item Matter for which fee payable Fee 5 Executing or attempting execution of $72 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 Act effected or attempted, plus 3% of the 2005 proceeds of enforcement Note. The 3% levy in Column 2 is not
payable in relation to writs executed by the
Marshal in Admiralty.6 Executing or attempting execution of $299 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 $733 receipt of notice of sale from
judgment creditor under rule 39.22 of
the Uniform Civil Procedure Rules
20058 Furnishing a certified copy of a writ $21 for the levy of property for
registration under section 105A of
the Real Property Act 19009 Providing Sheriff’s officers to guard $400 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 $159 proceedings 11 Opening or keeping open the $641 Sheriff’s office on a Saturday, other day before 9 am or after 5 pm 12 Retrieving, providing access to and $11.10, plus $5.50 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)
0
0
0