2012 No 280
Civil Procedure Amendment (Fees)
Regulation 2012
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 adjust certain fees payable under the Civil Procedure Act
2005 and, in particular:
| (a) | to increase certain fees payable in relation to civil proceedings generally and other fees that are payable to the Sheriff, and |
| (b) | to clarify the circumstances in which certain fees are payable in relation to appeals and cross-appeals in the Court of Appeal. |
This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).
| Published LW 29 June 2012 | Page 1 |
| 2012 No 280 |
| Clause 1 | Civil Procedure Amendment (Fees) Regulation 2012 |
Civil Procedure Amendment (Fees) Regulation 2012
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Amendment (Fees) Regulation
2012.
2 Commencement
This Regulation commences on 1 July 2012 and is required to be published on the NSW legislation website.
2012 No 280
Civil Procedure Amendment (Fees) Regulation 2012
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
| Schedule 1 | Amendment of Civil Procedure
Regulation 2005 |
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
grant of representation means a grant of probate, letters of administration or letters of administration with the will annexed.
[2] Schedules 1 and 2
Omit the Schedules. Insert instead:
(Clause 4)
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 1 | Filing an originating process (other than | $951 | $2,281 |
an originating process referred to in
items 2–6) |
| 2 | Filing an originating process by which an application for a grant of representation, or reseal of a grant of representation, 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 | $730 | — |
| $250,000 |
| (c) | is $250,000 or more but less than | $923 | — |
| $500,000 |
| (d) | is $500,000 or more but less than | $1,392 | — |
| $1,000,000 |
| (e) | is $1,000,000 or more | $1,853 | — |
| 3 | Filing in the Court of Appeal a notice of | $272 | $544 |
| intention to appeal |
2012 No 280
Civil Procedure Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 4 | Filing in the Court of Appeal a summons | $973 | $1,667 |
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 by the same party |
| 5 | Filing in the Court of Appeal a summons | $1,245 | $2,211 |
seeking leave to appeal or a
cross-summons seeking leave to
cross-appeal in proceedings where a
notice of intention to appeal has not been
filed by the same party |
| 6 | Filing in the Court of Appeal a notice of appeal or notice of cross-appeal: |
| (a) | in proceedings where leave to | $1,921 | $3,408 |
| appeal has been granted |
| (b) | in proceedings where a notice of | $2,894 | $5,075 |
intention to appeal has been filed
by the same party |
| (c) in any other proceedings proceedings by one or more judges, a
judge and jury or an associate judge | $3,166 | $5,619 |
| 7 | Allocating a date for hearing of the | $1,900 | $3,800 |
| 8 | Filing a requisition for trial by jury | $1,006 | $2,012 |
| 9 | Retaining a jury after the first day of trial | $459 per day | $918 per day |
| Note. The fees under this item are to be paid by the party requesting a jury for the trial. |
| 10 | Referring proceedings for arbitration | $752 | — |
under Division 2 of Part 5 of the Civil
Procedure Act 2005 |
| 11 | Filing an application for an order for the | $573 | $1,148 |
| rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 |
| 2012 No 280 |
Civil Procedure Amendment (Fees) Regulation 2012
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
12 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 | $757 | $1,520 | | (b) | on the 5th, 6th, 7th, 8th or 9th day | $1,217 | $2,640 | | (c) | on or after the 10th day | $2,450 | $5,210 | |
| 13 | | Hearing of proceedings by an associate | $682 | $1,364 | |
judge, for each day of hearing or part of a day of hearing on or after the 2nd day
| 14 | | Preparing appeal papers (for such | $658 per volume $1,316 per | |
| number of copies as the registrar orders | volume | |
to be printed) in volumes of not more
than 250 pages |
| 15 | | Filing a notice of motion | $349 | $698 | |
| 16 | | Preparing a copy of a will | $54 | — | |
| 17 | | Conducting a genealogical search on a | $104 | — | |
probate file (for each file searched)
| 18 | | Conducting a search for an application | $54 | — | |
for a grant of representation or reseal of
a grant of representation (for each file
searched) |
| 19 | | Lodging a caveat against an application | $38 | $76 | |
for a grant of representation or reseal of
a grant of representation |
| 20 | | Conducting an adoption search (for each | $54 | — | |
file searched)
| 21 | | Issuing a registrar’s certificate as to the | $54 | — | |
signature of a public notary
2012 No 280
Civil Procedure Amendment (Fees) Regulation 2012
| 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 2 to the Criminal Procedure Regulation 2010.
| 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 | $829 | $1,658 |
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 | $829 | $1,658 |
| (b) | is $500,000 or more but less than | $3,795 | $5,039 |
| $1,000,000 |
| (c) | is $1,000,000 or more | $4,740 | $6,297 |
| 3 | Filing an originating process in Class 2 of | $829 | $1,658 |
the Court’s jurisdiction (other than an
originating process referred to in item 4) |
| 4 | Filing an originating process in Class 2 of | $217 | $434 |
| 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 | $829 | $1,658 |
the Court’s jurisdiction (other than an
originating process referred to in item 6
or 7) |
| 2012 No 280 |
Civil Procedure Amendment (Fees) Regulation 2012
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
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 | $291 | $582 | | (b) | is $500,000 or more but less than | $459 | $918 | |
$1,000,000
| (c) | is $1,000,000 or more | $829 | $1,658 |
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 | $829 | $1,658 | | (b) | is $500,000 or more but less than | $3,795 | $5,039 | |
$1,000,000
| (c) | is $1,000,000 or more | $4,740 | $6,297 |
| 8 | Filing an originating process in Class 4 of | $829 | $1,658 |
| the Court’s jurisdiction |
| 9 | Filing an originating process in Class 8 of | $217 | $434 |
| the Court’s jurisdiction |
| 10 | Filing a process to commence an appeal | $1,939 | $3,878 |
to the Court under section 56A of the
Land and Environment Court Act 1979 |
| 11 | Filing a notice of motion | $192 | $384 |
2012 No 280
Civil Procedure Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 1 | Filing an originating process (other than | $591 | $1,182 |
an originating process referred to in
item 2) |
| 2 | Filing an originating process in relation to | $244 | $488 |
| an appeal |
| 3 | Allocating a date for hearing of the | $632 | $1,264 |
proceedings by a judge, a judge and jury
or a judicial registrar |
| 4 | Filing a requisition for trial by jury | $1,011 | $2,022 |
| 5 | Retaining a jury after the first day of trial | $459 per day | $918 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 | $748 | — |
under Division 2 of Part 5 of the Civil
Procedure Act 2005 |
| 7 | Filing an application for an order for the | $573 | $1,146 |
| rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 |
| 8 | Filing a notice of motion | $76 | $152 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 1 | Filing an originating process, under | $217 | $434 |
Part 3 of the Local Court Act 2007, in the
Local Court sitting in its General
Division |
| 2 | Filing an originating process, under | $88 | $176 |
Part 3 of the Local Court Act 2007, in the
Local Court sitting in its Small Claims
Division |
| 2012 No 280 |
Civil Procedure Amendment (Fees) Regulation 2012
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 3 | Filing an application notice under Part 4 | $83 | — |
| of the Local Court Act 2007 |
| 4 | Filing an application for an order for the | $379 | $758 |
| rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 |
| 5 | Serving or attempting service by post of | $37 for each | — |
| originating process by the Local Court | address to which
process posted |
| 6 | Filing a notice of motion | $76 | $152 |
| 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 | $102 | — |
| (b) | in relation to more than 1 notice | $54 | — |
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 | $74 | $148 |
| give evidence, or both) |
| 2 | Receipt by the registrar of a document or | $74 | $148 |
thing 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 | $82 | $164 |
| of a judgment, order, determination, decree, adjudication or award of any other court or person under section 133 |
| of the Civil Procedure Act 2005 |
2012 No 280
Civil Procedure Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 4 | Opening or keeping open the registry or | $653 | $1,306 |
| part of 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 | $54 | $108 |
| documents held by another court |
| 6 | Furnishing one or more sealed or | $54 | — |
certified 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 | $11.40, plus | — |
| furnishing a copy of any document | $5.65 for each |
| (otherwise than as provided for by | 10 pages (or part |
| items 6, 8 and 10) | of 10 pages) after the first 20 pages |
| 8 | Retrieving and providing access to, but not furnishing a copy of, any file or box of files, where the file or box of files is retrieved from: |
| (a) | the Government Records
Repository or any other off-site
storage facility (other than the
State Archives): |
| (i) | standard retrieval request | $12.30 per file | — | |
or box of files
| (ii) | non-standard retrieval | Such additional | — |
| request (including an | fee incurred by a |
| urgent, high or after hours | court |
priority retrieval request or
a retrieval request for
delivery to or from a
regional location outside
the Sydney metropolitan
area) |
| (b) | the State Archives—standard | $30.85 per file | — |
| retrieval request | or box of files |
| 2012 No 280 |
Civil Procedure Amendment (Fees) Regulation 2012
| Amendment of Civil Procedure Regulation 2005 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 9 | Supplying a duplicate recording of | $46.75 | — |
sound-recorded evidence—per cassette
tape or disc |
| 10 | Supplying a copy of a transcript of any proceedings: |
| (a) | where the matter being | $79, plus an | — |
| transcribed is under 3 months old | additional $9.70
for each page
after the first
8 pages |
| (b) | where the matter being | $97, plus an | — |
| transcribed is 3 months old or | additional $11 |
| older | for each page after the first 8 pages |
| 11 | Providing any service for which a fee is | $38 | $76 |
| 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)
| Item Matter for which fee payable | Fee |
| 1 | Serving or attempting service of | $59 for each address at which, and each |
| any document, including service by | occasion on which, service is effected or |
| post and preparation of affidavit of | attempted |
| service |
| 2 | Executing or attempting execution | $74 for each address at which, and each |
| of an arrest warrant under | occasion on which, execution is effected |
| section 97 of the Civil Procedure | or attempted |
| Act 2005 |
| 3 | Executing or attempting execution | $307 for each address at which, and each |
| of a writ of possession under Part 8 | occasion on which, execution is effected |
| of the Civil Procedure Act 2005 | or attempted |
2012 No 280
Civil Procedure Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Civil Procedure Regulation 2005 |
| Item Matter for which fee payable | Fee |
| 4 | Executing or attempting execution | $74 for each address at which, and each |
| of a writ of delivery under Part 8 of | occasion on which, execution is effected |
| the Civil Procedure Act 2005 | or attempted |
| 5 | Executing or attempting execution | $74 for each address at which, and each |
| of a writ for the levy of property | occasion on which, execution is effected |
| under Part 8 of the Civil Procedure | or attempted, plus 3% of the proceeds of |
| Act 2005 | 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 | $307 for each address at which, and each |
| of any court process (other than a | occasion on which, execution is effected |
| warrant or writ referred to in | or attempted |
| item 2, 3, 4 or 5) |
| 7 | Preparing for sale of land following | $753 |
receipt of notice of sale from
judgment creditor under rule 39.22
of the Uniform Civil Procedure
Rules 2005 |
| 8 | Furnishing a certified copy of a writ | $22 |
for the levy of property for
registration under section 105A of
the Real Property Act 1900 |
| 9 | Providing Sheriff’s officers to | $411 per Sheriff’s officer per day |
guard 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 | $163 |
| proceedings |
| 11 | Opening or keeping open the | $659 |
| Sheriff’s office on a Saturday, other day before 9 am or after 5 pm |
| 12 | Retrieving, providing access to and | $11.40, plus $5.65 for each 10 pages (or |
| furnishing a copy of any document | part of 10 pages) after the first 20 pages |
(otherwise than as provided by
item 8) |