2013 No 333
Civil Procedure Amendment (Fees)
Regulation 2013
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.
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 28 June 2013 | Page 1 |
| 2013 No 333 |
| Clause 1 | Civil Procedure Amendment (Fees) Regulation 2013 |
Civil Procedure Amendment (Fees) Regulation 2013
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Amendment (Fees) Regulation
2013.
2 Commencement
This Regulation commences on 1 July 2013 and is required to be published on the NSW legislation website.
2013 No 333
Civil Procedure Amendment (Fees) Regulation 2013
| Amendment of Civil Procedure Regulation 2012 | Schedule 1 |
| Schedule 1 | Amendment of Civil Procedure
Regulation 2012 |
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 | $999.00 | $2,737.00 |
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 $100,000.00 | Nil | — |
| (b) | is $100,000.00 or more but less | $666.00 | — |
| than $250,000.00 |
| (c) | is $250,000.00 or more but less | $922.00 | — |
| than $500,000.00 |
| (d) | is $500,000.00 or more but less | $1,384.00 | — |
| than $1,000,000.00 |
| (e) | is $1,000,000.00 or more but less | $1,845.00 | — |
| than $2,000,000.00 |
| (f) | is $2,000,000.00 or more but less | $3,075.00 | — |
| than $5,000,000.00 |
| (g) | is $5,000,000.00 or more | $5,125.00 | — |
| 3 | Filing in the Court of Appeal a notice of | $286.00 | $653.00 |
| intention to appeal |
2013 No 333
Civil Procedure Amendment (Fees) Regulation 2013
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
| 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 | $1,022.00 | $2,000.00 |
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 | $1,308.00 | $2,653.00 |
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 | $2,017.00 | $4,090.00 |
| appeal has been granted |
| (b) | in proceedings where a notice of | $3,039.00 | $6,090.00 |
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 | $3,325.00 | $6,743.00 |
| 7 | Allocating a date for hearing of the | $1,995.00 | $4,560.00 |
| 8 | Filing a requisition for trial by jury | $1,031.00 | $2,062.00 |
| 9 | Retaining a jury after the first day of trial | $470.00 per day | $941.00 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 | $771.00 | — |
under Division 2 of Part 5 of the Civil
Procedure Act 2005 |
| 11 | Filing an application for an order for the | $587.00 | $1,177.00 |
| rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 |
| 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 | $795.00 | $1,824.00 |
| 2013 No 333 |
Civil Procedure Amendment (Fees) Regulation 2013
| Amendment of Civil Procedure Regulation 2012 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| (b) | on the 5th, 6th, 7th, 8th or 9th day $1,278.00 | $3,168.00 |
| (c) | on or after the 10th day | $2,572.00 | $6,252.00 |
| 13 | Hearing of proceedings by an associate | $699.00 | $1,398.00 |
| 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 | $674.00 per | $1,349.00 per |
| number of copies as the registrar orders | volume | volume |
to be printed) in volumes of not more
than 250 pages |
| 15 | Filing a notice of motion | $366.00 | $838.00 |
| 16 | Preparing a copy of a will | $55.00 | — |
| 17 | Conducting a genealogical search on a | $107.00 | — |
| probate file (for each file searched) |
| 18 | Conducting a search for an application | $55.00 | — |
for a grant of representation or reseal of a
grant of representation (for each file
searched) |
| 19 | Lodging a caveat against an application | $39.00 | $78.00 |
for a grant of representation or reseal of a
grant of representation |
| 20 | Conducting an adoption search (for each | $55.00 | — |
| file searched) |
| 21 | Issuing a registrar’s certificate as to the | $55.00 | — |
| signature of a public notary |
| 22 | Publishing on the NSW Online Registry | $41.00 | — |
website a notice of intention to apply for
a grant of representation or reseal of a
grant of representation |
2013 No 333
Civil Procedure Amendment (Fees) Regulation 2013
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
| 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 | $850.00 | $1,700.00 |
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 $500,000.00 | $850.00 | $1,700.00 |
| (b) | is $500,000.00 or more but less | $3,890.00 | $5,165.00 |
| than $1,000,000.00 |
| (c) is $1,000,000.00 or more the Court’s jurisdiction (other than an
originating process referred to in item 4) | $4,859.00 | $6,454.00 |
| 3 | Filing an originating process in Class 2 of | $850.00 | $1,700.00 |
| 4 | Filing an originating process in Class 2 of | $222.00 | $444.00 |
| 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 | $850.00 | $1,700.00 |
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 $500,000.00 | $298.00 | $596.00 |
| 2013 No 333 |
Civil Procedure Amendment (Fees) Regulation 2013
| Amendment of Civil Procedure Regulation 2012 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| (b) | is $500,000.00 or more but less | $470.00 | $940.00 |
| than $1,000,000.00 |
| (c) | is $1,000,000.00 or more | $850.00 | $1,700.00 |
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 $500,000.00 | $850.00 | $1,700.00 | | (b) | is $500,000.00 or more but less | $3,890.00 | $5,165.00 | |
than $1,000,000.00
| (c) | is $1,000,000.00 or more | $4,859.00 | $6,454.00 |
| 8 | Filing an originating process in Class 4 of | $850.00 | $1,700.00 |
| the Court’s jurisdiction |
| 9 | Filing an originating process in Class 8 of | $222.00 | $444.00 |
| the Court’s jurisdiction |
| 10 | Filing a process to commence an appeal | $1,987.00 | $3,975.00 |
to the Court under section 56A of the
Land and Environment Court Act 1979 |
| 11 | Filing a notice of motion | $197.00 | $394.00 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 1 | Filing an originating process (other than | $606.00 | $1,212.00 |
an originating process referred to in
item 2) |
| 2 | Filing an originating process in relation | $250.00 | $500.00 |
| to an appeal |
2013 No 333
Civil Procedure Amendment (Fees) Regulation 2013
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 3 | Allocating a date for hearing of the | $648.00 | $1,296.00 |
proceedings by a judge, a judge and jury
or a judicial registrar |
| 4 | Filing a requisition for trial by jury | $1,036.00 | $2,072.00 |
| 5 | Retaining a jury after the first day of trial | $470.00 per day | $940.00 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 | $767.00 | — |
under Division 2 of Part 5 of the Civil
Procedure Act 2005 |
| 7 | Filing an application for an order for the | $587.00 | $1,175.00 |
| rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 |
| 8 | Filing a notice of motion | $78.00 | $156.00 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 1 | Filing an originating process, under | $222.00 | $444.00 |
Part 3 of the Local Court Act 2007, in the
Local Court sitting in its General
Division |
| 2 | Filing an originating process, under | $90.00 | $180.00 |
Part 3 of the Local Court Act 2007, in the
Local Court sitting in its Small Claims
Division |
| 3 | Filing an application notice under Part 4 | $85.00 | — |
| of the Local Court Act 2007 |
| 4 | Filing an application for an order for the | $388.00 | $777.00 |
| rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 |
| 2013 No 333 |
Civil Procedure Amendment (Fees) Regulation 2013
| Amendment of Civil Procedure Regulation 2012 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 5 | Serving or attempting service by post of | $38.00 for each | — |
| originating process by the Local Court | address to which
process posted |
| 6 | Filing a notice of motion | $78.00 | $156.00 |
| 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 | $105.00 | — |
| (b) | in relation to more than 1 notice | $55.00 | — |
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 | $76.00 | $152.00 |
| give evidence, or both) |
| 2 | Receipt by the registrar of a document or | $76.00 | $152.00 |
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 | $84.00 | $168.00 |
| of 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 | $669.00 | $1,338.00 |
| part of the registry: |
| (a) | on a Saturday, Sunday or public holiday |
| (b) | on any other day before 9 am or after 5 pm |
2013 No 333
Civil Procedure Amendment (Fees) Regulation 2013
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
| 5 | Requesting production to the court of | $55.00 | $110.00 |
| documents held by another court |
| 6 | Furnishing one or more sealed or certified | $55.00 | — |
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 | $11.70, plus | — |
| furnishing a copy of any document | $5.80 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 | $12.60 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 | $31.60 per file | — |
| retrieval request | or box of files |
| 9 | Supplying a duplicate recording of | $47.90 | — |
sound-recorded evidence—per cassette
tape or disc |
| 2013 No 333 |
Civil Procedure Amendment (Fees) Regulation 2013
| Amendment of Civil Procedure Regulation 2012 | Schedule 1 |
| Column 1 | Column 2 | Column 3 |
| Item Matter for which fee payable | Standard fee | Corporation
fee |
10 Supplying a copy of a transcript of any proceedings:
| (a) | where the matter being | $81.00, plus an | — | |
| transcribed is under 3 months old | additional $9.95
for each page
after the first 8
pages |
| (b) | where the matter being | $99.50, plus an | — |
| transcribed is 3 months old or | additional |
| older | $11.30 for each
page after the
first 8 pages |
| 11 | Providing any service for which a fee is | $39.00 | $78.00 |
| 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 any | $60.50 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 | $76.00 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 | $315.00 for each address at which, |
| a writ of possession under Part 8 of | and each occasion on which, |
| the Civil Procedure Act 2005 | execution is effected or attempted |
| 4 | Executing or attempting execution of | $76.00 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 |
2013 No 333
Civil Procedure Amendment (Fees) Regulation 2013
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
| Item | Matter for which fee payable | Fee |
| 5 | Executing or attempting execution of | $76.00 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 | $315.00 for each address at which, |
| any court process (other than a | and each occasion on which, |
| warrant or writ referred to in item 2, | execution is effected or attempted |
| 3, 4 or 5) |
| 7 | Preparing for sale of land following | $772.00 |
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 | $23.00 |
for the levy of property for
registration under section 105A of
the Real Property Act 1900 |
| 9 | Providing Sheriff’s officers to guard | $421.00 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 | $167.00 |
| proceedings |
| 11 | Opening or keeping open the | $675.00 |
| Sheriff’s office on a Saturday, other day before 9 am or after 5 pm |
| 12 | Retrieving, providing access to and | $11.70, plus $5.80 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) |