Civil Procedure Amendment (Fees) Regulation 2014 (NSW)

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New South Wales

Civil Procedure Amendment (Fees)

Regulation 2014

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.

BRAD HAZZARD, 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).
Civil Procedure Amendment (Fees) Regulation 2014

under the

Civil Procedure Act 2005

1      Name of Regulation

This Regulation is the Civil Procedure Amendment (Fees) Regulation 2014.

2      Commencement

This Regulation commences on 1 July 2014 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Civil Procedure Regulation 2012

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 an originating $1,028.00 $2,816.00
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 than $685.00
$250,000.00
(c) is $250,000.00 or more but less than $949.00
$500,000.00
(d) is $500,000.00 or more but less than $1,424.00
$1,000,000.00
(e) is $1,000,000.00 or more but less than $1,899.00
$2,000,000.00
(f) is $2,000,000.00 or more but less than $3,164.00
$5,000,000.00
(g) is $5,000,000.00 or more $5,274.00
3 Filing in the Court of Appeal a notice of intention to $294.00 $672.00
appeal
4 Filing in the Court of Appeal a summons seeking leave $1,052.00 $2,059.00
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 seeking leave $1,346.00 $2,730.00
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 appeal has been $2,075.00 $4,208.00
granted
(b) in proceedings where a notice of intention to $3,127.00 $6,267.00
appeal has been filed by the same party
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
(c) in any other proceedings $3,421.00 $6,939.00
7 Allocating a date for hearing of the proceedings by one $2,053.00 $4,692.00
or more judges, a judge and jury or an associate judge
8 Filing a requisition for trial by jury $1,061.00 $2,122.00
9 Retaining a jury after the first day of trial $484.00 per day $968.00 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 under Division 2 $793.00
of Part 5 of the Civil Procedure Act 2005
11 Filing an application for an order for the rehearing of $604.00 $1,211.00
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 $818.00 $1,877.00
(b) on the 5th, 6th, 7th, 8th or 9th day $1,315.00 $3,260.00
(c) on or after the 10th day $2,647.00 $6,433.00
13 Hearing of proceedings by an associate judge, for each $719.00 $1,438.00
day of hearing or part of a day of hearing on or after the
2nd day
14 Preparing appeal papers (for such number of copies as $694.00 per $1,388.00 per
the registrar orders to be printed) in volumes of not volume volume
more than 250 pages
15 Filing a notice of motion $377.00 $862.00
16 Preparing a copy of a will $57.00
17 Conducting a genealogical search on a probate file (for $110.00
each file searched)
18 Conducting a search for an application for a grant of $57.00
representation or reseal of a grant of representation (for
each file searched)
19 Lodging a caveat against an application for a grant of $40.00 $80.00
representation or reseal of a grant of representation
20 Conducting an adoption search (for each file searched) $57.00
21 Issuing a registrar’s certificate as to the signature of a $57.00
public notary
22 Publishing on the NSW Online Registry website a $42.00
notice of intention to apply for a grant of representation
or reseal of a grant of representation
23 Publishing on the NSW Online Registry website a $42.00
notice of intended distribution
24 Publishing on the NSW Online Registry website a $42.00
notice of application for passing accounts
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
25 Republishing on the NSW Online Registry website a $17.00
notice of intention to apply for a grant of representation
or reseal of a grant of representation
26 Republishing on the NSW Online Registry website a $17.00
notice of intended distribution
27 Republishing on the NSW Online Registry website a $17.00
notice of application for passing accounts
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 the Court’s $875.00 $1,750.00
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 $875.00 $1,750.00
(b) is $500,000.00 or more but less than $4,003.00 $5,315.00
$1,000,000.00
(c) is $1,000,000.00 or more $5,000.00 $6,641.00
3 Filing an originating process in Class 2 of the Court’s $875.00 $1,750.00
jurisdiction (other than an originating process referred
to in item 4)
4 Filing an originating process in Class 2 of the Court’s $228.00 $456.00
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 the Court’s $875.00 $1,750.00
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 $307.00 $614.00
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 than $484.00 $968.00
$1,000,000.00
(c) is $1,000,000.00 or more $875.00 $1,750.00

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 $875.00 $1,750.00
(b) is $500,000.00 or more but less than $4,003.00 $5,315.00

$1,000,000.00

(c) is $1,000,000.00 or more $5,000.00 $6,641.00
8 Filing an originating process in Class 4 of the Court’s $875.00 $1,750.00
jurisdiction
9 Filing an originating process in Class 8 of the Court’s $228.00 $456.00
jurisdiction
10 Filing a process to commence an appeal to the Court $2,045.00 $4,090.00
under section 56A of the Land and Environment Court
Act 1979
11 Filing a notice of motion $203.00 $406.00
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 an originating $624.00 $1,248.00
process referred to in item 2)
2 Filing an originating process in relation to an appeal $257.00 $514.00
3 Allocating a date for hearing of the proceedings by a $667.00 $1,334.00
judge, a judge and jury or a judicial registrar
4 Filing a requisition for trial by jury $1,066.00 $2,132.00
5 Retaining a jury after the first day of trial $484.00 per day $968.00 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 under Division 2 $789.00
of Part 5 of the Civil Procedure Act 2005
7 Filing an application for an order for the rehearing of $604.00 $1,208.00
proceedings under Division 3 of Part 5 of the Civil
Procedure Act 2005
8 Filing a notice of motion $80.00 $160.00
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 of the Local $228.00 $456.00
Court Act 2007, in the Local Court sitting in its General
Division
2 Filing an originating process, under Part 3 of the Local $93.00 $186.00
Court Act 2007, in the Local Court sitting in its Small
Claims Division
3 Filing an application notice under Part 4 of the Local $87.00
Court Act 2007
4 Filing an application for an order for the rehearing of $399.00 $798.00
proceedings under Division 3 of Part 5 of the Civil
Procedure Act 2005
5 Serving or attempting service by post of originating $39.00 for each
process by the Local Court address to which
process posted
6 Filing a notice of motion $80.00 $160.00

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 $108.00
(b) in relation to more than 1 notice arising from the $57.00
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 give evidence, or $78.00 $156.00
both)
2 Receipt by the registrar of a document or thing $78.00 $156.00
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 of a judgment, $86.00 $172.00

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 part of the $688.00 $1,376.00
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 documents held $57.00 $114.00
by another court
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
6 Furnishing one or more sealed or certified copies of a $57.00

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 copy of $12.00, plus
any document (otherwise than as provided for by $6.00 for each
items 6, 8 and 10) 10 pages (or part
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 $13.00 per file

or box of files

(ii) non-standard retrieval request (including Such additional
an urgent, high or after hours priority fee incurred by a
retrieval request or a retrieval request for court

delivery to or from a regional location outside the Sydney metropolitan area)

(b) the State Archives—standard retrieval request $32.50 per file
or box of files
9 Supplying a duplicate recording of sound-recorded $49.30
evidence—per cassette tape or disc
10 Supplying a copy of a transcript of any proceedings:
(a) where the matter being transcribed is under $83.30, plus an
3 months old additional
$10.20 for each
page after the
first 8 pages
(b) where the matter being transcribed is 3 months $102.40, plus an
old or older additional
$11.60 for each
page after the
first 8 pages
11 Providing any service for which a fee is not otherwise $40.00 $80.00
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 document, $62.00 for each address at which, and
including service by post and preparation of each occasion on which, service is
affidavit of service effected or attempted
2 Executing or attempting execution of an arrest $78.00 for each address at which, and
warrant under section 97 of the Civil Procedure each occasion on which, execution is
Act 2005 effected or attempted
3 Executing or attempting execution of a writ of $324.00 for each address at which, and
possession under Part 8 of the Civil Procedure each occasion on which, execution is
Act 2005 effected or attempted
4 Executing or attempting execution of a writ of $78.00 for each address at which, and
delivery under Part 8 of the Civil Procedure Act each occasion on which, execution is
2005 effected or attempted
5 Executing or attempting execution of a writ for $78.00 for each address at which, and
the levy of property under Part 8 of the Civil each occasion on which, execution is
Procedure Act 2005 effected or attempted, plus 3% of the
Note. The 3% levy in Column 2 is not payable in relation proceeds of enforcement
to writs executed by the Marshal in Admiralty.
6 Executing or attempting execution of any court $324.00 for each address at which, and
process (other than a warrant or writ referred to in each occasion on which, execution is
item 2, 3, 4 or 5) effected or attempted
7 Preparing for sale of land following receipt of $794.00
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 for the levy $24.00
of property for registration under section 105A of
the Real Property Act 1900
9 Providing Sheriff’s officers to guard property $433.00 per Sheriff’s officer per day
seized under a writ of execution under Part 8 of
the Civil Procedure Act 2005
10 Attending a view by a jury in civil proceedings $172.00
11 Opening or keeping open the Sheriff’s office on $695.00
a Saturday, Sunday or public holiday or on any
other day before 9 am or after 5 pm
12 Retrieving, providing access to and furnishing a $12.00, plus $6.00 for each 10 pages (or
copy of any document (otherwise than as part of 10 pages) after the first 20 pages
provided by item 8)
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