Civil Procedure Amendment (Fees) Regulation 2015 (NSW)
New South Wales
Civil Procedure Amendment (Fees)
Regulation 2015
under the
Civil Procedure Act 2005
His Excellency the Governor, with the advice of the Executive Council, has made the following
Regulation under the Civil Procedure Act 2005.
GABRIELLE UPTON, MP
Attorney General
Explanatory note
The objects of this Regulation are as follows:
| (a) | to increase certain fees payable in relation to civil proceedings generally or in relation to the functions exercised by the Sheriff, |
| (b) | to introduce a tiered fee structure for the filing of originating processes in Class 8 of the Land and Environment Court’s jurisdiction, being mining matters. |
| (c) | to introduce new daily hearing fees for matters in the District Court civil proceedings list, |
This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).
Civil Procedure Amendment (Fees) Regulation 2015
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Amendment (Fees) Regulation 2015.
2 Commencement
This Regulation commences on 1 August 2015 and is required to be published on the
NSW legislation website.
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
[1] Clause 4 Fees payable in relation to court proceedings
Insert “or an incorporated partnership” after “a corporation” wherever occurring in clause 4 (2) (b), (3) and (4).
[2] Clause 4 (4)
Insert “or incorporated partnership” after “the corporation” wherever occurring.
[3] Schedule 1
Omit the Schedule. 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 originating $1,054.00 $2,886.00 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 $250,000.00 $702.00 — (c) is $250,000.00 or more but less than $500,000.00 $953.00 — (d) is $500,000.00 or more but less than $1,000,000.00 $1,460.00 — (e) is $1,000,000.00 or more but less than $2,000,000.00 $1,946.00 — (f) is $2,000,000.00 or more but less than $5,000,000.00 $3,243.00 — (g) is $5,000,000.00 or more $5,406.00 —
3 Filing in the Court of Appeal a notice of intention to appeal $301.00 $689.00 4 Filing in the Court of Appeal a summons seeking leave to $1,078.00 $2,110.00 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 to $1,380.00 $2,798.00 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 granted $2,127.00 $4,313.00 Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee
(b) in proceedings where a notice of intention to appeal $3,205.00 $6,424.00 has been filed by the same party (c) in any other proceedings $3,507.00 $7,112.00
7 Allocating a date for hearing of the proceedings by one or $2,104.00 $4,809.00 more judges, a judge and jury or an associate judge 8 Filing a requisition for trial by jury $1,088.00 $2,175.00 9 Retaining a jury after the first day of trial $496.00 per $992.00 per Note. The fees under this item are to be paid by the party requesting day day a jury for the trial. 10 Referring proceedings for arbitration under Division 2 of $813.00 — Part 5 of the Civil Procedure Act 2005 11 Filing an application for an order for the rehearing of $619.00 $1,241.00 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 $838.00 $1,924.00 (b) on the 5th, 6th, 7th, 8th or 9th day $1,348.00 $3,342.00 (c) on or after the 10th day $2,713.00 $6,594.00
13 Hearing of proceedings by an associate judge, for each day of $737.00 $1,474.00 hearing or part of a day of hearing on or after the 2nd day 14 Preparing appeal papers (for such number of copies as the $711.00 per $1,423.00 per registrar orders to be printed) in volumes of not more than volume volume 250 pages 15 Filing a notice of motion $386.00 $884.00 16 Preparing a copy of a will $58.00 — 17 Conducting a genealogical search on a probate file (for each $113.00 — file searched) 18 Conducting a search for an application for a grant of $58.00 — representation or reseal of a grant of representation (for each
file searched)19 Lodging a caveat against an application for a grant of $41.00 $82.00 representation or reseal of a grant of representation 20 Conducting an adoption search (for each file searched) $58.00 — 21 Issuing a registrar’s certificate as to the signature of a public $58.00 — notary 22 Publishing on the NSW Online Registry website a notice of $43.00 — intention to apply for a grant of representation or reseal of a
grant of representation23 Publishing on the NSW Online Registry website a notice of $43.00 — intended distribution 24 Publishing on the NSW Online Registry website a notice of $43.00 — application for passing accounts Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee
25 Republishing on the NSW Online Registry website a notice of $17.50 — intention to apply for a grant of representation or reseal of a
grant of representation26 Republishing on the NSW Online Registry website a notice of $17.50 — intended distribution 27 Republishing on the NSW Online Registry website a notice of $17.50 — 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 $897.00 $1,794.00 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 or to a building application, and where the value of the development or building:
(a) is less than $500,000.00 $897.00 $1,794.00 (b) is $500,000.00 or more but less than $1,000,000.00 $4,103.00 $5,448.00 (c) is $1,000,000.00 or more $5,125.00 $6,807.00
3 Filing an originating process in Class 2 of the Court’s $897.00 $1,794.00 jurisdiction (other than an originating process referred to in
item 4)4 Filing an originating process in Class 2 of the Court’s $234.00 $468.00 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 Court’s $897.00 $1,794.00 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 $315.00 $630.00 (b) is $500,000.00 or more but less than $1,000,000.00 $496.00 $992.00 (c) is $1,000,000.00 or more $897.00 $1,794.00
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
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 $897.00 $1,794.00 (b) is $500,000.00 or more but less than $1,000,000.00 $4,103.00 $5,448.00 (c) is $1,000,000.00 or more $5,125.00 $6,807.00 8
Filing an originating process in Class 4 of the Court’s $897.00 $1,794.00 jurisdiction
9
Filing an originating process in Class 8 of the Court’s $234.00 $468.00 jurisdiction where the matter relates to small-scale title
within the meaning of the Mining Act 199210
Filing an originating process in Class 8 of the Court’s $897.00 $1,794.00 jurisdiction (other than an originating process referred to in
item 9)11
Filing a process to commence an appeal to the Court under $2,096.00 $4,192.00 section 56A of the Land and Environment Court Act 1979
12
Filing a notice of motion $208.00 $416.00
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 $640.00 $1,280.00 process referred to in item 2) 2 Filing an originating process in relation to an appeal $263.00 $526.00 3 Allocating a date for hearing of the proceedings by a judge, $684.00 $1,368.00 a judge and jury or a judicial registrar 4 Filing a requisition for trial by jury $1,093.00 $2,186.00 5 Retaining a jury after the first day of trial $496.00 per $992.00 per Note. The fees under this item are to be paid by the party day day requesting a jury for the trial. 6 Referring proceedings for arbitration under Division 2 of $809.00 — Part 5 of the Civil Procedure Act 2005 7 Filing an application for an order for the rehearing of $619.00 $1,238.00 proceedings under Division 3 of Part 5 of the Civil
Procedure Act 20058 Filing a notice of motion $82.00 $164.00 Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee9 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 $400.00 $800.00 (b) on the 5th, 6th, 7th, 8th or 9th day $700.00 $1,400.00 (c) on or after the 10th day $1,000.00 $2,000.00
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 $234.00 $468.00 Court Act 2007, in the Local Court sitting in its General
Division2 Filing an originating process, under Part 3 of the Local $95.00 $190.00 Court Act 2007, in the Local Court sitting in its Small
Claims Division3 Filing an application notice under Part 4 of the Local Court $89.00 — Act 2007 4 Filing an application for an order for the rehearing of $409.00 $818.00 proceedings under Division 3 of Part 5 of the Civil
Procedure Act 20055 Serving or attempting service by post of originating process $40.00 for — by the Local Court
each address to which process posted
6 Filing a notice of motion $82.00 $164.00 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 $111.00 — (b) in relation to more than 1 notice arising from the $58.00 — 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 $80.00 $160.00 both) Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
2 Receipt by the registrar of a document or thing produced in $80.00 $160.00 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 judgment, $88.00 $176.00 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 the registry: $705.00 $1,410.00
(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 by $58.00 $116.00 another court 6 Furnishing one or more sealed or certified copies of a $58.00 — judgment or order, or of the written opinion or reasons for
opinion of any judicial or other officer of the court7 Retrieving, providing access to and furnishing a copy of $12.50, plus — any document (otherwise than as provided for by items 6, 8 $6.50 for each and 10) 10 pages (or
part of
10 pages) after
the first
20 pages8
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 $13.50 per file — or box of files
(ii) non-standard retrieval request (including an Such — urgent, high or after hours priority retrieval additional fee request or a retrieval request for delivery to incurred by a or from a regional location outside the court Sydney metropolitan area) (b) the State Archives—standard retrieval request $33.50 per file — or box of files
9 Supplying a duplicate recording of sound-recorded $50.00 — evidence—per cassette tape or disc 10 Supplying a copy of a transcript of any proceedings:
(a) where the matter being transcribed is under $85.00, plus an — 3 months old additional
$10.50 for each
page after the
first 8 pages
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation
fee
(b) where the matter being transcribed is 3 months old $105.00, plus — or older an additional
$12.00 for each
page after the
first 8 pagesNote. A person who is supplied with a copy of a transcript of any court proceedings by a third party provider (not being a court or the Department of Justice’s Reporting Services Branch) may be liable to pay a fee stipulated by that provider for that service. Such a fee is not subject to this item.
11 Providing any service for which a fee is not otherwise $41.00 $82.00 imposed by this Schedule Note. A fee may not be imposed under this item except with the approval of the registrar. [4] Schedule 2
Omit the Schedule. Insert instead:
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 $64.00 for each address at which, and each document, including service by post and occasion on which, service is effected or preparation of affidavit of service attempted 2 Executing or attempting execution of an $80.00 for each address at which, and each arrest warrant under section 97 of the Civil occasion on which, execution is effected or Procedure Act 2005 attempted 3 Executing or attempting execution of a writ $332.00 for each address at which, and each of possession under Part 8 of the Civil occasion on which, execution is effected or Procedure Act 2005 attempted 4 Executing or attempting execution of a writ $80.00 for each address at which, and each of delivery under Part 8 of the Civil occasion on which, execution is effected or Procedure Act 2005 attempted 5 Executing or attempting execution of a writ $80.00 for each address at which, and each for the levy of property under Part 8 of the occasion on which, execution is effected or Civil Procedure Act 2005 attempted, plus 3% of the proceeds of Note. The 3% levy in Column 2 is not payable in enforcement relation to writs executed by the Marshal in
Admiralty.6 Executing or attempting execution of any $332.00 for each address at which, and each court process (other than a warrant or writ occasion on which, execution is effected or referred to in item 2, 3, 4 or 5) attempted Column 1 Column 2
Item Matter for which fee payable Fee
7 Preparing for sale of land following receipt of $814.00 notice of sale from judgment creditor under
rule 39.22 of the Uniform Civil Procedure
Rules 20058 Furnishing a certified copy of a writ for the $25.00 levy of property for registration under
section 105A of the Real Property Act 19009 Providing Sheriff’s officers to guard property $444.00 per Sheriff’s officer per day seized under a writ of execution under Part 8
of the Civil Procedure Act 200510 Attending a view by a jury in civil $176.00 proceedings 11 Opening or keeping open the Sheriff’s office $712.00 on a Saturday, Sunday or public holiday or on
any other day before 9 am or after 5 pm12 Retrieving, providing access to and $12.50, plus $6.50 for each 10 pages (or part furnishing a copy of any document of 10 pages) after the first 20 pages (otherwise than as provided by item 8)
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