Civil Procedure Amendment (Fees) Regulation 2017 (NSW)

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New South Wales

Civil Procedure Amendment (Fees)

Regulation 2017

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.

MARK SPEAKMAN, MP

Attorney General

Explanatory note
The object of this Regulation is to amend the Civil Procedure Regulation 2012:

(a) to increase certain fees payable in relation to civil proceedings generally and other fees that are payable to the Sheriff, and
(b) to specify a fee ($43 for an individual or $86 for a corporation) for the reissue of a court document by the Supreme Court Registry to a party that is legally represented due to an error caused by the party which necessitated correction to the document, and
(c) to increase (from $14 or $34.50 for different types of records to $80 for any record) the fee payable

for a standard retrieval request for retrieving and providing access to a file or box of files retrieved from an off-site storage facility so as to bring the fee into line with the fee charged by the NSW Civil and Administrative Tribunal for the same service.

This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).
Civil Procedure Amendment (Fees) Regulation 2017

under the

Civil Procedure Act 2005

1      Name of Regulation

This Regulation is the Civil Procedure Amendment (Fees) Regulation 2017.

2      Commencement

This Regulation commences on 1 July 2017 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
$1,101.00 $3,014.00
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 than $733.00
$250,000.00
(c) is $250,000.00 or more but less than $995.00
$500,000.00
(d) is $500,000.00 or more but less than $1,525.00
$1,000,000.00
(e) is $1,000,000.00 or more but less than $2,032.00
$2,000,000.00
(f) is $2,000,000.00 or more but less than $3,387.00
$5,000,000.00
(g) is $5,000,000.00 or more $5,646.00
3 Filing in the Court of Appeal a notice of intention to $315.00 $720.00
appeal
4 Filing in the Court of Appeal a summons seeking $1,125.00 $2,203.00
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 seeking $1,441.00 $2,922.00
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 appeal has been $2,221.00 $4,504.00
granted
(b) in proceedings where a notice of intention to $3,347.00 $6,709.00
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 $3,662.00 $7,427.00
7 Allocating a date for hearing of the proceedings by $2,197.00 $5,022.00
one or more judges, a judge and jury or an associate
judge
8 Filing a requisition for trial by jury $1,136.00 $2,272.00
9 Retaining a jury after the first day of trial $518.00 per $1,036.00 per day
Note. The fees under this item are to be paid by the party day
requesting a jury for the trial.
10 Referring proceedings for arbitration under Division 2 $849.00
of Part 5 of the Civil Procedure Act 2005
11 Filing an application for an order for the rehearing of $646.00 $1,292.00
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 $875.00 $2,009.00
(b) on the 5th, 6th, 7th, 8th or 9th day $1,407.00 $3,490.00
(c) on or after the 10th day $2,833.00 $6,886.00
13 Hearing of proceedings by an associate judge, for $770.00 $1,540.00
each 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 $742.00 per $1,484.00 per
the registrar orders to be printed) in volumes of not volume volume
more than 250 pages
15 Filing a notice of motion $403.00 $923.00
16 Preparing a copy of a will $60.00
17 Conducting a genealogical search on a probate file $118.00
(for each file searched)
18 Conducting a search for an application for a grant of $60.00
representation or reseal of a grant of representation
(for each file searched)
19 Lodging a caveat against an application for a grant of $43.00 $86.00
representation or reseal of a grant of representation
20 Conducting an adoption search (for each file $60.00
searched)
21 Issuing a registrar’s certificate as to the signature of a $60.00
public notary
22 Reissuing a court document to a party that is legally $43.00 $86.00
represented due to an error caused by the party which
necessitated correction to the document
23 Publishing on the NSW Online Registry website a $45.00
notice of intention to apply for a grant of
representation or reseal of a grant of representation
24 Publishing on the NSW Online Registry website a $45.00
notice of intended distribution
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation fee
25 Publishing on the NSW Online Registry website a
$45.00
notice of application for passing accounts
26 Republishing on the NSW Online Registry website a
$18.50
notice of intention to apply for a grant of
representation or reseal of a grant of representation
27 Republishing on the NSW Online Registry website a
$18.50
notice of intended distribution
28 Republishing on the NSW Online Registry website a
$18.50
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 $937.00 $1,874.00

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 or to a building application, and where the value of the development or building:

(a) is less than $500,000.00 $937.00 $1,874.00
(b) is $500,000.00 or more but less than $4,284.00 $5,690.00
$1,000,000.00
(c) is $1,000,000.00 or more $5,352.00 $7,108.00
3 Filing an originating process in Class 2 of the $937.00 $1,874.00

Court’s jurisdiction (other than an originating process referred to in item 4)

4 Filing an originating process in Class 2 of the $244.00 $488.00
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 the $937.00 $1,874.00

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 $329.00 $658.00
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 $518.00 $1,036.00
$1,000,000.00
(c) is $1,000,000.00 or more $937.00 $1,874.00

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 $937.00 $1,874.00
(b) is $500,000.00 or more but less than $4,284.00 $5,690.00

$1,000,000.00

(c) is $1,000,000.00 or more $5,352.00 $7,108.00
8 Filing an originating process in Class 4 of the $937.00 $1,874.00
Court’s jurisdiction
9 Filing an originating process in Class 8 of the $244.00 $488.00
Court’s jurisdiction where the matter relates to
small-scale title within the meaning of the Mining
Act 1992
10 Filing an originating process in Class 8 of the $937.00 $1,874.00

Court’s jurisdiction (other than an originating process referred to in item 9)

11 Filing a process to commence an appeal to the Court $2,189.00 $4,378.00
under section 56A of the Land and Environment
Court Act 1979
12 Filing a notice of motion $218.00 $436.00
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
$668.00 $1,336.00
originating process referred to in item 2)
2 Filing an originating process in relation to an appeal
$275.00 $550.00
3 Allocating a date for hearing of the proceedings by a
$714.00 $1,428.00
judge, a judge and jury or a judicial registrar
4 Filing a requisition for trial by jury
$1,142.00 $2,284.00
5 Retaining a jury after the first day of trial
$518.00 per $1,036.00 per day
Note. The fees under this item are to be paid by the party day
requesting a jury for the trial.
6 Referring proceedings for arbitration under Division 2
$845.00
of Part 5 of the Civil Procedure Act 2005
Column 1
Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation fee
7 Filing an application for an order for the rehearing of
$646.00 $1,292.00
proceedings under Division 3 of Part 5 of the Civil
Procedure Act 2005
8 Filing a notice of motion
$86.00 $172.00

9

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 $418.00 $836.00
(b) on the 5th, 6th, 7th, 8th or 9th day $731.00 $1,462.00
(c) on or after the 10th day $1,045.00 $2,090.00
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 $244.00 $488.00
Local Court Act 2007, in the Local Court sitting in its
General Division
2 Filing an originating process, under Part 3 of the $99.00 $198.00
Local Court Act 2007, in the Local Court sitting in its
Small Claims Division
3 Filing an application notice under Part 4 of the Local $93.00
Court Act 2007
4 Filing an application for an order for the rehearing of $427.00 $854.00
proceedings under Division 3 of Part 5 of the Civil
Procedure Act 2005
5 Serving or attempting service by post of originating $42.00 for each
process by the Local Court address to
which process
posted
6 Filing a notice of motion $86.00 $172.00

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 $115.00
(b) in relation to more than 1 notice arising from $60.00
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 give evidence, $102.00 $204.00
or both)
2 Receipt by the registrar of a document or thing $84.00 $168.00
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 $92.00 $184.00

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 part of the $736.00 $1,472.00
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 $60.00 $120.00
held by another court
6 Furnishing one or more sealed or certified copies of $60.00
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 $13.00, plus
copy of any document (otherwise than as provided $7.00 for each
for by 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 an off-site storage facility:

(a) standard retrieval request $80.00
(b) non-standard retrieval request (including an Such
urgent, high or after hours priority retrieval additional fee
request or a retrieval request for delivery to or incurred by a
from a regional location outside the Sydney court
metropolitan area)
9 Supplying a duplicate recording of sound-recorded $52.00
evidence—per disc
10 Supplying a copy of a transcript of any proceedings:
(a) where the matter being transcribed is under 3 $89.00, plus
months old an additional
$11.00 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 $109.00, plus
months old or older an additional
$13.00 for each
page after the
first 8 pages

Note. 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 Conducting a civil litigation search $43.00 for each $86.00
name of
company or
individual
searched
12 Amending on the NSW Online Registry website any $18.50
document (for each document amended)
13 Providing any service for which a fee is not $43.00 $86.00
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 document, $66 for each address at which, and each
including service by post and preparation of occasion on which, service is effected or
affidavit of service attempted
2 Executing or attempting execution of an arrest $84 for each address at which, and each
warrant under section 97 of the Civil Procedure occasion on which, execution is effected
Act 2005 or attempted
3 Executing or attempting execution of a writ of $346 for each address at which, and each
possession under Part 8 of the Civil Procedure occasion on which, execution is effected
Act 2005 or attempted
4 Executing or attempting execution of a writ of $84 for each address at which, and each
delivery under Part 8 of the Civil Procedure Act occasion on which, execution is effected
2005 or attempted
5 Executing or attempting execution of a writ for $84 for each address at which, and each
the levy of property under Part 8 of the Civil occasion on which, execution is effected
Procedure Act 2005 or attempted, plus 3% of the proceeds of
Note. The 3% levy in Column 2 is not payable in relation enforcement
to writs executed by the Marshal in Admiralty.
6 Executing or attempting execution of any court $346 for each address at which, and each
process (other than a warrant or writ referred to in occasion on which, execution is effected
item 2, 3, 4 or 5) or attempted
Column 1 Column 2
Item Matter for which fee payable Fee
7 Preparing for sale of land following receipt of $850
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 $26
of property for registration under section 105A of
the Real Property Act 1900
9 Providing Sheriff’s officers to guard property $464 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 $184
11 Opening or keeping open the Sheriff’s office on $744
a Saturday, Sunday or public holiday or on any
other day before 9 am or after 5 pm
12 Conducting a debt search on a judgment debt $60 for each name of company or
registered with the Sheriff’s office for individual searched
enforcement
13 Retrieving, providing access to and furnishing a $13, plus $7 for each 10 pages (or part of
copy of any document (otherwise than as 10 pages) after the first 20 pages
provided by item 8)
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