Civil Procedure Amendment (Fees) Regulation 2019 (NSW)
New South Wales
Civil Procedure Amendment (Fees)
Regulation 2019
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.
MARK SPEAKMAN, MP
Attorney General, and Minister for the Prevention of Domestic Violence
Explanatory note
The object of this Regulation is to increase certain fees payable in respect of civil proceedings and the functions exercised by the Sheriff.
This Regulation is made under the Civil Procedure Act 2005, including section 18.
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Civil Procedure Amendment (Fees) Regulation 2019
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Amendment (Fees) Regulation 2019.
2 Commencement
This Regulation commences on 11 July 2019 and is required to be published on the
NSW legislation website.
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
| Schedule 1 | Amendment of Civil Procedure Regulation 2017 |
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 $1,143 $3,128 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 Nil — (b) is $100,000 or more but less than $250,000 $761 — (c) is $250,000 or more but less than $500,000 $1,033 — (d) is $500,000 or more but less than $1,000,000 $1,583 — (e) is $1,000,000 or more but less than $2,000,000 $2,109 — (f) is $2,000,000 or more but less than $5,000,000 $3,515 — (g) is $5,000,000 or more $5,860 —
3 Filing in the Court of Appeal a notice of intention to $327 $747 appeal 4 Filing in the Court of Appeal a summons seeking leave $1,168 $2,286 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 party5 Filing in the Court of Appeal a summons seeking leave $1,496 $3,032 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 party6
Filing in the Court of Appeal a notice of appeal or notice of cross-appeal:
(a) in proceedings where leave to appeal has been $2,305 $4,674 granted (b) in proceedings where a notice of intention to $3,474 $6,963 appeal has been filed by the same party (c) in any other proceedings $3,800 $7,709
7 Allocating a date for hearing of the proceedings by one $2,280 $5,212 or more judges, a judge and jury or an associate judge 8 Filing a requisition for trial by jury $1,179 $2,359
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation fee
9 Retaining a jury after the first day of trial (for each day) $537 $1,074 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 $881 — of Part 5 of the Civil Procedure Act 2005 11 Filing an application for an order for the rehearing of $671 $1,341 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 $909 $2,085 (b) on the 5th, 6th, 7th, 8th or 9th day $1,460 $3,622 (c) on or after the 10th day $2,941 $7,147
13 Hearing of proceedings by an associate judge, for each $799 $1,597 day of hearing or part of a day of hearing on or after the
2nd day14 Preparing appeal papers (for the number of copies the $770 $1,540 registrar orders to be printed) in volumes of not more
than 250 pages (for each volume)15 Filing a notice of motion $418 $957 16 Preparing a copy of a will $62 — 17 Conducting a genealogical search on a probate file (for $122 — each file searched) 18 Conducting a search for an application for a grant of $62 — representation or reseal of a grant of representation (for
each file searched)19 Lodging a caveat against an application for a grant of $45 $90 representation or reseal of a grant of representation 20 Conducting an adoption search (for each file searched) $62 — 21 Issuing a registrar’s certificate as to the signature of a $62 — public notary 22 Reissuing a court document to a party that is legally $45 $90 represented due to an error caused by the party which
necessitated correction to the document23 Publishing on the NSW Online Registry website a $47 — notice of intention to apply for a grant of representation
or reseal of a grant of representation24 Publishing on the NSW Online Registry website a $47 — notice of intended distribution 25 Publishing on the NSW Online Registry website a $47 — notice of application for passing accounts 26 Republishing on the NSW Online Registry website a $19 — notice of intention to apply for a grant of representation
or reseal of a grant of representation
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation fee
27 Republishing on the NSW Online Registry website a $19 — notice of intended distribution 28 Republishing on the NSW Online Registry website a $19 — 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 2017.
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 $973 $1,945 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 8.7 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 $973 $1,945 (b) is $500,000 or more but less than $1,000,000 $4,446 $5,906 (c) is $1,000,000 or more $5,555 $7,377
3 Filing an originating process in Class 2 of the Court’s $973 $1,945 jurisdiction (other than an originating process referred
to in item 4)4 Filing an originating process in Class 2 of the Court’s $253 $507 jurisdiction where the matter relates to an application
under the Trees (Disputes Between Neighbours) Act2006 5 Filing an originating process in Class 3 of the Court’s $973 $1,945 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 $342 $684 (b) is $500,000 or more but less than $1,000,000 $537 $1,074 (c) is $1,000,000 or more $973 $1,945
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
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 $973 $1,945 (b) is $500,000 or more but less than $1,000,000 $4,446 $5,906 (c) is $1,000,000 or more $5,555 $7,377 8
Filing an originating process in Class 4 of the Court’s $973 $1,945 jurisdiction
9
Filing an originating process in Class 8 of the Court’s $253 $507 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 $973 $1,945 jurisdiction (other than an originating process referred
to in item 9)11
Filing a process to commence an appeal to the Court $2,262 $4,544 under section 56A of the Land and Environment Court
Act 1979
12
Filing a notice of motion $226 $452
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 $693 $1,386 process referred to in item 2) 2 Filing an originating process in relation to an appeal $286 $572 3 Allocating a date for hearing of the proceedings by a $741 $1,481 judge, a judge and jury or a judicial registrar 4 Filing a requisition for trial by jury $1,185 $2,371 5 Retaining a jury after the first day of trial (for each day) $537 $1,074 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 $877 — of Part 5 of the Civil Procedure Act 2005 7 Filing an application for an order for the rehearing of $671 $1,341 proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 8 Filing a notice of motion $90 $179 9
Hearing of proceedings by one or more judges, for each day of hearing or part of a day of hearing:
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation fee
(a) on the 2nd, 3rd or 4th day $433 $867 (b) on the 5th, 6th, 7th, 8th or 9th day $759 $1,518 (c) on or after the 10th day $1,085 $2,169
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 $253 $507 Court Act 2007, in the Local Court sitting in its General Division 2 Filing an originating process, under Part 3 of the Local $103 $206 Court Act 2007, in the Local Court sitting in its Small Claims Division 3 Filing an application notice under Part 4 of the Local $97 — Court Act 2007 4 Filing an application for an order for the rehearing of $444 $887 proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 5 Serving or attempting service by post of originating $44 — process by the Local Court (for each address to which
process posted)6 Filing a notice of motion $90 $179 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 $119 — (b) in relation to more than 1 notice arising from the $62 — 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 $106 $212 both) 2 Receipt by the registrar of a document or thing $88 $175 produced in 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, $96 $191 order, determination, decree, adjudication or award of any other court or person under section 133 of the Civil
Procedure Act 2005
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation fee
4 Opening or keeping open the registry or part of the $764 $1,528 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 $62 $124 by another court 6 Furnishing one or more sealed or certified copies of a $62 — 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 any document (otherwise than as provided for by items 6, 8 and 10):
(a) for the first 20 pages, and $13 — (b) for each 10 pages (or part of 10 pages) after the $7 — 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 $83 — (b) non-standard retrieval request (including an The additional —
urgent, high or after hours priority retrieval fee incurred by request or a retrieval request for delivery to or a court from a regional location outside the Sydney
metropolitan area)
9 Supplying a duplicate recording of sound-recorded $54 — evidence—per disc 10 Supplying a copy of a transcript of any proceedings:
(a)
where the matter being transcribed is under 3 months old:
(i) for the first 8 pages, and $93 — (ii) for each page after the first 8 pages $11 — (b)
where the matter being transcribed is 3 months old or older:
(i) for the first 8 pages, and $113 — (ii) for each page after the first 8 pages $13 — 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 (for each name of $45 $90 company or individual searched) 12 Amending on the NSW Online Registry website any $19 — document (for each document amended)
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard fee Corporation fee
13 Providing any service for which a fee is not otherwise $45 $90 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, including service by $68 post and preparation of affidavit of service (for each address at which,
and each occasion on which, service is effected or attempted)2 Executing or attempting execution of an arrest warrant under section $88 97 of the Civil Procedure Act 2005 (for each address at which, and
each occasion on which, execution is effected or attempted)3 Executing or attempting execution of a writ of possession under Part 8 $359 of the Civil Procedure Act 2005 (for each address at which, and each
occasion on which, execution is effected or attempted)4 Executing or attempting execution of a writ of delivery under Part 8 of $88 the Civil Procedure Act 2005 (for each address at which, and each
occasion on which, execution is effected or attempted)5 Executing or attempting execution of a writ for the levy of property $88 under Part 8 of the Civil Procedure Act 2005 (for each address at
which, and each occasion on which, execution is effected or
attempted, plus 3% of the proceeds of enforcement)Note. The 3% levy is not payable in relation to writs executed by the Marshal in Admiralty. 6 Executing or attempting execution of any court process (other than a $359 warrant or writ referred to in item 2, 3, 4 or 5) (for each address at
which, and each occasion on which, execution is effected or attempted7 Preparing for the sale of land following the receipt of a notice of sale $882 from a judgment creditor under rule 39.22 of the Uniform Civil Procedure Rules 2005 8 Furnishing a certified copy of a writ for the levy of property for $27 registration under section 105A of the Real Property Act 1900 9 Providing sheriff’s officers to guard property seized under a writ of $481 execution under Part 8 of the Civil Procedure Act 2005 (for each
sheriff’s officer each day)10 Attending a view by a jury in civil proceedings $191 11 Opening or keeping open the Sheriff’s office on a Saturday, Sunday or $772 public holiday or on any other day before 9 am or after 5 pm 12 Conducting a debt search on a judgment debt registered with the $62 Sheriff’s office for enforcement (for each name of company or individual searched)
Civil Procedure Amendment (Fees) Regulation 2019 [NSW]
Schedule 1 Amendment of Civil Procedure Regulation 2017
Column 1 Column 2
Item Matter for which fee payable Fee 13
Retrieving, providing access to and furnishing a copy of any document (otherwise than as provided by item 8):
(a) for the first 20 pages, and $13 (b) for each 10 pages (or part of 10 pages) after the first 20 pages $7
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