Civil Procedure Amendment (Fees) Regulation 2020 (NSW)

New South Wales

Civil Procedure Amendment (Fees)

Regulation 2020

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 2020 [NSW]

Civil Procedure Amendment (Fees) Regulation 2020

under the

Civil Procedure Act 2005

1      Name of Regulation

This Regulation is the Civil Procedure Amendment (Fees) Regulation 2020.

2      Commencement

This Regulation commences on 1 July 2020 and is required to be published on the
NSW legislation website.

Civil Procedure Amendment (Fees) Regulation 2020 [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	$1,160	$3,175
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	Nil	—
(b)	is $100,000 or more but less than $250,000	$772	—
(c)	is $250,000 or more but less than $500,000	$1,048	—

(d) is $500,000 or more but less than $1,000,000 $1,607 —

(e)	is $1,000,000 or more but less than	$2,141	—
$2,000,000
(f)	is $2,000,000 or more but less than	$3,568	—
$5,000,000
(g)	is $5,000,000 or more	$5,948	—

3	Filing in the Court of Appeal a notice of intention to	$332	$758
appeal
4	Filing in the Court of Appeal a summons seeking	$1,186	$2,320
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	$1,518	$3,077
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	$2,340	$4,744
been granted
(b)	in proceedings where a notice of intention to	$3,526	$7,067
appeal has been filed by the same party
(c)	in any other proceedings	$3,857	$7,825

Civil Procedure Amendment (Fees) Regulation 2020 [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	Allocating a date for hearing of the proceedings by	$2,314	$5,290
one or more judges, a judge and jury or an associate judge
8	Filing a requisition for trial by jury	$1,197	$2,394
9	Retaining a jury after the first day of trial (for each	$545	$1,090
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	$894	—
2 of Part 5 of the Civil Procedure Act 2005
11	Filing an application for an order for the rehearing of	$681	$1,362
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	$923	$2,116
(b)	on the 5th, 6th, 7th, 8th or 9th day	$1,482	$3,676
(c)	on or after the 10th day	$2,985	$7,254

13	Hearing of proceedings by an associate judge, for	$811	$1,622
each day of hearing or part of a day of hearing on or after the 2nd day
14	Preparing appeal papers (for the number of copies	$782	$1,564
the registrar orders to be printed) in volumes of not more than 250 pages (for each volume)
15	Filing a notice of motion	$424	$971
16	Preparing a copy of a will	$63	—
17	Conducting a genealogical search on a probate file	$124	—
(for each file searched)
18	Conducting a search for an application for a grant of	$63	—
representation or reseal of a grant of representation (for each file searched)
19	Lodging a caveat against an application for a grant of	$46	$92
representation or reseal of a grant of representation
20	Conducting an adoption search (for each file	$63	—
searched)
21	Issuing a registrar’s certificate as to the signature of	$63	—
a public notary
22	Reissuing a court document to a party that is legally	$46	$92
represented due to an error caused by the party which necessitated correction to the document
23	Publishing on the NSW Online Registry website a	$48	—
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	$48	—
notice of intended distribution

Civil Procedure Amendment (Fees) Regulation 2020 [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
25	Publishing on the NSW Online Registry website a	$48	—
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
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	$988	$1,976
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 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	$988	$1,976
(b)	is $500,000 or more but less than	$4,513	$5,995
$1,000,000
(c)	is $1,000,000 or more	$5,638	$7,488

3	Filing an originating process in Class 2 of the	$988	$1,976
Court’s jurisdiction (other than an originating process referred to in item 4)
4	Filing an originating process in Class 2 of the	$257	$514
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	$988	$1,976
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 $347 $694

Civil Procedure Amendment (Fees) Regulation 2020 [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

(b)	is $500,000 or more but less than	$545	$1,090
$1,000,000
(c)	is $1,000,000 or more	$988	$1,976

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	$988	$1,976
(b)	is $500,000 or more but less than	$4,513	$5,995

$1,000,000

(c) is $1,000,000 or more $5,638 $7,488

8	Filing an originating process in Class 4 of the	$988	$1,976
Court’s jurisdiction
9	Filing an originating process in Class 8 of the	$257	$514
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	$988	$1,976
Court’s jurisdiction (other than an originating process referred to in item 9)
11	Filing a process to commence an appeal to the	$2,296	$4,592
Court under section 56A of the Land and
Environment Court Act 1979
12	Filing a notice of motion	$229	$458

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	$703	$1,406
originating process referred to in item 2)
2	Filing an originating process in relation to an	$290	$580
appeal
3	Allocating a date for hearing of the proceedings	$752	$1,504
by a judge, a judge and jury or a judicial registrar
4	Filing a requisition for trial by jury	$1,203	$2,406
5	Retaining a jury after the first day of trial (for	$545	$1,090
each 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	$890	—
Division 2 of Part 5 of the Civil Procedure Act
2005

Civil Procedure Amendment (Fees) Regulation 2020 [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 application for an order for the rehearing	$681	$1,362
of proceedings under Division 3 of Part 5 of the
Civil Procedure Act 2005
8	Filing a notice of motion	$91	$182
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	$439	$878
(b)	on the 5th, 6th, 7th, 8th or 9th day	$770	$1,540
(c)	on or after the 10th day	$1,101	$2,202

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	$257	$514
Local Court Act 2007, in the Local Court sitting
in its General Division
2	Filing an originating process, under Part 3 of the	$105	$210
Local Court Act 2007, in the Local Court sitting
in its Small Claims Division
3	Filing an application notice under Part 4 of the	$98	—
Local Court Act 2007
4	Filing an application for an order for the rehearing	$451	$902
of proceedings under Division 3 of Part 5 of the
Civil Procedure Act 2005
5	Serving or attempting service by post of	$45	—
originating process by the Local Court (for each address to which process posted)
6	Filing a notice of motion	$91	$182
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	$121	—
(b)	in relation to more than 1 notice arising	$63	—
from the same court appearance

Civil Procedure Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Civil Procedure Regulation 2017

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	$108	$216
evidence, or both)
2	Receipt by the registrar of a document or thing	$89	$178
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	$97	$194
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	$775	$1,550
the 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	$63	$126
held by another court
6	Furnishing one or more sealed or certified copies	$63	—
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 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)	$7	—
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	$84	—
(b)	non-standard retrieval request (including	The additional fee	—

an urgent, high or after hours priority	incurred by a court
retrieval request or a retrieval request for delivery to or from a regional location outside the Sydney metropolitan area)

9	Supplying a duplicate recording of	$55	—
sound-recorded 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 $94 —
(ii) for each page after the first 8 pages $11 —

Civil Procedure Amendment (Fees) Regulation 2020 [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

(b)	where the matter being transcribed is 3 months old or older—
(i) for the first 8 pages, and $115 —
(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	$46	$92
name of company or individual searched)
12	Amending on the NSW Online Registry website	$19	—
any document (for each document amended)
13	Providing any service for which a fee is not	$46	$92
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	$69
document, including service by 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	$89
arrest warrant under section 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	$364
of possession under Part 8 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	$89
of delivery under Part 8 of the Civil
Procedure Act 2005 (for each address at
which, and each occasion on which, execution is effected or attempted)

Civil Procedure Amendment (Fees) Regulation 2020 [NSW]

Schedule 1 Amendment of Civil Procedure Regulation 2017

Column 1 Column 2

Item	Matter for which fee payable	Fee
5	Executing or attempting execution of a writ	$89
for the levy of property 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	$364
court process (other than a 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 attempted)
7	Preparing for the sale of land following the	$895
receipt of a notice of sale 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	$27
levy of property for registration under section 105A of the Real Property Act 1900
9	Providing sheriff’s officers to guard property	$488
seized under a writ of 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	$194
proceedings
11	Opening or keeping open the Sheriff’s office	$784
on 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	$63
registered with the Sheriff’s office for enforcement (for each name of company or individual searched)
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)	$7
after the first 20 pages