Civil Procedure Further Amendment (Fees) Regulation 2009 (NSW)

No judgment structure available for this case.

2009 No 262

New South Wales

Civil Procedure Further Amendment

(Fees) Regulation 2009

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.

JOHN HATZISTERGOS, MLC

Attorney General

Explanatory note
The objects of this Regulation are:

(a)

to increase certain fees payable in relation to civil proceedings generally and certain other fees that are payable to the Sheriff, and

(b)

to consolidate in a single fee the fees:

(i)	for filing an originating process for the winding up or reinstatement of a corporation under the Corporations Act 2001 of the Commonwealth, and
(ii)	for furnishing a sealed copy of the winding up or reinstatement order, and

(c)

to remove a fee for lodging a will as that fee is now provided for in clause 4 of the Succession Regulation 2008.

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

Published LW 26 June 2009	Page 1
2009 No 262
Clause 1	Civil Procedure Further Amendment (Fees) Regulation 2009

Civil Procedure Further Amendment (Fees) Regulation

2009

under the

Civil Procedure Act 2005

1 Name of Regulation
This Regulation is the Civil Procedure Further Amendment (Fees)
Regulation 2009.

2 Commencement
This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.

2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Amendment of Civil Procedure Regulation 2005	Schedule 1
Schedule 1	Amendment of Civil Procedure Regulation 2005

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
Matter for which fee payable Standard fee Corporation fee

1 Filing an originating process (other than $749 $1,498
an originating process referred to in
items 2–9)
2 Filing an originating process for the $799 $1,548
winding up or reinstatement of a
corporation under the Corporations
Act 2001 of the Commonwealth

Note. The fees under this item include the fee for the furnishing of a sealed copy of the winding up or reinstatement order set out in item 6 of Part 5.
3 Filing an originating process in the $1,713 $3,426
Equity Division for entry in the
Commercial List or the Technology
and Construction List
4 Filing an originating process in $689 $1,651
the Equity Division for entry in
the Admiralty List

5

Filing an originating process by which an application for a grant or resealing of probate in respect of an estate the sworn gross value of which:

(a) is less than $50,000 Nil —
(b) is $50,000 or more but less than $661 —
$250,000
(c) is $250,000 or more but less than $834 —
$500,000

2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Civil Procedure Regulation 2005

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

(d) is $500,000 or more but less than $1,258 —
$1,000,000
(e) is $1,000,000 or more $1,674 —

6 Filing in the Court of Appeal a notice of $246 $492
intention to appeal
7 Filing in the Court of Appeal a $586 $1,172
summons seeking leave to appeal or
a cross-summons seeking leave
to cross-appeal in respect of a matter
where a notice of intention to appeal
has been filed

8

Filing in the Court of Appeal a notice of appeal:

(a) in proceedings in which leave to $1,750 $3,500
appeal has been granted
(b) in proceedings in which a notice $2,336 $4,672
of intention to appeal has been
filed
(c) in any other proceedings $2,581 $5,162

9 Filing in the Court of Appeal any other $832 $1,664
originating process
10 Allocating a date for hearing of the $1,429 $2,858
proceedings by one or more judges, a
judge and jury or an associate judge
11 Filing a requisition for trial by jury $909 $1,818
12 For retention of jury after the first day of $414 per day $828 per day
trial

Note. The fees under this item are to be paid by the party requesting a jury for the trial.
13 On referral of proceedings for arbitration $680 —
under Division 2 of Part 5 of the Civil
Procedure Act 2005
14 Filing an application for an order for the $518 $1,036

rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Amendment of Civil Procedure Regulation 2005

Schedule 1

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

15 Hearing of proceedings by one or more $360 $720
judges, for each half day of hearing on or
after the 2nd day

Note. For the purposes of this item, a half day comprises a period of 3 hours or less, such period to include any adjournment of less than half an hour.
16 Hearing of proceedings by an associate $324 $648
judge, for each half day of hearing on or
after the 2nd day

Note. For the purposes of this item, a half day comprises a period of 3 hours or less, such period to include any adjournment of less than half an hour.

17 Preparing appeal papers (for such number $595 per volume $1,190 per volume
of copies as the registrar orders to be
printed) in volumes of not more than 250
pages
18 Filing a notice of motion

$173 $346
19 Preparing a copy of a will

$50 —
20 Conducting a genealogical search on a

$95 —
probate file (for each file searched)
21 Conducting a search for an application

$50 —
for a grant or resealing of probate (for
each file searched)
22 Lodging a caveat against an application

$35 $70
for a grant or resealing of probate
23 Conducting an adoption search (for each

$50 —
file searched)
24 Issuing a registrar’s certificate as to the

$50 —
signature of a public notary

2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Civil Procedure Regulation 2005

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 3 to the Criminal Procedure Regulation 2005.

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

1 Filing an originating process in Class 1 of $749 $1,498
the 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 (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 $749 $1,498
(b) is $500,000 or more but less than $3,427 $4,550
$1,000,000
(c) is $1,000,000 or more $4,280 $5,686

3 Filing an originating process in Class 2 of $749 $1,498
the Court’s jurisdiction (other than an
originating process referred to in item 4)
4 Filing an originating process in Class 2 of $197 $394

the 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 $749 $1,498
the 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 $263 $526
2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Amendment of Civil Procedure Regulation 2005

Schedule 1

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

(b) is $500,000 or more but less $414 $828
than $1,000,000
(c) is $1,000,000 or more $749 $1,498
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 $749 $1,498
(b) is $500,000 or more but less $3,427 $4,550
than $1,000,000

(c) is $1,000,000 or more $4,280 $5,686

8 Filing an originating process in Class 4 $749 $1,498
of the Court’s jurisdiction
9 Filing an originating process in Class 8 $197 $394
of the Court’s jurisdiction
10 Filing a process to commence an appeal $1,750 $3,500
to the Court under section 56A of the
Land and Environment Court Act 1979
11 Filing a notice of motion $173 $346

Part 3 District Court

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

1 Filing an originating process (other $534 $1,068
than an originating process referred
to in item 2)
2 Filing an originating process in relation $221 $442
to an appeal
3 Allocating a date for hearing of the $571 $1,142
proceedings by a judge, a judge and
jury or a judicial registrar

2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Civil Procedure Regulation 2005

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

4 Filing a requisition for trial by jury $913 $1,826
5 For retention of jury after the first day of $414 per day $828 per day
trial

Note. The fees under this item are to be paid by the party requesting a jury for the trial.
6 On referral of proceedings for arbitration $676 —
under Division 2 of Part 5 of the Civil
Procedure Act 2005
7 Filing an application for an order for the $518 $1,036

rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
8 Filing a notice of motion $69 $138

Part 4 Local Courts

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

1 Filing an originating process, under $197 $394
Part 7 of the Local Courts Act 1982, in a
Local Court sitting in its General
Division
2 Filing an originating process, under $80 $160
Part 7 of the Local Courts Act 1982, in a
Local Court sitting in its Small Claims
Division
3 Filing an application notice under Part 6 $76 —
of the Local Courts Act 1982
4 Filing an application for an order for the $342 $684

rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
5 Serving or attempting service by post of $34 for each —
originating process by a Local Court address to which
process posted
6 Filing a notice of motion $69 $138

2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Amendment of Civil Procedure Regulation 2005

Schedule 1

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee
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 6 of the Local
Courts Act 1982:

(a) in relation to a single notice $93 —
(b) in relation to more than 1 notice $50 —
arising from the same court
appearance

Part 5 Miscellaneous court fees

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

1 Issuing a subpoena (for production, to $67 $134
give evidence, or both)
2 Receipt by the registrar of a document or $67 $134
thing 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 $75 $150
of a 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 $590 $1,180
part of the registry:

(a)

on a Saturday, Sunday or public holiday or

(b)

on any other day before 9 am or after 5 pm

5 Requesting production to the court of $50 $100
documents held by another court
6 Furnishing a sealed or certified copy of a $50 —
judgment or order, or of the written
opinion or reasons for opinion of any
judicial or other officer of the court

2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Schedule 1

Amendment of Civil Procedure Regulation 2005

Column 1 Column 2 Column 3
Matter for which fee payable Standard fee Corporation fee

7 Retrieving, providing access to and $10.40, plus —
furnishing a copy of any document $5.20 for each
(otherwise than as provided for by items 10 pages (or part
6, 8 and 10) thereof) after the
first 20 pages
8 Retrieving and providing access to, but Nil —
not furnishing a copy of, any document

9 Supplying a duplicate tape recording of $42 per cassette —
sound-recorded evidence

10

Supplying a copy of a transcript of any proceedings:

(a) where the matter being transcribed $76, plus an —
is under 3 months old additional $9.30
for each page
after the first
8 pages
(b) where the matter being transcribed $93, plus an —
is 3 months old or older additional
$10.60 for each
page after the
first 8 pages

11 Providing any service for which a fee is $35 $70
not 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
Matter for which fee payable Fee

1 Serving or attempting service of any $54 for each address at which, and
document, including service by post and each occasion on which, service is
preparation of affidavit of service effected or attempted
2 Executing or attempting execution of an $67 for each address at which, and
arrest warrant under section 97 of the each occasion on which, execution is
Civil Procedure Act 2005 effected or attempted

2009 No 262

Civil Procedure Further Amendment (Fees) Regulation 2009

Amendment of Civil Procedure Regulation 2005

Schedule 1

Column 1 Column 2
Matter for which fee payable Fee

3 Executing or attempting execution of a $278 for each address at which, and
writ of possession under Part 8 of the each occasion on which, execution is
Civil Procedure Act 2005 effected or attempted
4 Executing or attempting execution of a $67 for each address at which, and
writ of delivery under Part 8 of the Civil each occasion on which, execution is
Procedure Act 2005 effected or attempted
5 Executing or attempting execution of a $67 for each address at which, and
writ for the levy of property under Part 8 each occasion on which, execution is
of the Civil Procedure Act 2005 effected or attempted, plus 3% of the
Note. The 3% levy in Column 2 is not payable proceeds of enforcement
in relation to writs executed by the Marshal in
Admiralty
6 Executing or attempting execution of $278 for each address at which, and
any court process (other than a warrant each occasion on which, execution is
or writ referred to in item 2, 3, 4 or 5) effected or attempted
7 Preparing for sale of land following $681
receipt of notice of sale from judgment
creditor (UCPR rule 39.22)
8 Furnishing a certified copy of a writ for $19
the levy of property for registration
under section 105A of the Real Property
Act 1900
9 Providing Sheriff’s officers to guard $371 per Sheriff’s officer per day
property seized under a writ of execution under Part 8 of the Civil Procedure Act 2005
10 Attending a view by a jury in civil $148
proceedings
11 Opening or keeping open the Sheriff’s $595
office on a Saturday, Sunday or public holiday or on any other day before 9 am or after 5 pm
12 Retrieving, providing access to and $10.40, plus $5.20 for each 10 pages
furnishing a copy of any document (or part thereof) after the first 20 pages
(otherwise than as provided by item 8)

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Civil Procedure Further Amendment (Fees) Regulation 2009 (NSW)

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Column 1	Column 2	Column 3
Matter for which fee payable	Standard fee	Corporation fee

1	Filing an originating process (other than	$749	$1,498
an originating process referred to in items 2–9)
2	Filing an originating process for the	$799	$1,548
winding up or reinstatement of a corporation under the Corporations Act 2001 of the Commonwealth
Note. The fees under this item include the fee for the furnishing of a sealed copy of the winding up or reinstatement order set out in item 6 of Part 5.
3	Filing an originating process in the	$1,713	$3,426
Equity Division for entry in the Commercial List or the Technology and Construction List
4	Filing an originating process in	$689	$1,651
the Equity Division for entry in the Admiralty List
5	Filing an originating process by which an application for a grant or resealing of probate in respect of an estate the sworn gross value of which:
(a)	is less than $50,000	Nil	—
(b)	is $50,000 or more but less than	$661	—
$250,000
(c)	is $250,000 or more but less than	$834	—
$500,000

(d)	is $500,000 or more but less than	$1,258	—
$1,000,000
(e)	is $1,000,000 or more	$1,674	—
6	Filing in the Court of Appeal a notice of	$246	$492
intention to appeal
7	Filing in the Court of Appeal a	$586	$1,172
summons seeking leave to appeal or a cross-summons seeking leave to cross-appeal in respect of a matter where a notice of intention to appeal has been filed
8	Filing in the Court of Appeal a notice of appeal:
(a)	in proceedings in which leave to	$1,750	$3,500
appeal has been granted
(b)	in proceedings in which a notice	$2,336	$4,672
of intention to appeal has been filed
(c)	in any other proceedings	$2,581	$5,162
9	Filing in the Court of Appeal any other	$832	$1,664
originating process
10	Allocating a date for hearing of the	$1,429	$2,858
proceedings by one or more judges, a judge and jury or an associate judge
11	Filing a requisition for trial by jury	$909	$1,818
12	For retention of jury after the first day of	$414 per day	$828 per day
trial
Note. The fees under this item are to be paid by the party requesting a jury for the trial.
13	On referral of proceedings for arbitration	$680	—
under Division 2 of Part 5 of the Civil Procedure Act 2005
14	Filing an application for an order for the	$518	$1,036
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
2009 No 262

15	Hearing of proceedings by one or more	$360	$720
judges, for each half day of hearing on or after the 2nd day
Note. For the purposes of this item, a half day comprises a period of 3 hours or less, such period to include any adjournment of less than half an hour.
16	Hearing of proceedings by an associate	$324	$648
judge, for each half day of hearing on or after the 2nd day
Note. For the purposes of this item, a half day comprises a period of 3 hours or less, such period to include any adjournment of less than half an hour.

1	Filing an originating process in Class 1 of	$749	$1,498
the 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 (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	$749	$1,498
(b)	is $500,000 or more but less than	$3,427	$4,550
$1,000,000
(c)	is $1,000,000 or more	$4,280	$5,686
3	Filing an originating process in Class 2 of	$749	$1,498
the Court’s jurisdiction (other than an originating process referred to in item 4)
4	Filing an originating process in Class 2 of	$197	$394
the 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	$749	$1,498
the 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	$263	$526
2009 No 262

(b)	is $500,000 or more but less	$414	$828
than $1,000,000
(c)	is $1,000,000 or more	$749	$1,498

1	Filing an originating process (other	$534	$1,068
than an originating process referred to in item 2)
2	Filing an originating process in relation	$221	$442
to an appeal
3	Allocating a date for hearing of the	$571	$1,142
proceedings by a judge, a judge and jury or a judicial registrar

4	Filing a requisition for trial by jury	$913	$1,826
5	For retention of jury after the first day of	$414 per day	$828 per day
trial
Note. The fees under this item are to be paid by the party requesting a jury for the trial.
6	On referral of proceedings for arbitration	$676	—
under Division 2 of Part 5 of the Civil Procedure Act 2005
7	Filing an application for an order for the	$518	$1,036
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
8	Filing a notice of motion	$69	$138

1	Filing an originating process, under	$197	$394
Part 7 of the Local Courts Act 1982, in a Local Court sitting in its General Division
2	Filing an originating process, under	$80	$160
Part 7 of the Local Courts Act 1982, in a Local Court sitting in its Small Claims Division
3	Filing an application notice under Part 6	$76	—
of the Local Courts Act 1982
4	Filing an application for an order for the	$342	$684
rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005
5	Serving or attempting service by post of	$34 for each	—
originating process by a Local Court	address to which process posted
6	Filing a notice of motion	$69	$138

1	Issuing a subpoena (for production, to	$67	$134
give evidence, or both)
2	Receipt by the registrar of a document or	$67	$134
thing 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	$75	$150
of a 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	$590	$1,180
part of the registry:

(a)	on a Saturday, Sunday or public holiday or
(b)	on any other day before 9 am or after 5 pm

5	Requesting production to the court of	$50	$100
documents held by another court
6	Furnishing a sealed or certified copy of a	$50	—
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	$10.40, plus	—
furnishing a copy of any document	$5.20 for each
(otherwise than as provided for by items	10 pages (or part
6, 8 and 10)	thereof) after the first 20 pages
8	Retrieving and providing access to, but	Nil	—
not furnishing a copy of, any document

9	Supplying a duplicate tape recording of	$42 per cassette —
sound-recorded evidence
10	Supplying a copy of a transcript of any proceedings:

(a)	where the matter being transcribed	$76, plus an	—
is under 3 months old	additional $9.30 for each page after the first 8 pages
(b)	where the matter being transcribed	$93, plus an	—
is 3 months old or older	additional $10.60 for each page after the first 8 pages
11	Providing any service for which a fee is	$35	$70
not otherwise imposed by this Schedule
Note. A fee may not be imposed under this item except with the approval of the registrar.

1	Serving or attempting service of any	$54 for each address at which, and
document, including service by post and	each occasion on which, service is
preparation of affidavit of service	effected or attempted
2	Executing or attempting execution of an	$67 for each address at which, and
arrest warrant under section 97 of the	each occasion on which, execution is
Civil Procedure Act 2005	effected or attempted

3	Executing or attempting execution of a	$278 for each address at which, and
writ of possession under Part 8 of the	each occasion on which, execution is
Civil Procedure Act 2005	effected or attempted
4	Executing or attempting execution of a	$67 for each address at which, and
writ of delivery under Part 8 of the Civil	each occasion on which, execution is
Procedure Act 2005	effected or attempted
5	Executing or attempting execution of a	$67 for each address at which, and
writ for the levy of property under Part 8	each occasion on which, execution is
of the Civil Procedure Act 2005	effected or attempted, plus 3% of the
Note. The 3% levy in Column 2 is not payable	proceeds of enforcement
in relation to writs executed by the Marshal in Admiralty
6	Executing or attempting execution of	$278 for each address at which, and
any court process (other than a warrant	each occasion on which, execution is
or writ referred to in item 2, 3, 4 or 5)	effected or attempted
7	Preparing for sale of land following	$681
receipt of notice of sale from judgment creditor (UCPR rule 39.22)
8	Furnishing a certified copy of a writ for	$19
the levy of property for registration under section 105A of the Real Property Act 1900
9	Providing Sheriff’s officers to guard	$371 per Sheriff’s officer per day
property seized under a writ of execution under Part 8 of the Civil Procedure Act 2005
10	Attending a view by a jury in civil	$148
proceedings
11	Opening or keeping open the Sheriff’s	$595
office on a Saturday, Sunday or public holiday or on any other day before 9 am or after 5 pm
12	Retrieving, providing access to and	$10.40, plus $5.20 for each 10 pages
furnishing a copy of any document	(or part thereof) after the first 20 pages
(otherwise than as provided by item 8)