Civil Procedure Further Amendment (Fees) Regulation 2010 (NSW)

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2010 No 591

New South Wales

Civil Procedure Further Amendment

(Fees) Regulation 2010

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 object of this Regulation is to amend the Civil Procedure Regulation 2005 to adjust certain fees payable in respect of civil proceedings in the Supreme Court where jurisdiction is shared between New South Wales and the Commonwealth, to achieve parity with the fees payable in the Federal Court of Australia.

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

Published LW 15 October 2010	Page 1
2010 No 591
Clause 1	Civil Procedure Further Amendment (Fees) Regulation 2010

Civil Procedure Further Amendment (Fees) Regulation

2010

under the

Civil Procedure Act 2005

1 Name of Regulation
This Regulation is the Civil Procedure Further Amendment (Fees)
Regulation 2010.

2 Commencement
This Regulation commences on 18 October 2010 and is required to be published on the NSW legislation website.

2010 No 591

Civil Procedure Further Amendment (Fees) Regulation 2010

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

Schedule 1 Court fees
Omit Part 1. Insert instead:

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 $894 $2,142
originating process referred to in
items 2–6)

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.

2

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 $687 —
$250,000
(c) is $250,000 or more but less than $867 —
$500,000
(d) is $500,000 or more but less than $1,308 —
$1,000,000
(e) is $1,000,000 or more $1,741 —

3 Filing in the Court of Appeal a notice of $256 $512
intention to appeal
4 Filing in the Court of Appeal a summons $947 $1,622

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

5

Filing in the Court of Appeal a notice of appeal or notice of cross-appeal:

(a) in proceedings in which leave to $1,804 $3,200
appeal has been granted

2010 No 591

Civil Procedure Further Amendment (Fees) Regulation 2010

Schedule 1

Amendment of Civil Procedure Regulation 2005

Column 1 Column 2 Column 3

Item Matter for which fee payable Standard fee Corporation
fee

(b) in proceedings in which a notice of $2,751 $4,722
intention to appeal has been filed
(c) in any other proceedings $3,007 $5,334

6 Filing in the Court of Appeal a summons $1,203 $2,134

for leave to appeal in proceedings where a notice of intention to appeal has not been filed
7 Allocating a date for hearing of the $1,786 $3,569
proceedings by one or more judges, a judge
and jury or an associate judge
8 Filing a requisition for trial by jury $945 $1,890
9 Retaining a jury after the first day of trial $431 per day $862 per 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 $707 —
Division 2 of Part 5 of the Civil Procedure
Act 2005
11 Filing an application for an order for the $539 $1,078

rehearing of 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 $712 $1,428
(b) on the 5th, 6th, 7th, 8th or 9th day $1,184 $2,568
(c) on or after the 10th day $2,384 $5,068

13 Hearing of proceedings by an associate $641 $1,282
judge, for each day of hearing or part of a
day of hearing on or after the 2nd day
14 Preparing appeal papers (for such number $619 per $1,238 per
of copies as the registrar orders to be volume volume
printed) in volumes of not more than 250
pages
15 Filing a notice of motion $328 $657
16 Preparing a copy of a will $52 —

2010 No 591

Civil Procedure Further Amendment (Fees) Regulation 2010

Amendment of Civil Procedure Regulation 2005

Schedule 1

Column 1 Column 2 Column 3

Item Matter for which fee payable Standard fee Corporation
fee

17 Conducting a genealogical search on a $99 —
probate file (for each file searched)
18 Conducting a search for an application for $52 —
a grant or resealing of probate (for each file
searched)
19 Lodging a caveat against an application for $36 $72
a grant or resealing of probate
20 Conducting an adoption search (for each $52 —
file searched)
21 Issuing a registrar’s certificate as to the $52 —
signature of a public notary

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Civil Procedure Further Amendment (Fees) Regulation 2010 (NSW)

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1	Filing an originating process (other than an	$894	$2,142
originating process referred to in items 2–6)
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.
2	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	$687	—
$250,000
(c)	is $250,000 or more but less than	$867	—
$500,000
(d)	is $500,000 or more but less than	$1,308	—
$1,000,000
(e)	is $1,000,000 or more	$1,741	—

3	Filing in the Court of Appeal a notice of	$256	$512
intention to appeal
4	Filing in the Court of Appeal a summons	$947	$1,622
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
5	Filing in the Court of Appeal a notice of appeal or notice of cross-appeal:

(a)	in proceedings in which leave to	$1,804	$3,200
appeal has been granted

(b)	in proceedings in which a notice of	$2,751	$4,722
intention to appeal has been filed
(c)	in any other proceedings	$3,007	$5,334

6	Filing in the Court of Appeal a summons	$1,203	$2,134
for leave to appeal in proceedings where a notice of intention to appeal has not been filed
7	Allocating a date for hearing of the	$1,786	$3,569
proceedings by one or more judges, a judge and jury or an associate judge
8	Filing a requisition for trial by jury	$945	$1,890
9	Retaining a jury after the first day of trial	$431 per day	$862 per 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	$707	—
Division 2 of Part 5 of the Civil Procedure Act 2005
11	Filing an application for an order for the	$539	$1,078
rehearing of 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	$712	$1,428
(b)	on the 5th, 6th, 7th, 8th or 9th day	$1,184	$2,568
(c)	on or after the 10th day	$2,384	$5,068

13	Hearing of proceedings by an associate	$641	$1,282
judge, for each day of hearing or part of a day of hearing on or after the 2nd day
14	Preparing appeal papers (for such number	$619 per	$1,238 per
of copies as the registrar orders to be	volume	volume
printed) in volumes of not more than 250 pages
15	Filing a notice of motion	$328	$657
16	Preparing a copy of a will	$52	—

17	Conducting a genealogical search on a	$99	—
probate file (for each file searched)
18	Conducting a search for an application for	$52	—
a grant or resealing of probate (for each file searched)
19	Lodging a caveat against an application for	$36	$72
a grant or resealing of probate
20	Conducting an adoption search (for each	$52	—
file searched)
21	Issuing a registrar’s certificate as to the	$52	—
signature of a public notary