Civil Procedure Further Amendment (Fees) Regulation 2012 (NSW)
2012 No 650
New South Wales
Civil Procedure Further Amendment
(Fees) Regulation 2012
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.
GREG SMITH, MP
Attorney General
Explanatory note
The object of this Regulation is to increase certain fees payable under the Civil Procedure
Act 2005 in relation to proceedings in the Supreme Court.
This Regulation is made under the Civil Procedure Act 2005, including section 18 (Fees).
| Published LW 21 December 2012 | Page 1 |
| 2012 No 650 | |
| Clause 1 | Civil Procedure Further Amendment (Fees) Regulation 2012 |
Civil Procedure Further Amendment (Fees)
Regulation 2012
under the
Civil Procedure Act 2005
1 Name of Regulation
This Regulation is the Civil Procedure Further Amendment (Fees)
Regulation 2012.
2 Commencement
This Regulation commences on 1 January 2013 and is required to be published on the NSW legislation website.
2012 No 650
Civil Procedure Further Amendment (Fees) Regulation 2012
| Amendment of Civil Procedure Regulation 2012 | Schedule 1 |
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
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 Corporation fee fee 1 Filing an originating process (other than an $999 $2,737 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 $650 — $250,000 (c) is $250,000 or more but less than $900 — $500,000 (d) is $500,000 or more but less than $1,350 — $1,000,000 (e) is $1,000,000 or more but less than $1,800 — $2,000,000 (f) is $2,000,000 or more but less than $3,000 — $5,000,000 (g) is $5,000,000 or more $5,000 —
3 Filing in the Court of Appeal a notice of $286 $653 intention to appeal 4 Filing in the Court of Appeal a summons $1,022 $2,000 seeking 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
2012 No 650
Civil Procedure Further Amendment (Fees) Regulation 2012
| Schedule 1 | Amendment of Civil Procedure Regulation 2012 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 5 Filing in the Court of Appeal a summons $1,308 $2,653 seeking 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 $2,017 $4,090 has been granted (b) in proceedings where a notice of $3,039 $6,090 intention to appeal has been filed by
the same party(c) in any other proceedings $3,325 $6,743
7 Allocating a date for hearing of the $1,995 $4,560 proceedings by one or more judges, a judge
and jury or an associate judge8 Filing a requisition for trial by jury $1,006 $2,012 9 Retaining a jury after the first day of trial $459 per day $918 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 $752 — Division 2 of Part 5 of the Civil Procedure
Act 200511 Filing an application for an order for the $573 $1,148 rehearing of proceedings under Division 3 of
Part 5 of the Civil Procedure Act 200512
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 $795 $1,824 (b) on the 5th, 6th, 7th, 8th or 9th day $1,278 $3,168 (c) on or after the 10th day $2,572 $6,252
13 Hearing of proceedings by an associate $682 $1,364 judge, for each day of hearing or part of a day
of hearing on or after the 2nd day2012 No 650
Civil Procedure Further Amendment (Fees) Regulation 2012
| Amendment of Civil Procedure Regulation 2012 | Schedule 1 |
Column 1 Column 2 Column 3
Item Matter for which fee payable Standard Corporation fee fee 14 Preparing appeal papers (for such number of $658 per $1,316 per copies as the registrar orders to be printed) in volume volume volumes of not more than 250 pages 15 Filing a notice of motion $366 $838 16 Preparing a copy of a will $54 — 17 Conducting a genealogical search on a $104 — probate file (for each file searched) 18 Conducting a search for an application for a $54 — grant of representation or reseal of a grant of
representation (for each file searched)19 Lodging a caveat against an application for a $38 $76 grant of representation or reseal of a grant of
representation20 Conducting an adoption search (for each file $54 — searched) 21 Issuing a registrar’s certificate as to the $54 — signature of a public notary
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