Commercial Tribunal Act 1984 Regulation relating to fees (1991-539) [GG No 142 of 11.10.1991] (NSW)

1991—No. 539

COMMERCIAL TRIBUNAL ACT 1984—REGULATION

(Relating to fees)

NEW SOUTH WALES

[Published in Gazette No. 142 of 11 October 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Commercial Tribunal Act, 1984, has been pleased to make the Regulation set forth hereunder.

PETER COLLINS

Minister for Consumer Affairs.

Commencement

1. This Regulation commences on 11th October, 1991.

Amendment

2. The Commercial Tribunal Regulation 1984 is amended by omitting Schedule 5 and by inserting instead the following Schedule:

SCHEDULE 5

Fees

(Cl. 8)

$

1. An application for which no other fee is prescribed by this regulation or by or under the relevant Act .....................................	110
2. An application under section 86 or 86A of

the Credit Act 1984:

1991—No. 539

$

(a)	where the number of contracts to which the application relates does not exceed 10 .................................... 220
(b)	where the number of contracts to which the application relates exceeds 10 but does not exceed 100 ......... 500
(c)	where the number of contracts to which the application relates exceeds 100 but does not exceed 200 ........ 1,000
(d)	where the number of contracts to

which the application relates exceeds

200 but does not exceed 1,000 ..... 2,000
(e)	where the number of contracts to which the application relates exceeds
1,000 .......................................... 5,000

3. Notice of appeal ................................... 140

4. Objection to a licence’s being granted or

continuing to be held ................................. 5. Certified copy of a judgment or final order after the judgment or final order has been entered or sealed .........................................	55
30
6. Searching any proceeding or record other	30 per hour

than a search made by or on behalf of a or part of an

party to the proceeding ....................... hour

7. Copy of a document ............................. 2 per page

(mini mum

fee $10)

8. Copy of evidence taken in any proceedings

before the Tribunal ............................. Cost to Tribunal

9. Taxation of costs:

filing fee .......................................... 100

1991—No. 539

EXPLANATORY NOTE

The object of this Regulation is to amend the Commercial Tribunal Regulation 1984 so as to increase the fees payable with respect to certain proceedings before the Tribunal (such as the fees for obtaining a copy of evidence taken in such proceedings, for the searching of a proceeding or record and for lodging a notice of appeal).

A sliding scale of fees for applications made under sections 86 and 86A of the Credit Act 1984 is substituted for the current flat fee. Those applications are applications by a credit provider for the restoration of the debtor's full liability where the credit provider has failed to comply with certain provisions of that Act or of the Credit (Administration) Act 1984 and, consequently, the debtor's liability has been reduced. The new fees payable in respect of those applications vary according to the number of contracts involved.

The Regulation also fixes the fee for filing an application for the taxation of

Costs.