County Court (Fees) Interim Regulations 2017 (Vic)

Version No. 001

County Court (Fees) Interim Regulations 2017

S.R. No. 115/2017

Version as at

14 December 2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definition

6Fees

7Expiry

Schedule 1—Fees

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Endnotes

1       General information

2       Table of Amendments

3       Amendments Not in Operation

4       Explanatory details

Version No. 001

County Court (Fees) Interim Regulations 2017

S.R. No. 115/2017

Version as at

14 December 2017

1Objective

The objective of these Regulations is to prescribe the fees payable in respect of civil proceedings in the County Court of Victoria.

2Authorising provision

These Regulations are made under section 79A of the County Court Act 1958.

3Commencement

These Regulations come into operation on 14 December 2017.

4Revocation

The County Court (Fees) Regulations 2012[1] are revoked.

5Definition

In these Regulations, Chapter I means the County Court Civil Procedure Rules 2008[2].

6Fees

The fees payable under section 28(1) of the County Court Act 1958 are the fees set out in Schedule 1.

7Expiry

These Regulations expire on 14 December 2018.

Schedule 1—Fees

Commencement of proceedings
1	For filing originating process	59·9 fee units
2	For issuing an adoption summons	30·3 fee units
3	On transfer of a proceeding from the Magistrates' Court	59·9 fee units less any fee paid to the Magistrates' Court on commencement of the proceeding
Filing other process
4	For filing a counterclaim, defence and counterclaim, or third party notice under Order 11 of Chapter I	59·9 fee units
5	For filing an interlocutory application	21·8 fee units
6	For filing an application for—
(a)  the examination of a judgment debtor under       Chapter I; or
(b)  an attachment of earnings order under Chapter I	11·7 fee units
7	For filing material for an ex-parte order	10·3 fee units
8	For filing a subpoena	10·4 fee units
9	For every application by a judgment creditor under section 6 or 8 of the Judgment Debt Recovery Act 1984 or for the filing by a judgment creditor of an instalment agreement under section 7 of that Act	1·4 fee units
10	Filing a summons for an attachment of debt (Order 71 of Chapter I)	23·2 fee units
Setting down fees
11	On setting down for trial	70·8 fee units
Hearing fees
12	For hearing at trial by Judge or Judge with jury—
(a)  for days 2 to 4, per day or part of a day; or	36·8 fee units
(b)  for days 5 to 9, per day or part of a day; or	61·5 fee units
(c)  for day 10 and subsequent days, per day or part       of a day	102·6 fee units
13	For each sitting of the Registrar taking accounts or evidence, making enquiries or acting as a special examiner	20·9 fee units
14	For each sitting of an officer of the Court at mediation (per hour or part of an hour)	5 fee units
15	For each sitting of an officer of the Court at a pre‑trial conference	7·4 fee units
Entering judgments or Orders
16	For filing judgment in default of appearance or pleading or judgment obtained under Order 21, 22, 23 or 24 of Chapter I	24·6 fee units
Registry activities
17	For every certificate of the Registrar	1 fee unit
18	For photocopying or printing any document	60c per page
19	For searching a database, inspecting a register, retrieving a document, obtaining a copy of material submitted to the court in electronic format or accessing any material filed, lodged or produced to or held by the Court, for each request	1·7 fee units
20	If the search, inspection, retrieval or accessing referred to in item 19 involves the retrieval of files held offsite—additional fee per file	1 fee unit
Enforcement process
21	For registration of an interstate judgment	4·8 fee units

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The County Court (Fees) Interim Regulations 2017, S.R. No. 115/2017 were made on 15 November 2017 by the Governor in Council under section 79A of the County Court Act 1958, No. 6230/1958 and came into operation on 14 December 2017: regulation 3.

The County Court (Fees) Interim Regulations 2017 will expire on 14 December 2018: see regulation 7.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the County Court (Fees) Interim Regulations 2017 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 146/2012.

[2] Reg. 5 definition of Chapter I: S.R. No. 148/2008. Reprint No. 3 as at 1 March 2016. Reprinted to S.R. No. 162/2015. Subsequently amended by S.R. Nos 43/2016, 144/2016, 21/2017 and 36/2017.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2017 is $14.22. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.