District Court Act 1973 District Court (Fees) Amendment Regulation 1996 (1996-639) [GG No 150 of 20.12.1996] (NSW)

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1996 No 639

New South Wales

District Court (Fees) Amendment

Regulation 1996

under the

District Court Act 1973

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the District Court Act 1973.

JEFFREY SHAW, Q.C., M.E.C.,

Attorney General.

Explanatory note

The object of this Regulation is to increase certain fees set out in the District Court (Fees) Regulation 1993 to be paid to a registrar in respect of the business of the District Court under the District Court Act 1973.

This Regulation is made under the District Court Act 1973, including section

150 (Regulations: Court fees).

Published in Gazette No 150 of 20 December 1996, page 8536 Page 1

1996 No 639

Clause 1 District Court (Fees) Amendment Regulation 1996

District Court (Fees) Amendment Regulation

1996

1 Name of Regulation

This Regulation is the District Court (Fees) Amendment

Regulation 1996.

2 Commencement

This Regulation commences on 1 January 1997.

3 Amendment of District Court (Fees) Regulation 1993

The District Court (Fees) Regulation I993 is amended as set out

in Schedule 1.

4 Note

The explanatory note does not form part of this Regulation.

1996 No 639

District Court (Fees) Amendment Regulation 1996

Amendment Schedule 1
Schedule 1 Amendment
(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court Fees

(Clause 3)

$

l. (a) Filing a statement of claim or any other
originating process (other than the filing of an
originating process referred to in paragraph
(b)) 353.00
(b) Filing an originating process by way of a
notice of appeal 148.00
(c) Filing a notice of cross-claim or third or
subsequent party notice 353.00
2. (a) Filing a requisition for a civil trial by a jury
(to be paid by the party requesting a jury) 604.00
(b) Daily retention fee (to be paid by the party

requesting a jury for each day a jury is

required after the first day of a civil trial) 276.00

3.   Filing a praecipe for trial (for or in respect of an

action commenced before 1 January 1996) 205.00
4. Making a copy of any document, per page 2.00
(minimum fee 10.00)

5.    Supply of duplicate tape recording of sound-recorded

evidence, per cassette 30.00

6.    For each copy of the transcript of any proceedings:

(a) per page, where the matter being transcribed
is under 3 months old 6.50
(minimum fee for 1 to 8 pages 55.00)
(b) per page, where the matter being transcribed
is 3 months old or older 7.50
(minimum fee for 1 to 8 pages 65.00)

1996 No 639

District Court (Fees) Amendment Regulation 1996

Schedule 1 Amendment

7.

Service or attempted service of any process or other document, including service by post and preparation of an affidavit of service-for each address at which service of the process or other document is effected or attempted

34.00

8. Execution or attempted execution of any writ or
warrant—for each address at which execution of the
writ or warrant is effected or attempted 45.00
9. Disbursements in executing or attempting to execute
a writ of execution, including a fee for keeping As
possession prescribed
10. Levy on a writ of execution by the
scale of

11.

The travelling expenses incurred by offices i n conveying an arrested person to prison or to court

Fees under

12.

Attending a view by a jury (to be paid by the party making the request)

13. On referral for hearing by an arbitrator under the
Arbitration (Civil Actions) Act 1983 (to be paid
equally between the parties and prior to the
commencement of the arbitration) 360.00

14.

Filing an application for an order under section 18 (2) of the Arbitration (Civil Actions) Act 1983 for the rehearing of an action referred for arbitration

343.00

NOTE: This amount is subject to any provisions of the District Court Rules I973 providing for the refund of the whole or any part of this amount.

15. (a) To issue a subpoena for production 45.00
(b) To issue a subpoena for production and to
give evidence 45.00
(c) To issue a subpoena to give evidence 22.00
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