District Court Act 1973 Rule (1993-139) [GG No 34 of 8.4.1993] (NSW)

1993—No. 139

DISTRICT COURT ACT 1973—RULE

NEW SOUTH WALES

[Published in Gazette No. 34 of 8 April 1993]

1. This rule is made by the Rule Committee on 7 April 1993, and has

effect on and from 10 April 1993.

2. The District Court Rules 1973 are amended as follows:

(a) Part 1 rule 3
After the matter relating to Part 51B insert the matter:

“Part 51C—Service and Execution of Process Act 1992

(Cth.)”.

(b) Part 51C

After Part 51B insert the following Part:

PART 51C

SERVICE AND EXECUTION OF PROCESS ACT 1992

(CTH.)

Interpretation

1. In this Part, “Commonwealth Act” means the Service and

Execution of Process Act 1992 (Cth.).

Commencement

2. This Part commences on 10 April 1993.

Fees

3. The fee for:

(a)	registering a judgment under section 105 (1) of the Commonwealth Act is $40; and
(b)	issuing a sealed copy of a judgment for registration under that subsection is $10.

1993—No. 139

Costs

4. (1) The fees allowed for service of process of the Court in

another State or part of the Commonwealth shall be either:

(a)	in accordance with the scale of fees in force for the time being in the court of that State or part most analogous in jurisdiction to the Court; or
(b)	if there is no such scale, in accordance with the scale of fees in force for the time being in the Court for service of process of the Court in this State.

(2) The costs to be allowed under section 107 (1) (a) of the Commonwealth Act (obtaining and lodging the copy of the judgment) are, unless the Court otherwise orders, the sum of

(a) the fees paid to the Court for the registration of the judgment; and

(b) $233.

EXPLANATORY NOTE

The purpose of the amendments is to provide for fees to be paid and costs to be recoverable in respect of work done under the Service and Execution of Process

Act 1992 (Cth.), which commences on 10 April 1993.

E. J. O’Grady

Secretary to the Rule Committee.