District Court Amendment (Fees) Regulation 2003 (NSW)

2003 No 387

New South Wales

District Court Amendment (Fees)

Regulation 2003

under the

District Court Act 1973

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

BOB DEBUS, M.P.,

Attorney General

Explanatory note
The object of this Regulation is to increase certain court fees, as set out in the District Court Regulation 2000 (the Principal Regulation), to be paid to a registrar in respect of the business of the District Court under the District Court Act 1973. The fee increases are in line with movements in the Consumer Price Index.

Consistently with fees payable by corporations in respect of the business of the Supreme Court, this Regulation introduces certain fees at a corporate rate (being twice the individual rate). The corporate rate does not apply to transcript and copying fees or to the fee for referring matters for hearing to an arbitrator under the Arbitration (Civil Actions) Act 1983. This Regulation also contains several amendments to the Principal Regulation of a consequential nature.

This Regulation is made under the District Court Act 1973, including section 150

(Regulations: Court fees).

Published in Gazette No 104 of 27 June 2003, page 6053	Page 1
2003 No 387
Clause 1	District Court Amendment (Fees) Regulation 2003

District Court Amendment (Fees) Regulation 2003

under the

District Court Act 1973

1      Name of Regulation

This Regulation is the District Court Amendment (Fees) Regulation

2003.

2 Commencement

This Regulation commences on 1 July 2003.

3 Amendment of District Court Regulation 2000

The District Court Regulation 2000 is amended as set out in

Schedule 1.

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2003 No 387

District Court Amendment (Fees) Regulation 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 3

Omit the clause. Insert instead:

3 Interpretation

(1)	In this Regulation:
corporation has the same meaning as in section 57A of the Corporations Act 2001 of the Commonwealth.
(2)	Notes in the text of this Regulation do not form part of this Regulation.

[2]      Clause 4 Fees chargeable

Insert at the end of the clause:

(2)

However, a reference in that Schedule to a corporation does not include a reference to a corporation that produces evidence, satisfactory to a registrar:

(a)	that its turnover, in the financial year of the corporation immediately preceding the financial year in which the fees are to be taken, was less than $200,000, or
(b)	if the corporation has not been in existence for a full financial year—that its turnover in its first financial year is likely to be less than $200,000.

[3]      Clause 8 Persons by and to whom fees payable

Insert after clause 8 (2):

(3) A reference in Schedule 1 to a fee payable in the case of a corporation is a reference to a corporation on whose behalf a request is made to file a document or render a service.

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2003 No 387

District Court Amendment (Fees) Regulation 2003

Schedule 1 Amendments

[4]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court fees

(Clause 4)

$

1	(1)	Filing a statement of claim or any other originating	842.00 (in the
process (other than the filing of an originating	case of a
process referred to in paragraph (2))	corporation) or 421.00 (in any other case)
(2)	Filing an originating process by way of a notice of	348.00 (in the
appeal	case of a corporation) or 174.00 (in any other case)
(3)	Filing a notice of cross-claim or third or subsequent	842.00 (in the
party notice	case of a corporation) or 421.00 (in any other case)
2	Filing notice of motion under Part 16 of the District	110.00 (in the
Court Rules 1973 (not being a filing referred to in	case of a
item 1)	corporation) or 55.00 (in any other case)
3	(1)	Filing a requisition for a civil trial by a jury (to be	1,440.00 (in the
paid by the party requesting a jury)	case of a corporation) or 720.00 (in any other case)

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2003 No 387

District Court Amendment (Fees) Regulation 2003

Amendments Schedule 1

$

(2)	Daily retention fee (to be paid by the party requesting	654.00 (in the
a jury for each day a jury is required after the first	case of a
day of a civil trial)	corporation) or 327.00 (in any other case)

4	Making a copy of any document, for each page	2.00
(minimum fee of $10.00)
5	Supply of duplicate tape recording of sound-recorded	34.00
evidence, for each cassette
6	For each copy of the transcript of any proceedings:

(a)	for each page, where the matter being	7.30
transcribed is under 3 months old (minimum fee for 1 to 8 pages of $62.00)
(b)	for each page, where the matter being	8.40
transcribed is 3 months old or older (minimum fee for 1 to 8 pages of $72.00)

7	Service or attempted service of any process or other	84.00 (in the
document, including service by post and preparation	case of a
of an affidavit of service—for each address at which	corporation) or
service of the process or other document is effected	42.00 (in any
or attempted	other case)
8	Execution or attempted execution of any writ or	106.00 (in the
warrant—for each address at which execution of the	case of a
writ or warrant is effected or attempted	corporation) or 53.00 (in any other case)

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2003 No 387

District Court Amendment (Fees) Regulation 2003

Schedule 1 Amendments

$

9               Disbursements in executing or attempting to execute a writ of execution, including a fee for keeping possession

does not proceed	}As	under the
Sheriff Act

10             Levy on a writ of execution

prescribed

11	For work undertaken in preparing for a sale of land	by the scale
on instructions from a judgment creditor—if sale	of fees
12	The travelling expenses incurred by officers in	1900
conveying an arrested person to prison or to court
13	Attending a view by a jury (to be paid by the party making the request)
14	On referral for hearing by an arbitrator under the	536.00
Arbitration (Civil Actions) Act 1983 (to be paid equally between the parties)
15	Filing an application for an order under section 18A	818.00 (in the
(1) of the Arbitration (Civil Actions) Act 1983 for the	case of a
rehearing of an action referred for arbitration	corporation) or 409.00 (in any other case)
Note: This amount is subject to any provision of the District Court Rules 1973 providing for the refund of the whole or any part of this amount.

16	(1)	To issue a subpoena for production	106.00 (in the case of a corporation) or 53.00 (in any other case)
(2)	To issue a subpoena for production and to give	106.00 (in the
evidence	case of a corporation) or 53.00 (in any other case)

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2003 No 387

District Court Amendment (Fees) Regulation 2003

Schedule 1 Amendments

$

(3) To issue a subpoena to give evidence 54.00 (in the
case of a
corporation) or
27.00 (in any
other case)

BY AUTHORITY

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