District Court Amendment (Fees) Regulation 2004 (NSW)

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2004 No 353

New South Wales

District Court Amendment (Fees)

Regulation 2004

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, by approximately 4 per cent, certain court fees (as set out in the District Court Regulation 2000) payable in respect of the business of the District Court.
This Regulation also omits all references to a hearing fee (for the 6th and each subsequent day of a hearing) that is no longer applicable.
This Regulation is made under the District Court Act 1973, including section 150

(Regulations: Court fees).

Published in Gazette No 104 of 25 June 2004, page 4475	Page 1
2004 No 353
Clause 1	District Court Amendment (Fees) Regulation 2004

District Court Amendment (Fees) Regulation 2004

under the

District Court Act 1973

1 Name of Regulation
This Regulation is the District Court Amendment (Fees) Regulation
2004.

2 Commencement

This Regulation commences on 1 July 2004.

3 Amendment of District Court Regulation 2000
The District Court Regulation 2000 is amended as set out in
Schedule 1.

2004 No 353

District Court Amendment (Fees) Regulation 2004

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 3 Interpretation
Omit the definition of hearing fee from clause 3 (1).
[2]      Clause 5 Fees not chargeable to the Crown
Omit “or hearing fee” from clause 5 (2).
[3]      Clause 6 Pro bono cases
Omit “or hearing fee” wherever occurring.
[4]      Clause 7 Postponement of fees in certain other cases
Omit “or hearing fee” from clause 7 (3A).
[5]      Clause 8 Persons by and to whom fees payable (other than hearing allocation fees)
Omit “or hearing fees” from clause 8 (4) (a).
[6]      Clause 8A Persons by and to whom hearing allocation fees payable
Omit “or hearing fee” wherever occurring.
[7]      Clause 8A (1) (a)
Omit “or 18 respectively”.
[8]      Clause 9 Time for payment of fees
Omit “or hearing fee” from clause 9 (1).
[9]      Clause 9 (1B)
Omit the subclause.
[10]      Clause 9A Action available if hearing allocation fee not paid
Omit “or hearing fee”.

2004 No 353

District Court Amendment (Fees) Regulation 2004

Schedule 1

Amendments

[11] Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Court fees

(Clause 4)

$

1 (1) Filing a statement of claim or any other originating 876.00 (in the case
process (other than the filing of an originating of a corporation) or
process referred to in paragraph (2)) 438.00 (in any
other case)
(2) Filing an originating process by way of a notice of 362.00 (in the case
appeal of a corporation) or
181.00 (in any
other case)
(3) Filing a notice of cross-claim or third or subsequent 876.00 (in the case
party notice of a corporation) or
438.00 (in any
other case)
2 Filing notice of motion under Part 16 of the District 114.00 (in the case
Court Rules 1973 (not being a filing referred to in of a corporation) or
item 1) 57.00 (in any other
case)
3 (1) Filing a requisition for a civil trial by a jury (to be 1,498.00 (in the
paid by the party requesting a jury) case of a
corporation) or
749.00 (in any
other case)
(2) Daily retention fee (to be paid by the party 680.00 (in the case
requesting a jury for each day a jury is required of a corporation) or
after the first day of a civil trial) 340.00 (in any
other case)
4 Making a copy of any document, for each page 2.00
(minimum fee of $10.00)

2004 No 353

District Court Amendment (Fees) Regulation 2004

Amendments

Schedule 1

$

5 Supply of duplicate tape recording of sound- 35.00
recorded evidence, for each cassette
6 For each copy of the transcript of any proceedings:

(a) for each page, where the matter being 7.60
transcribed is under 3 months old
(minimum fee for 1 to 8 pages of $64.00)
(b) for each page, where the matter being 8.70
transcribed is 3 months old or older
(minimum fee for 1 to 8 pages of $75.00)

7 Service or attempted service of any process or other 44.00
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
8 Execution or attempted execution of any writ or 55.00
warrant—for each address at which execution of
the writ or warrant is effected or attempted

9

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

on instructions from a judgment creditor—if sale }As prescribed fees under the
does not proceed Sheriff Act
1900

11 For work undertaken in preparing for a sale of land by the scale of
12 The travelling expenses incurred by officers in 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)

2004 No 353

District Court Amendment (Fees) Regulation 2004

Schedule 1

Amendments

$

14 On referral for hearing by an arbitrator under the 557.00

Arbitration (Civil Actions) Act 1983 (to be paid equally between the parties)
15 Filing an application for an order under section 18A 850.00 (in the case
(1) of the Arbitration (Civil Actions) Act 1983 for of a corporation) or
the rehearing of an action referred for arbitration 425.00 (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 To issue a subpoena (for production, to give 110.00 (in the case

evidence, or both)

of a corporation) or 55.00 (in any other case)
17 For allocation of a date for hearing the proceedings 936.00 (in the case
by a judge or a judge and jury of a corporation) or
468.00 (in any
other case)

Note 1. The hearing allocation fee is payable by the plaintiff or appellant in the proceedings. If the Court or a registrar so orders, the fee is payable by another party to the proceedings or by any parties to the
proceedings in the proportions ordered.
Note 2. A hearing allocation fee is payable for
proceedings allocated a date for hearing after 1
October 2003 whether the proceedings were
initiated before or after that date.
Note 3. A hearing allocation fee is not payable:

(a) in criminal proceedings, or
(b) in proceedings of an interlocutory nature only.
Note 4. A hearing allocation fee is not payable and, if paid, is to be remitted, if:

(a)

the proceedings do not proceed on the allocated date for hearing, and

(b)

a registrar is satisfied that the adjournment was due to circumstances beyond the control of the parties to the proceedings.

BY AUTHORITY

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District Court Amendment (Fees) Regulation 2004 (NSW)

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1	(1)	Filing a statement of claim or any other originating	876.00 (in the case
process (other than the filing of an originating	of a corporation) or
process referred to in paragraph (2))	438.00 (in any other case)
(2)	Filing an originating process by way of a notice of	362.00 (in the case
appeal	of a corporation) or 181.00 (in any other case)
(3)	Filing a notice of cross-claim or third or subsequent	876.00 (in the case
party notice	of a corporation) or 438.00 (in any other case)
2	Filing notice of motion under Part 16 of the District	114.00 (in the case
Court Rules 1973 (not being a filing referred to in	of a corporation) or
item 1)	57.00 (in any other case)
3	(1)	Filing a requisition for a civil trial by a jury (to be	1,498.00 (in the
paid by the party requesting a jury)	case of a corporation) or 749.00 (in any other case)
(2)	Daily retention fee (to be paid by the party	680.00 (in the case
requesting a jury for each day a jury is required	of a corporation) or
after the first day of a civil trial)	340.00 (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-	35.00
recorded evidence, for each cassette
6	For each copy of the transcript of any proceedings:

(a)	for each page, where the matter being	7.60
transcribed is under 3 months old (minimum fee for 1 to 8 pages of $64.00)
(b)	for each page, where the matter being	8.70
transcribed is 3 months old or older (minimum fee for 1 to 8 pages of $75.00)

7	Service or attempted service of any process or other	44.00
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
8	Execution or attempted execution of any writ or	55.00
warrant—for each address at which execution of the writ or warrant is effected or attempted
9	Disbursements in executing or attempting to execute a writ of execution, including a fee for keeping possession
10	Levy on a writ of execution

on instructions from a judgment creditor—if sale	}As prescribed	fees under the
does not proceed	Sheriff Act 1900

14	On referral for hearing by an arbitrator under the	557.00
Arbitration (Civil Actions) Act 1983 (to be paid equally between the parties)
15	Filing an application for an order under section 18A	850.00 (in the case
(1) of the Arbitration (Civil Actions) Act 1983 for	of a corporation) or
the rehearing of an action referred for arbitration	425.00 (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	To issue a subpoena (for production, to give	110.00 (in the case
evidence, or both)	of a corporation) or 55.00 (in any other case)
17	For allocation of a date for hearing the proceedings	936.00 (in the case
by a judge or a judge and jury	of a corporation) or 468.00 (in any other case)
Note 1. The hearing allocation fee is payable by the plaintiff or appellant in the proceedings. If the Court or a registrar so orders, the fee is payable by another party to the proceedings or by any parties to the
proceedings in the proportions ordered. Note 2. A hearing allocation fee is payable for proceedings allocated a date for hearing after 1 October 2003 whether the proceedings were initiated before or after that date. Note 3. A hearing allocation fee is not payable:

(a)	in criminal proceedings, or
(b)	in proceedings of an interlocutory nature only.

(a)	the proceedings do not proceed on the allocated date for hearing, and
(b)	a registrar is satisfied that the adjournment was due to circumstances beyond the control of the parties to the proceedings.