District Court Amendment (Fees) Regulation 2005 (NSW)

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2005 No 267

New South Wales

District Court Amendment (Fees)

Regulation 2005

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

(Regulation: Court fees).

Published in Gazette No 77 of 24 June 2005, page 2957	Page 1
2005 No 267
Clause 1	District Court Amendment (Fees) Regulation 2005

District Court Amendment (Fees) Regulation 2005

under the

District Court Act 1973

1 Name of Regulation
This Regulation is the District Court Amendment (Fees) Regulation
2005.

2 Commencement
This Regulation commences on 1 July 2005.

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

2005 No 267

District Court Amendment (Fees) Regulation 2005

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Court fees

(Clause 4)

$

1 (1) Filing a statement of claim or any other originating 908.00 (in the case of a
process (other than the filing of an originating corporation) or 454.00
process referred to in paragraph (2)) (in any other case)
(2) Filing an originating process by way of a notice of 376.00 (in the case of a
appeal corporation) or 188.00
(in any other case)
(3) Filing a notice of cross-claim or third or subsequent 908.00 (in the case of a
party notice corporation) or 454.00
(in any other case)
2 Filing notice of motion under Part 16 of the District 118.00 (in the case of a
Court Rules 1973 (not being a filing referred to in corporation) or 59.00
item 1) (in any other case)
3 (1) Filing a requisition for a civil trial by a jury (to be 1,554.00 (in the case

paid by the party requesting a jury)

of a corporation) or 777.00 (in any other case)
(2) Daily retention fee (to be paid by the party 706.00 (in the case of a
requesting a jury for each day a jury is required corporation) or 353.00
after the first day of a civil trial) (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 36.00
sound-recorded evidence, for each cassette
6 For each copy of the transcript of any proceedings:

(a) for each page, where the matter being 7.90
transcribed is under 3 months old
(minimum fee for 1 to 8 pages of $66.00)

2005 No 267

District Court Amendment (Fees) Regulation 2005

Schedule 1

Amendment

$

(b) for each page, where the matter being 9.00
transcribed is 3 months old or older
(minimum fee for 1 to 8 pages of $78.00)

7 Service or attempted service of any process or other 46.00
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 57.00
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

As prescribed by

11 For work undertaken in preparing for a sale of land the scale of fees
on instructions from a judgment creditor—if sale under the Sheriff
does not proceed Act 1900

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)

14 On referral for hearing by an arbitrator under the 578.00

Arbitration (Civil Actions) Act 1983 (to be paid equally between the parties)
15 Filing an application for an order under section 882.00 (in the case of a
18A (1) of the Arbitration (Civil Actions) Act 1983 corporation) or 441.00
for the rehearing of an action referred for (in any other case)
arbitration

Note. This amount is subject to any provision of the whole or any part of this amount.
16 To issue a subpoena (for production, to give 114.00 (in the case of a
evidence, or both) corporation) or 57.00
(in any other case)

2005 No 267

District Court Amendment (Fees) Regulation 2005

Amendment

Schedule 1

$

17 For allocation of a date for hearing the proceedings 972.00 (in the case of a
by a judge or a judge and jury corporation) or 486.00
(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 2005 (NSW)

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1	(1)	Filing a statement of claim or any other originating	908.00 (in the case of a
process (other than the filing of an originating	corporation) or 454.00
process referred to in paragraph (2))	(in any other case)
(2)	Filing an originating process by way of a notice of	376.00 (in the case of a
appeal	corporation) or 188.00 (in any other case)
(3)	Filing a notice of cross-claim or third or subsequent	908.00 (in the case of a
party notice	corporation) or 454.00 (in any other case)
2	Filing notice of motion under Part 16 of the District	118.00 (in the case of a
Court Rules 1973 (not being a filing referred to in	corporation) or 59.00
item 1)	(in any other case)
3	(1)	Filing a requisition for a civil trial by a jury (to be	1,554.00 (in the case
paid by the party requesting a jury)	of a corporation) or 777.00 (in any other case)
(2)	Daily retention fee (to be paid by the party	706.00 (in the case of a
requesting a jury for each day a jury is required	corporation) or 353.00
after the first day of a civil trial)	(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	36.00
sound-recorded evidence, for each cassette
6	For each copy of the transcript of any proceedings:

(a)	for each page, where the matter being	7.90
transcribed is under 3 months old (minimum fee for 1 to 8 pages of $66.00)

(b)	for each page, where the matter being	9.00
transcribed is 3 months old or older (minimum fee for 1 to 8 pages of $78.00)

7	Service or attempted service of any process or other	46.00
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	57.00
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

11	For work undertaken in preparing for a sale of land	the scale of fees
on instructions from a judgment creditor—if sale	under the Sheriff
does not proceed	Act 1900
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)
14	On referral for hearing by an arbitrator under the	578.00
Arbitration (Civil Actions) Act 1983 (to be paid equally between the parties)
15	Filing an application for an order under section	882.00 (in the case of a
18A (1) of the Arbitration (Civil Actions) Act 1983	corporation) or 441.00
for the rehearing of an action referred for	(in any other case)
arbitration
Note. This amount is subject to any provision of the whole or any part of this amount.
16	To issue a subpoena (for production, to give	114.00 (in the case of a
evidence, or both)	corporation) or 57.00 (in any other case)

17	For allocation of a date for hearing the proceedings	972.00 (in the case of a
by a judge or a judge and jury	corporation) or 486.00 (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.