District Court (Fees) Variation Regulations 2020 (SA)
South Australia
District Court (Fees) Variation Regulations 2020
under the District Court Act 1991
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of District Court Regulations 2018
4 Variation of regulation 3—Interpretation
5 Variation of regulation 4—Fees in civil proceedings
6 Substitution of Schedule 1
Schedule 1—Fees in Civil Division
7 Substitution of Schedule 2
Schedule 2—Fees in Criminal Injuries Division
8 Substitution of Schedule 3
Schedule 3—Fees in Criminal Division
Part 1—Preliminary
1—Short title
These regulations may be cited as the District Court (Fees) Variation Regulations 2020.
2—Commencement
These regulations come into operation on 27 April 2020.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of District Court Regulations 2018
4—Variation of regulation 3—Interpretation
Regulation 3—after the definition of Crown insert:
Electronic System means the system made available by the Court that enables the electronic management of Court processes including the creation, filing and issue of Court documents;
5—Variation of regulation 4—Fees in civil proceedings
Regulation 4(2)(a)(i)—delete "plaintiff" and substitute:
applicant
Regulation 4(3)—delete "clause 17" wherever occurring and substitute in each case:
clause 19
Regulation 4(3)(c)—delete "plaintiff or appellant" and substitute:
applicant
Regulation 4(3)(d)—delete "proceedings" wherever occurring and substitute in each case:
proceeding
6—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Fees in Civil Division
1
On filing a final notice of claim—
(a) in the case of a notice of claim filed using the Electronic System
$22.70
(b) in any other case
$54.50
2
On filing an application for discovery of documents before the commencement of a proceeding—
(a) for a prescribed corporation
$240.00
(b) for any other person
$171.00
3
On filing a document to commence a proceeding in the District Court—
(a) in the case where a fee has previously been paid for filing an application for discovery of documents relating to the subject‑matter of the proceeding—
(i) for a prescribed corporation
$1 633.00
(ii) for any other person
$1 158.00
(b) in any other case—
(i) for a prescribed corporation
$1 873.00
(ii) for any other person
$1 329.00
4
On transferring a proceeding commenced in the Magistrates Court to the Court—
(a) in the case of a prescribed corporation
$1 873.00 less the fees already paid in respect of the proceeding in the Magistrates Court
(b) in any other case
$1 329.00 less the fees already paid in respect of the proceeding in the Magistrates Court
5
On filing an application under the National Credit Code
$263.00
6
On filing a cross action in the nature of a counter claim or third party claim—
(a) for a prescribed corporation
$1 873.00
(b) for any other person
$1 329.00
7
On transferring a cross action in the nature of a counter claim or third party claim commenced in the Magistrates Court to the Court—
(a) in the case of a prescribed corporation
$1 873.00 less the fees already paid in respect of the cross action in the Magistrates Court
(b) in any other case
$1 329.00 less the fees already paid in respect of the cross action in the Magistrates Court
8
On setting a date for trial—
(a) for a prescribed corporation
$1 873.00
(b) for any other person
$1 329.00
9
On filing a notice of appeal or notice of cross appeal to the Court constituted of a Judge (other than a notice of appeal to the ADD)—
(a) for a prescribed corporation
$1 873.00
(b) for any other person
$1 329.00
10
On filing or lodging an application, notice or other document that does not relate to a proceeding for which a fee has been paid under any of the preceding clauses—
(a) for a prescribed corporation
$240.00
(b) for any other person
$171.00
11
For sealing a certificate or certifying under seal that a document is a true copy
$79.50
12
For each request to search and/or inspect a record of the Court
$25.30
13
For an unsealed copy of the record of the Court
$25.30
14
For a sealed copy of the record of the Court
$79.50
15
For copy of evidence—
(a) per page in electronic form
$8.50
(b) per page in hard‑copy form
$10.90
16
For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceeding free of charge.
$8.50
17
For copy of any other document—per page
$5.10
18
For production of transcript at request of a party where the Court does not require the transcript—per page
$17.20
19
Trial fee—for each day or part of a day on which the trial is heard by the Court
(a) for a prescribed corporation
$1 873.00
(b) for any other person
$1 329.00
20
Suitors' Fund—on interest collected on funds in Court or credited to an account, payable on transfer of interest out of the fund or account or at such earlier time or times as required by the Court
(a) if the interest is $10.00 or less
no fee
(b) in any other case
3% of amount of interest
21
Taxation of costs—
(a) on filing a claim for costs in an existing proceeding
$79.50
(b) on filing an originating application for taxation of legal costs
$79.50
(c) for taxing an itemised claim for costs
5% of amount allowed on taxation (to nearest dollar)
22
For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour
$407.00
23
For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour
$1 227.00
7—Substitution of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Fees in Criminal Injuries Division
1
On filing a document by which a proceeding is commenced—
(a) for a prescribed corporation
$240.00
(b) for any other person
$171.00
2
For each request to search and/or inspect a record of the Court
$25.30
3
For an unsealed copy of the record of the Court
$25.30
4
For a sealed copy of the record of the Court
$79.50
Note—
No fee is payable under clauses 2, 3 or 4 for a request made in respect of a record relating to criminal proceedings by or on behalf of the defendant or the victim of the offence that is the subject of those proceedings.
5
For copy of evidence—
(a) per page in electronic form
$8.50
(b) per page in hard‑copy form
$10.90
6
For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceeding free of charge.
$8.50
7
For copy of any other document—per page
$5.10
8
For production of transcript at request of a party where the Court does not require the transcript—per page
$17.20
9
Taxation of costs—
(a) on filing a claim for costs in an existing proceeding
$79.50
(b) on filing an originating application for taxation of legal costs
$79.50
(c) for taxing an itemised claim for costs
5% of amount allowed on taxation (to nearest dollar)
10
For opening Registry (or Registry remaining open) after hours for urgent execution of process—per hour or part of an hour
$407.00
11
For opening Court (or Court remaining open) after hours for urgent hearing—per hour or part of an hour
$1 227.00
8—Substitution of Schedule 3
Schedule 3—delete the Schedule and substitute:
Schedule 3—Fees in Criminal Division
1
For each request to search and/or inspect a record of the Court
$25.30
2
For an unsealed copy of the record of the Court
$25.30
3
For a sealed copy of the record of the Court
$79.50
Note—
No fee is payable under clauses 1, 2 or 3 for a request made in respect of a record relating to criminal proceedings by or on behalf of the defendant or the victim of the offence that is the subject of those proceedings.
4
For sealing a certificate or certifying under seal that a document is a true copy
$79.50
5
For copy of evidence—
(a) per page in electronic form
$8.50
(b) per page in hard‑copy form
$10.90
6
For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceeding free of charge.
$8.50
7
For copy of any other document—per page
$5.10
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 2 April 2020
No 30 of 2020
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