Dust Diseases Tribunal Amendment (Fees) Regulation 2007 (NSW)

2007 No 282

New South Wales

Dust Diseases Tribunal Amendment

(Fees) Regulation 2007

under the

Dust Diseases Tribunal Act 1989

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Dust Diseases Tribunal Act 1989.

JOHN HATZISTERGOS, M.L.C.,

Attorney General

Explanatory note
The objects of this Regulation are:

(a)	to increase certain fees payable in respect of proceedings before the Dust Diseases Tribunal, and
(b)	to make it clear that the party to a proceeding and a solicitor or other person representing that party in proceedings are jointly and severally liable for the payment of certain fees.

This Regulation is made under the Dust Diseases Tribunal Act 1989, including section 34

(Regulations: Tribunal fees).

Published in Gazette No 83 of 29 June 2007, page 4016	Page 1
2007 No 282
Clause 1	Dust Diseases Tribunal Amendment (Fees) Regulation 2007

Dust Diseases Tribunal Amendment (Fees) Regulation

2007

under the

Dust Diseases Tribunal Act 1989

1      Name of Regulation

This Regulation is the Dust Diseases Tribunal Amendment (Fees)
Regulation 2007.

2      Commencement

This Regulation commences on 1 July 2007.

3 Amendment of Dust Diseases Tribunal Regulation 2007

The Dust Diseases Tribunal Regulation 2007 is amended as set out in
Schedule 1.

2007 No 282

Dust Diseases Tribunal Amendment (Fees) Regulation 2007

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 8 Person by and to whom fees payable

Insert after clause 8 (1):

(1A) For the purposes of subclause (1), the fee provided for by item 13 of Schedule 1 is taken to be payable by the person who filed the notice to produce referred to in that item.

[2]      Clause 8 (2A)

Insert after clause 8 (2):

(2A) For the purposes only of subclause (2), a solicitor or other person by whom a person is carrying on proceedings is taken to be acting as an agent for that person.

[3]      Clause 9 First directions hearing fee

Omit subclause (2). Insert instead:

(2) If a party is carrying on proceedings by a solicitor or other person, the party and solicitor or other person are jointly and severally liable for the payment of the first directions hearing fee.

[4]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clause 4)

$

1	Filing an initiating process	306 (in the case of a corporation) or 153 (in any other case)
2	Filing a cross-claim	306 (in the case of a corporation) or 153 (in any other case)
3	Filing request for first directions	1,188 (in the case of a corporation)
hearing (for a claim or cross-claim)	or 594 (in any other case)
4	Filing notice of motion	306 (in the case of a corporation) or 153 (in any other case)

2007 No 282

Dust Diseases Tribunal Amendment (Fees) Regulation 2007

Schedule 1 Amendments

$

5             To open or keep open the registry or part of the registry:

(a) on a Saturday, Sunday or public 1,052 (in the case of a corporation)

holiday or 526 (in any other case)

(b)	on any other day:
(i) before 8.30 am or after 1,052 (in the case of a corporation)

4.30 pm or 526 (in any other case)

(ii)	between 8.30 and 9 am	110 (in the case of a corporation)
or 4 and 4.30 pm	or 55 (in any other case)

6             To furnish a copy of the written opinion or reasons for opinion of any member of the Tribunal:

(a)	for a printed copy	52
(b)	for any other kind of copy	32

Note. A party to proceedings before the Tribunal is entitled to one copy of the opinion or reasons for opinion in relation to the proceedings without charge.

7	Making a copy of any document, 2
otherwise than as provided for by item 5, for each page

(minimum fee of $10)

8	Supply of duplicate tape recording of 37
sound-recorded evidence, for each cassette

9             For each copy of the transcript of any proceedings:

(a) for each page, where the matter 8.20

being transcribed is under 3

months old

(minimum fee for 1 to 8 pages

of $68)

(b)	for each page, where the matter	9.30
being transcribed is 3 months old or older
(minimum fee for 1 to 8 pages of $78)

2007 No 282

Dust Diseases Tribunal Amendment (Fees) Regulation 2007

Amendments Schedule 1

$

10	To issue a subpoena for production	118 (in the case of a corporation) or 59 (in any other case)
11	To issue a subpoena for production and	118 (in the case of a corporation)
to give evidence	or 59 (in any other case)
12	To issue a subpoena to give evidence	58 (in the case of a corporation) or 29 (in any other case)
13	Receipt by the Registrar of a document	118 (in the case of a corporation)
or thing produced in compliance with a	or 59 (in any other case)
notice to produce under Part 34 of the Uniform Civil Procedure Rules 2005
14	The fee for a service not otherwise	62 (in the case of a corporation) or
provided for in this Schedule	31 (in any other case)
Note. This fee is chargeable only with the approval of the Registrar.

BY AUTHORITY