Legal Profession Amendment (Civil Procedure) Regulation 2005 (NSW)
2005 No 412
New South Wales
Legal Profession Amendment (Civil
Procedure) Regulation 2005
under the
Legal Profession Act 1987
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Legal Profession Act 1987.
BOB DEBUS, M.P.,
Attorney General
Explanatory note
The object of this Regulation is to substitute Schedule 3 to the Legal Profession Regulation 2002 (which prescribed the costs chargeable for the uncontested recovery of lump sum debts and the enforcement of judgments by judgment creditors) as a consequence of the enactment of the Civil Procedure Act 2005. The costs so prescribed remain unchanged.
This Regulation is made under the Legal Profession Act 1987, including section 216 (the general power to make regulations) and section 196.
| Published in Gazette No 100 of 10 August 2005, page 4259 | Page 1 |
| 2005 No 412 | |
| Clause 1 | Legal Profession Amendment (Civil Procedure) Regulation 2005 |
Legal Profession Amendment (Civil Procedure)
Regulation 2005
under the
Legal Profession Act 1987
1 Name of Regulation
This Regulation is the Legal Profession Amendment (Civil Procedure)
Regulation 2005.
2 Commencement
This Regulation commences on 15 August 2005.
3 Amendment of Legal Profession Regulation 2002
The Legal Profession Regulation 2002 is amended as set out in
Schedule 1.
2005 No 412
Legal Profession Amendment (Civil Procedure) Regulation 2005
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 3)
Schedule 3
Omit the Schedule. Insert instead:
Schedule 3 Costs for recovery of lump sum
debts and for enforcement of
judgments by judgment creditors
(Clause 47)
Part 1 Supreme Court
No Item Amount 1 Preparation of process Costs of taking instructions, preparing documents and filing $858 statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server
2 Service of additional defendants Costs of service—for each additional defendant $50 3 Substituted service Costs of substituted service including $488 drawing/typing/checking of affidavit, notice of motion and
cheque to pay account of process server4 Service interstate or overseas Costs of service in another jurisdiction:
(a) within Australia—including obtaining leave to $187 proceed and drawing/typing/checking notice of
motion(b) outside Australia in a country where English is the $128 official language—including
drawing/typing/checking of request for service and
notice to defendant to be served(c) outside Australia in a country where English is not $578 the official language—including
drawing/typing/checking of request for special
service and notice to defendant to be served
2005 No 412
Legal Profession Amendment (Civil Procedure) Regulation 2005
| Schedule 1 | Amendment |
No Item Amount 5 Default judgment Costs on applying for default judgment for recovery of $1,246 lump sum debt including all matters listed in Item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support
6 Foreign judgments Costs on obtaining certificate of judgment under section 15 of the Foreign Judgments Act 1991 of the Commonwealth, including drawing/typing/checking of summons, minute of judgment, certificate under that section and affidavit of
facts
(a) if a solicitor is required to attend the court to settle $687 judgment (b) if a solicitor is not so required $481 7 Writ of execution
Costs of taking instructions, preparing documents and filing $530 notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff
Part 2 District Court
No Item Amount 1 Preparation of process Costs of taking instructions, preparing documents and filing $642 statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server
2 Service of additional defendants Costs of service—for each additional defendant $50 3 Substituted service Costs of substituted service including $462 drawing/typing/checking of notice of motion, affidavit and
cheque to pay account of process server
2005 No 412
Legal Profession Amendment (Civil Procedure) Regulation 2005
| Amendment | Schedule 1 |
No Item Amount 4 Default judgment—liquidated claim Costs on applying for default judgment for recovery of $956 lump sum debt including all matters listed in Item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support
5 Default judgment—unliquidated claim Costs on obtaining judgment in undefended proceedings $1,335 including all matters listed in Items 1 and 4 6 Order for examination Costs of obtaining an order for examination, including $506 drawing/typing/checking of notice of motion and cheque to
pay account of process server7 Arrest of judgment debtor Costs on issue of warrant for arrest of judgment debtor $217 including drawing/typing/checking of notice of motion for
issue of warrant8 Writ of execution Costs of taking instructions, preparing documents and filing $388 notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff
Part 3 Local Court
No Item Amount 1 Preparation of process Costs of taking instructions, preparing documents and filing $491 statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server
2 Default judgment—liquidated claim Costs on applying for default judgment for recovery of $712 lump sum debt including all matters listed in Item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support
| 2005 No 412 | Legal Profession Amendment (Civil Procedure) Regulation 2005 |
| Schedule 1 | Amendment |
No Item Amount 3 Default judgment—unliquidated claim Costs on obtaining judgment in undefended proceedings $1,228 including all matters listed in Items 1 and 2 4 Conditions applicable to Items 1–3 Items 1, 2 and 3 are alternatives, and only one of them is applicable in respect of any matter. If, in respect of any of those Items, if the amount at issue in the proceedings:
(a) does not exceed $1,000—the costs are 40% of the amount specified for that Item, or (b) exceeds $1,000 but does not exceed $5,000—the costs are 60% of the amount specified for that Item, or (c) exceeds $5,000 but does not exceed $20,000—the costs are 80% of the amount specified for that Item, or (d) exceeds $20,000—the costs are the full amount specified for that Item. 5 Order for examination
Costs of obtaining an order for examination, including $293 drawing/typing/checking of notice of motion and cheque to
pay account of process server6 Examination of judgment debtor
Costs on examination of judgment debtor by solicitor $213 7 Arrest of judgment debtor
Costs on issue of warrant for arrest of judgment debtor $155 including drawing/typing/checking of notice of motion for
issue of warrant8 Writ of execution
Costs of taking instructions, preparing documents and filing $198 notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff
BY AUTHORITY
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