Legal Profession Amendment (Fixed Costs) Regulation 2013 (NSW)
2013 No 59
New South Wales
Legal Profession Amendment (Fixed
Costs) Regulation 2013
under the
Legal Profession Act 2004
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Legal Profession Act 2004.
GREG SMITH, MP
Attorney General
Explanatory note
The object of this Regulation is to increase the fixed costs for recovery of certain debts and enforcement of certain judgments in the Supreme Court, the District Court and the Local Court. The fixed costs were last increased on 1 January 2009.
This Regulation is made under the Legal Profession Act 2004, including sections 329, 330 and 738 (the general regulation-making power).
| Published LW 22 February 2013 | Page 1 |
| 2013 No 59 | |
| Clause 1 | Legal Profession Amendment (Fixed Costs) Regulation 2013 |
Legal Profession Amendment (Fixed Costs) Regulation
2013
under the
Legal Profession Act 2004
1 Name of Regulation
This Regulation is the Legal Profession Amendment (Fixed Costs)
Regulation 2013.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
2013 No 59
Legal Profession Amendment (Fixed Costs) Regulation 2013
| Amendment of Legal Profession Regulation 2005 | Schedule 1 |
| Schedule 1 | Amendment of Legal Profession Regulation 2005 |
Schedule 2
Omit the Schedule. Insert instead:
Schedule 2 Costs for recovery of certain debts
and enforcement of certain
judgments
(Clause 112)
Part 1 Supreme Court
No Item Amount 1 Preparation of process Costs of taking instructions, preparing documents and
filing statement of claim including
drawing/typing/checking of originating process and
cheque to pay account of process server:
(a) for recovery of lump sum debt $1,051 (b) for recovery of possession of land $1,321 2 Service of additional defendants etc
Costs of service:
(a) for each additional defendant $61 (b) in proceedings for the recovery of land where one $103 or more occupiers must be served with notice of proceedings, for each different address at which a notice is served
3 Substituted service
Costs of substituted service including $597 drawing/typing/checking of affidavit, notice of motion
and cheque to pay account of process server
2013 No 59
Legal Profession Amendment (Fixed Costs) Regulation 2013
| Schedule 1 | Amendment of Legal Profession Regulation 2005 |
No Item Amount 4 Service interstate or overseas Costs of service in another jurisdiction:
(a) within Australia—including obtaining leave to $229 proceed and drawing/typing/checking notice of
motion(b) outside Australia in a country where English is the $157 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 $708 not the official language—including
drawing/typing/checking of request for special
service and notice to defendant to be served5 Default judgment
Costs on applying for default judgment including all matters listed in item 1 plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support:
(a) for recovery of lump sum debt $1,526 (b) for recovery of possession of land $2,012 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 $842 judgment
(b) if a solicitor is not so required $589 7 Writ of execution
Costs of taking instructions, preparing documents and $649 filing 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
2013 No 59
Legal Profession Amendment (Fixed Costs) Regulation 2013
| Amendment of Legal Profession Regulation 2005 | Schedule 1 |
Part 2 District Court
No Item Amount 1 Preparation of process Costs of taking instructions, preparing documents and $786 filing statement of claim for recovery of lump sum debt
including drawing/typing/checking of originating
process and cheque to pay account of process server2 Service of additional defendants Costs of service—for each additional defendant $61 3 Substituted service Costs of substituted service including $565 drawing/typing/checking of notice of motion, affidavit
and cheque to pay account of process server4
Default judgment—liquidated claim, claim for possession of land or claim for detention of goods
Costs on applying for default judgment for recovery of $1,171 lump sum debt, claim for possession of land or claim for detention of goods, including all matters listed in item 1 plus drawing/typing/checking affidavit of service, notice of motion and affidavit in support
5 Default judgment—unliquidated claim Costs on obtaining judgment in undefended proceedings $1,636 including all matters listed in items 1 and 4 6 Order for examination Costs of issuing an examination notice and obtaining an $619 order for examination, including
drawing/typing/checking of notice of motion and cheque
to pay account of process server7 Failed examination of judgment debtor Costs on attending examination of judgment debtor $266 where the judgment debtor fails, without reasonable
excuse:
(a) to attend the examination, or (b)
to produce documents at the examination as required under the order for examination.
2013 No 59
Legal Profession Amendment (Fixed Costs) Regulation 2013
| Schedule 1 | Amendment of Legal Profession Regulation 2005 |
No Item Amount 8 Arrest of judgment debtor Costs on issue of warrant for arrest of judgment debtor $266 including drawing/typing/checking of notice of motion
for issue of warrant9 Writ of execution Costs of taking instructions, preparing documents and $476 filing 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 $602 filing 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 or claim for detention of goods
Costs on applying for default judgment for recovery of $872 lump sum debt or claim for detention of goods, including all matters listed in item 1 plus drawing/typing/checking affidavit of service, notice of motion and affidavit in
support 3 Default judgment—unliquidated claim Costs on obtaining judgment in undefended proceedings $1,505 including all matters listed in items 1 and 2 2013 No 59
Legal Profession Amendment (Fixed Costs) Regulation 2013
| Amendment of Legal Profession Regulation 2005 | Schedule 1 |
No Item Amount 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 issuing an examination notice and obtaining an $358 order for examination, including
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 $261 7 Failed examination of judgment debtor
Costs on attending examination of judgment debtor where $190 the judgment debtor fails, without reasonable excuse:
(a) to attend the examination, or (b) to produce documents at the examination as required under the order for examination. 8 Arrest of judgment debtor
Costs on issue of warrant for arrest of judgment debtor $190 including drawing/typing/checking of notice of motion
for issue of warrant9 Writ of execution
Costs of taking instructions, preparing documents and $242 filing 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
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0
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