Local Court Amendment Rules 1993 (WA)

830	GOVERNMENT GAZETTE, WA	[26 January 1993
CW302

2. These rules shall come into operation on 1 March 1993.

LOCAL COURTS ACT 1904

LOCAL COURT AMENDMENT RULES 1993

Made by His Excellency the Governor in Executive Council.

Citation

1.      These rules may be cited as the Local Court Amendment Rules 1993.

Commencement

26 January 19931 GOVERNMENT GAZETTE, WA 831

Appendix amended

3. The Appendix to the Local Court Rules 1961* is amended in Part II —

(a) by deleting the Table headed "Table of Court Fees" and

substituting the following Table —

Table of Court Fees

Fee

Item	Service	Claim Claim Claim	Notes
not exceed- exceed- exceed- ing ing

ing	$5 000	$10 000
$5 000	but not exceed- ing
$10 000

1.          For entering any plaint: excluding service fee, but including —

(a)	any re-issue of summons;
(b)	postage of any process issued for service by bailiff of foreign court;
(c)	any summons for recovery of possession;
(d)	any originating summons not otherwise specified;
(e)	any application ancillary to entry of plaint (but prior

to entry of
defence) including for substituted service, extension of time, addition of parties or appointment of guardian;
(0	entry of judgment by default;
(g)	issue of certificate of judgment,

in the Small Disputes

Division — $40.00

in other than the Small
Disputes Division $40.00 $80.00 $160.00

832 GOVERNMENT GAZETTE, WA [26 January 1993

Fee

Item	Service	Claim Claim Claim	Notes
not exceed- exceed-

exceed- ing ing

ing	$5 000	$10 000
$5 000	but not exceed- ing
$10 000

2. Defence, set-off or
counter-claim on filing
notice of defence: $30.00 $30.00 $30.00 1. Subject

including — to
Order

(a)	filing all necessary	10 rule
applications and	IA.
affidavits
including

applications in 2. Only one fee

payable

Chambers, interrogatories or	irrespective
of number of
discovery (including replies thereto);	defendants.

(b)	all necessary witness summonses;
(c)	appointment to tax costs (but not including taxing

fee payable on

amount of Bill
filed for taxation),

and where set-off or
counterclaim involved, the
hearing fee, and entry of
judgment on set-off or

counterclaim.

3.	Trial - Hearing fee:	$50.00	$100.00 $150.00
(Payable, where the

action is not an action for

a small debt, upon
application to list for trial
or other application
consequential upon filing

of defence) including —

(a)	filing all necessary applications and affidavits including applications in Chambers, interrogatories or discovery (including replies thereto);
(b)	pretrial conference, trial of defended action, or assessment of damages;

26 January 1993] GOVERNMENT GAZETTE, WA 833

Fee

Item Service Claim Claim Claim Notes

not exceed- exceed-

exceed- ing ing

ing	$5 000	$10 000
$5 000	but not exceed- ing
$10 000

(c)	hearing of recovery of possession applications;
(d)	application for new trial;
(e)	appointment to tax costs (but not including taxing fee payable on amount of Bill filed).

3A. Applications for summary $40.00
judgement pursuant to
s.47A $80.00 $120.00

4. Enforcement proceeding
of any kind:
including — $20.00 $40.00 $80.00

(a)	filing certificates of judgments in any Local Court;
(b)	issue of any judgment summons, any warrant of execution or possession, order of commitment, garnishee proceedings, or other enforcement action and
including any
necessary re-issue
of such process (one fee only is payable for issue
of any one or more of above processes).

5. Search $6.00 $6.00 $6.00 But where
search made by
recognized
reporting
service
approved by the
Attorney
General $1.00.

6. Service of summons authorized by post, inclusive of cost of postage $15.00 $15.00 $15.00

834 GOVERNMENT GAZETTE, WA [26 January 1993

Fee

Item	Service	Claim	Claim	Claim	Notes
not	exceed-	exceed-

exceed- ing ing

ing	$5 000	$10 000
$5 000	but not exceed- ing
$10 000

7.         For issuing any duplicate warrant, summons, order or other document

under Order 38 Rule 21
or 22 $11.00 $11.00 $11.00

8.          Examination of witnesses

de bene esse before

clerk —
for the rust hour or part

thereof $15.00 $30.00 $45.00

and for every subsequent

hour or part thereof $10.00 $20.00 $30.00

9.          Copies of transcript of proceedings or notes of evidence supplied to a party to the

proceedings —

per page $4.00 $4.00 $4.00
second and subsequent copies per page $1.00 $1.00 $1.00 When supplied to the same applicant.
Minimum charge $12.00 $12.00 $12.00
Photocopies of other
documents — per page .. $1.00 $1.00 $1.00 For certifying that a document is a true copy — an additional fee of $5.00 is payable.
10.	Taxing costs, $0.05 in each amount of $1.00 on amount of filed bill, any less amount than $1.00 to be disregarded — provided that where the bill exceeds $1 000 the fee is reduced to $0.025 in the $1.00 for the excess — minimum charge $10.00.

26 January 1993] GOVERNMENT GAZETTE, WA 835

Fee

Item	Service	Claim Claim Claim	Notes
not exceed- exceed-

exceed- ing ing

ing	$5 000	$10 000
$5 000	but not exceed- ing
$10 000

11.       (1) For an application for the production of records or documents that are

required to be produced to
any court or tribunal
(including an umpire or
arbitrator)

$10.00 $20.00 $40.00

(2) If an officer is
required to attend at any
court or place out of the

court building —

(a)	for each hour or part of an hour during which he is
necessarily absent from his office ... $20.00 $20.00 $20.00

and

(b) in addition, his
reasonable
expenses.

12.	Fees payable in	Includes filing
proceedings under the	of certificate of
Metropolitan Water	rates unpaid,
Supply, Sewerage, and	advertisement
Drainage Act 1909, Part	in Government
VIII (6) (iii), in respect	Gazette, issue of
of—	notices and services by

(a) each lot or parcel registered post.

of land $50.00 $100.00 $150.00

(b)	warrant of
execution $20.00 $40.00 $80.00

13.	Fees payable in connection with an appeal, motion, application or proceeding under any statute now or hereafter in force, where the matter is not otherwise specifically provided for in the Act or these Rules —
(a) on lodging notice Includes

of appeal, notice of	hearing fee,
motion,	summons to
application	witness, and
or other document	issue of order.
initiating
proceedings	$50.00 $100.00 $150.00

836 GOVERNMENT GAZETTE, WA [26 January 1993

Fee

Item Service Claim Claim Claim Notes

not exceed- exceed-

exceed- ing ing

ing	$5 000	$10 000
$5 000	but not exceed- ing
$10 000

(b) stating case for
Supreme Court . . $75.00 $75.00 $75.00

and

(b) by deleting the Table headed "Bailiff's Fees" and substituting the

following table —

BAILIFF FEES

Item	Service	Fee
1. (a)	Service of any process when non-personal	$10.80
service may be utilized.
1. (b)	Service of any process requiring personal	$15.00
service.
1.	(c)	Additional Fee where an attempt to effect any service is unsuccessful and the clerk is satisfied that the failure was not due to any fault of the bailiff and that a further attempt to effect the service is necessary one additional fee not exceeding SO% of fee prescribed by either Item 1 (a) or 1 (b) is payable.

2. (a) Execution of any process or for an arrest or for each seizure of goods, including service of any notice and returns and conveying a debtor to Court when executing a Bench Warrant or for investigation and appraisal of seizable assets. $30.00

2. (b)	Attempted Execution	$15.00
2. (c)	Enquires or Attendances prior to Execution	$10.80
2. (d)	Inspection of chattels under seizure

NOTE: Where the bailiff has several warrants
only one fee is chargeable to the first Warrant $10.80

in priority

3. (a)	Kilometreage	$0.70
For kilometres travelled on execution of a	For travel in the
warrant or other process, or on service of a	metropolitan
summons other process or document, or on	area: $0.70
making an arrest or for all other necessary	For travel
attempts, attendances and inspections for	outside the
each kilometre (one way) from the bailiff's	metropolitan
office	area or such additional fee as
NOTE: Where more than one process or	the clerk may
document is executed or served at the same	allow.
time on the same person or on different persons at the same address, only one allowance for kilometres travelled shall be chargeable.

26 January 19931 GOVERNMENT GAZETTE, WA 837

Item	Service	Fee
NOTE: In addition to the above the bailiff may charge kilometreage to convey a debtor from a place of arrest to Court or a lockup
provided the clerk is satisfied those duties have been carried out and where a bailiff will be required to travel an excessive distance the clerk may require kilometreage to be prepaid into Court. Prepaid fees shall be allowed or disallowed by the clerk upon completion of execution.
NOTE: Outside the metropolitan region kilometreage is not claimable for the first 6 kilometres by bailiffs stationed at Albany,
Bunbury, Geraldton or Kalgoorlie when serving or executing a process.
3. (b)	Special Fee to bailiff at Albany, Bunbury,
Geraldton or Kalgoorlie (per process for
service or execution).	$4.50
4.	Preparation for Sale
Providing the clerk is satisfied duties have been carried out the following fees are allowed: for personalty
REVS search	$5.00
Bill of Sale and Encumbrance Search	$10.00
for realty
Encumbrance investigation for personalty or realty Implementation of an advertising program	$30.00
$40.00
5.	Attendance at Sale
(or to cancel same)	$30.00
6.	Poundage

(a) Execution or other process under or by
reason of which money is received by the

Poundage on executing a Warrant of creditor — after seizure 5% on the first

$10,000.00 and 2.5% on the balance above

that amount.

(b) Where the sale of land, interest in land, or goods or chattels is conducted by a licensed auctioneer instructed by the bailiff, poundage shall be charged at one- half the abovementioned rates.

NOTE: In the case of land or an interest in land, service of the Warrant of Execution on the Registrar of Titles under s.133 of the

Transfer of Land Act 1893 shall be deemed to

be "seizures for the purpose of this item.

NOTE: Poundage is to be calculated on the amount realized at the sale but the maximum amount upon which poundage is to be calculated is the amount of the judgment debt notwithstanding sale proceeds may exceed the amount of the judgment debt.

838 GOVERNMENT GAZETTE, WA [26 January 1993

Item	Service	Fee
7.	Where the sale, whether by public auction or otherwise, is conducted by the bailiff or his officer without the intervention of an auctioneer or agent, poundage of one per centum of the proceeds of sale (in addition to that prescribed by item 6 (a)) shall be chargeable; but the amount chargeable under this item shall not exceed $80.00

8.	(a)	Poundage on executing a Warrant of Possession — 2.5% on the annual rental value of property as fixed by the clerk, but the amount chargeable under this item shall not exceed $100.00.
(b)	Poundage on executing a Warrant of Delivery — 5% on the first $10,000.00 and 2.5% on the balance of the value of the property delivered, as fixed by the clerk.

NOTE: Poundage as assessed by the clerk must be prepaid and held by the Court until execution is completed.

9.              Possession

NOTE: Claimable by bailiff when he enters into close possession of chattels and retains actual physical possession and control.

NOTE: If this item is claimed an allowance	$3.00 per day
under item 12 (d) is not appropriate.	for maximum of 10 days.

10.

For auctioneer's or agent's	A fee fixed in
commission, advertising	accordance with
and sundry expenses	the recognised
on account of sale	scale of charges
by auction or	for auctioneers
otherwise of goods	and agents in
or chattels, or land	the State of
or any interest in land,	Western
whether a sale does or	Australia or

does not take place.

such other fee
as the clerk may
allow.

11.

Where a sale takes place by auction or

)

private contract, or when no sale takes

)

place —

)	The sums
)	actually and

(a) for advertising and giving publicity to )	reasonably paid.
any sale, or intended sale, printing	) catalogues and bills and distributing )
and posting the same ) )

(b)

For labour (if any) employed in lotting )

and showing goods or chattels,	)
preparing catalogues and where	)
a sale takes place by auction	)
attending the sale and superintending the removal of goods or chattels by purchaser .	)

)

. ) )

(c) travelling expenses )

26 January 1993] GOVERNMENT GAZETTE, WA 839

Item Service Fee
$

12. (a) Assistants required to execute a )

Warrant or Order ) )

(b) Man in possession	) )
(c) Out-of-pocket expenses incurred	)

by the bailiff or officer while	)
serving or executing any process	)
including postage, telegraphic	)
and telephonic messages, and	)
travelling expenses of himself	)
and assistants	)
) The sums

(d) Warehousing or storage of goods ) actually and

or vehicles which are being or	)	reasonably paid.
about to be, or have been removed,	)
and insurance thereof against fire,	)
damage and in the case of motor	)
vehicles, accident and third	)
party risk	) )

(e) Removal or cartage expenses ) )

(f)	Where animals or other livestock	)
have been removed, for taking	)
charge of same and for their keep	)
while in custody of the bailiff	)
whether before or after	)
removal	) )

(g) REVS searches, corporate searches )

and any other search allowed by	)
the clerk.	)

13. Where a bailiff is required to attend Court in
charge of any person including a prisoner
ordered to attend for examination pursuant to
an order of the Court, or to lodge any person
in a lock up, the reasonable travelling and
other expenses of the officer and the person or
prisoner, and in addition for each hour or part

of an hour when the officer is necessarily

engaged $27.00

14. (a) Attendance on a Judgment Summons hearing

or related matter $1.00

14. (b) Attendance at trial $2.00

15.            Where a bailiff; or other person employed

under a bailiff; shall be necessarily put to and

incur extra trouble and expense in the

discharge of any duty incidental to his office

or employment or for any duty or service

not herein provided, such sum or such

additional sum, as the case may be, as the

clerk may allow. ,,

Various rules amended

4. The Local Court Rules 1961* are amended by deleting "$10 000" wherever it appears in the provisions referred to in the Table to this rule and substituting in each place the following —

" $25 000

840 GOVERNMENT GAZETTE, WA [26 January 1993

TABLE

Order 5 rule 16 (a)
Order 5 rule 17
Order 16 rule 13
Order 16 rule 14 (heading)
Order 16 rule 14

Order 37 rule 20

[* Reprinted in the Gazette of 17 November 1976 at pp.4329-560.

For amendments to 8 January 1993 see 1991 Index to Legislation of

Western Australia p.403-4 and Gazette of 28 July 1992.1

By His Excellency's Command,

D. G. BLIGHT, Clerk of the Council.