Local Court Amendment Rules (No. 2) 1991 (WA)

27 September 1991) 4985

GOVERNMENT GAZETTE, WA

CW302

LOCAL COURTS ACT 1904

LOCAL COURT AMENDMENT RULES (N 2) 1991

Made by His Excellency the Governor in Executive Council.

Citation

1. These rules may be ,ited as the Local Court Amendment Rules (No. 2)

1991.

Commencement

2. These rules shall take effect on the day that is one month after the day

that these rules are published in the Gazette.

Appendix mended

3. The Appendix to the Local Court Rules 1961* is amended in Part II by deleting the Table headed "Table of Court Fees" and substituting the following Table —

Table of Court Fees

Fee

Item Service Claim not Claim

exceeding exceeding	Notes
$4 000	$4 000

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;

4986 GOVERNMENT GAZETTE, WA [27 September 1991

Table of Court Fees

Fee

Item Service Claim not Claim

exceeding exceeding	Notes
$4 000	$4 000

(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;
(f)	entry of judgment by default, or under s.47A;
(g)	issue of certificate of judgment,

in the Small Disputes

Division —

financially disadvantaged

persons	$29.00
other persons	$37.50
in other than the Small Disputes Division	$46.00 $64.00

2.    Defence, set-off or counter-

claim on filing notice of

defence:  $23.00 $37.00 1. Subject to

including —  rule 1A. 

Order 10

(a)

filing all necessary

applications and 2. Only one fee

affidavits including	payable
applications in	irrespective
Chambers,	of number of
interrogatories or	defendants.

discovery (including
replies thereto);

(b)

all necessary witness
summonses;

(c)

appointment to tax
costs (but not
including taxing fee
payable on amount of
Bill filed for taxation),

27 September 19911 GOVERNMENT GAZETTE, WA 4987

Table of Court Fees

Fee

Item Service Claim not Claim

exceeding exceeding	Notes
$4 000	$4 000

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

counterclaim.

3.	Trial - Hearing fee:	$51.00	$79.00
(Payable, where the action is not an action for a small debt, upon application to
Est 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) and proceedings under s.47A;
(b)	pretrial conference, trial of defended action, or assessment of damages;
(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).

4.	Enforcement proceeding of $22.50	$37.00
any kind: including -

(a) filing certificates of
judgments in any
Local Court;

4988 GOVERNMENT GAZETTE, WA [27 September 1991

Table of Court Fees

Fee

Item Service Claim not Claim

exceeding exceeding	Notes
$4 000	$4 000

(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. Interpleader Proceedings
(fees to prepaid by claimant)
for issue of summons and
hearing fee $22.50 $37.00

6. Search $5.50 $5.50 But where
search made by
recognized
reporting
service
approved by the
Attorney
General $0.80.

7.	Service of summons authorized by post, inclusive
of cost of postage $13.00 $13.00
8.	For issuing any duplicate warrant, summons, order or other document under Order
38 Rule 21 or 22 $11.00 $11.00
9.	Examination of witnesses de bene esse before Clerk —

for the first hour or part

thereof $13.00 $26.00

and for every subsequent

hour or part thereof $11.04 $20.00

27 September 19911 GOVERNMENT GAZETTE, WA 4989

Table of Court Fees

Fee

Item Service Claim not Claim

exceeding	exceeding	Notes
$4 000	$4 000

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

to the proceedings -

per page $3.70 $3.70

second and subsequent When supplied

copies per page	650	65o	to the same
minimum charge	$8.00	$15.00	applicant

Photocopies of other Minimum

documents - per page 900 900 charge $4.50

For certifying that a
document is a true copy -
an additional fee of $4.50 is
payable.

11.

amount of $1.00 on amount
of filed bill, any less amount
than $1.00 to be
disregarded - provided
that where the bill exceeds
$500 the fee is reduced to
$0.025 in the $1.00 for the

Taxing costs, $0.05 in each $6.00.

12.

(1) For an application for documents that are required

to be produced to any court

or tribunal (including an
umpire or arbitrator) .. $7.50 $15.00

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

(a) of an hour during
which he is

for each hour or part from his office;	$13.00	$22.50
and

(b) in addition, his
reasonable expenses.

4990 GOVERNMENT GAZETTE, WA [27 September 1991

Table of Court Fees

Fee

Item Service Claim not Claim

exceeding exceeding	Notes
$4 000	$4 000

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

land $37.50 $37.50 registered post.

(b) warrant of execution.. $22.50 $22.50

14.	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 of Includes hearing fee,

appeal, notice of

summons to

motion, application

witness, and

or other document

initiating issue of order.

proceedings $43.00 $43.00

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

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

For subsequent amendments see 1990 Index to Legislation of Western

Australia, p.299 Gazettes of 21 June 1991.]

By His Excellency's Command,

L. M. AULD, Clerk of the Council.