Local Court Amendment Rules (No 3) 1998 (WA)

4754	GOVERNMENT GAZETTE, WA	128 August 1998
JM305*

Local Courts Act 1904

Local Court Amendment Rules

(No. 3) 1998

Made by the Governor in Executive Council.

1.           Citation

These rules may be cited as the Local Court Amendment Rules
(No. 3) 1998.

2.            Commencement

These rules take effect one month after their publication in the
Government Gazette.

3.            The rules amended

The amendments in these rules are to the Local Court Rules
1961*.

[* Reprinted 26 February 1996.

For amendments to 4 August 1998 see 1997 Index to
Legislation of Western Australia, Table 4, p. 168.]

4.            Appendix, Part H amended

The division of Part II of the Appendix headed "Table of Court
Fees" is deleted and the following division is inserted instead —

CC

Table of Court Fees

Service Claim not Claim Claim

exceeding exceeding exceeding

$5 000 $5 000 $10 000

but not

exceeding $10 000

1.      For entering any plaint, including an action for a

small debt; $44.00 $90.00 178.00

For commencing

proceedings under the

MWSS&D Act

Part VIII (6)(iii), for each

parcel of land; or $44.00 $90.00 178.00

For filing any originating

summons $44.00 $90.00 178.00

28 August 19981 GOVERNMENT GAZETTE, WA 4755

2.      Defence, set-off or

counter-claim; $34.00 (irrespective of value of claim)

(one fee payable

irrespective of number of

defendants)

or Chambers Application

filed by a defendant $34.00 (irrespective of value of claim)

3.       Hearing fee, including trial

fee, or hearing in Chambers,

or on any matter listed $55.00 $111.00 $189.00

(not payable for small

debts or residential

tenancies proceedings or

hearing of set-off or

counter-claim)

(Payable only where the

person applying is the
plaintf/f)

Garnishee proceedings where hearing fee not previously collected $55.00 $111.00 $189.00

4.       Application for summary

judgment (s. 47A) $44.00 $89.00 $133.00

5.       Enforcement proceedings

of any kind, including

warrant under the

MWSS&D Act or Restraint

of Debtors Act (only one $22.00 $44.00 $89.00

fee is payable for the issue
of any one or more
processes)

6.       Examination of witness de bene esse before a clerk -

for the first hour or

part thereof	$16.00	$31.00	$47.00
for every subsequent
hour or part thereof	$10.00	$21.00	$31.00

7.       Appeal motion, application

or proceeding within

jurisdiction that is not

specifically provided for $55.00 $111.00 $189.00

(includes hearing fee,

summons to witness and

issue of order)

Stating case for Supreme

Court $84.00 irrespective of value of claim

8.      Miscellaneous fees to be paid irrespective of value of claim -

(a) Search $10.00 (but where search
made by recognized
reporting service.... $1.00)

(b) Service of summons authorized by

post, inclusive of postage

$16.00

(c)

Issue of any duplicate document or

order under 0.38 r. 21 or r. 22 $12.00

(d)

Issue of any photocopies of other	$1.00 per page (an additional
documents	fee of $5.00 is to be paid per document for certffying that the document is a true copy)

4756 GOVERNMENT GAZETTE, WA [28 August 1998

(e) Copies of transcript of proceedings $4.00 per page, and where

or notes of evidence supplied to a	second or subsequent copies
party to the proceedings	are provided to the same applicant ... $1.00 per page (Minimum fee of $13.00 is payable)

9. Taxing Costs For the first $1 000 of a bill —

$0.05 for each $1.00 of the amount of the filed bill

(amounts of less than $1.00 to be disregarded);

For any part of a bill exceeding $1 000 —

$0.025 for each $1.00 in excess of $1 000.

(Minimum fee of $10.00 is payable regardless of

amount of bill)

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.