Local Court Amendment Rules (No. 4) 1990 (WA)

26 October 1990] GOVERNMENT GAZETTE, WA 5375

that these rules are published in the Gazette.

CW302

LOCAL COURTS ACT 1904
LOCAL COURT AMENDMENT RULES (No. 4) 1990

Made by the Lieutenant-Governor and Deputy of the Governor in Executive
Council.
Citation

1.   These rules may be cited as the Local Court Amendment Rules (No. 4)

1990.
Commencement

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

1. GOVERNMENT GAZETTE, WA [26 October 1990

   Appendix amended

   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 Notes

exceeding exceeding

$4 000 $4 000

1.

For entering any plaint:
excluding service fee, but in-
cluding—

(a) any re-issue of sum-
mons;

(b)	postage of any process issued for service by bailiff of foreign court;
(c)	any summons for recov- ery of possession;
(d)	any originating sum- mons 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 guard- ian;
(f)	entry of judgment by de- fault, or under S. 47A;
(g)	issue of certificate of judgment,

in the Small Disputes Divi-

sion—

financially disadvantaged

persons	$24.50
other persons	$32.50

in other than the Small Dis-

putes Division $40.50 $57.00

2. Defence, set-off or counter- claim on filing notice of de- $21.00 $34.50 1. Subject to Order

fence:	10 rule 1A.
including—
(a) filing all necessary ap- plications and affidavits	2. Only one fee

payable irrespec-

including applications in	tive of number of
Chambers, interrogato-	defendants.
ries or discovery (includ- ing 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),

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

26 October 19901 GOVERNMENT GAZETTE, WA 5377

Table of Court Fees—continued

Fee

Item Service Claim not Claim Notes

exceeding exceeding

$4 000 $4 000

3. Trial—Hearing fee: $48.00 $74.00

(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 ap- plications and affidavits including applications in Chambers, interrogato- ries or discovery (includ- ing replies thereto) and proceedings under s. 47A;
(b)	pretrial conference, trial of defended action, or as- sessment 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

any kind:	$21.00	$34.50
including—

(a)	filing certificates of judgments in any Local Court;
(b)	issue of any judgment summons, any warrant of execution or posses- sion, order of commit- ment, garnishee pro- ceedings, or other en- forcement action and in- cluding any necessary

re-issue of such process

(one fee only is payable

for issue of any one or more of above proc- esses).

5. Interpleader Proceedings
(fees to prepaid by claimant)

for issue of summons and

$21.00 $34.50

hearing fee

6. Search $5.00 $5.00 But where search
made by recognised
reporting service
approved by the
Attorney General
$0.70.

7.     Service of summons author- ized by post, inclusive of cost

of postage $12.00 $12.00

8. For issuing any duplicate warrant, summons, order or other document under Order 38 Rule 21 or 22— $10.00 $10.00

5378   GOVERNMENT GAZETTE, WA [26 October 1990

Table of Court Fees—continued

Fee

Item Service Claim not Claim Notes

exceeding exceeding

$4 000 $4 000

9. Examination of witnesses de
bene esse before Clerk—

for the first hour or part

thereof	$12.00	$24.00
and for every subse- quent hour or part
thereof	$10.00	$19.00

10.    Copies of transcript of pro- ceedings or notes of evidence supplied to a party to the proceedings—

per page $3.50 $3.50

second and subsequent

copies per page 60c 60c When supplied

minimum charge $7.00 $14.00 to the same appli-
cant

Photocopies of other

documents—per page....	80c	80c	Min. charge $4.00
For certifying that a document is a true copy—an additional fee of $4.00 is payable.

11. Taxing costs, $0.05 in each amount of $1.00 on amount of filed bill, any less amount than $1.00 to be disre- garded—provided that where the bill exceeds $500 the fee is reduced to $0.025 in the $1.00 for the excess— minimum charge $6.00.

12. (1) For an application for the production of records or doc- uments that are required to be produced to any court or tribunal (including an um- pire or arbitrator) $7.00 $14.00

(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; and, in addition, $12.00 $21.00

(b) his reasonable expenses

13. Fees payable in proceedings Includes filing of

under the Metropolitan certificate of rates

Water Supply, Sewerage,	unpaid,
and Drainage Act 1909, Part	advertisement in
VIII (6) (iii), in respect of—	Government Gazette, issue of notices and service by registered post.
(a) each lot or parcel of

land $35.00 $35.00

(b) warrant of execution $21.00 $21.00

26 October 1990] GOVERNMENT GAZETTE, WA 5379

Table of Court Fees—continued

Fee

Item Service Claim not Claim Notes

exceeding exceeding

$4 000 $4 000

14. Fees payable in connection with an appeal, motion, ap-	Includes hearing
fee, summons to

plication or proceeding	witness, and issue
under any statute now or	of order.
hereafter in force, where the matter is not otherwise spe- cifically provided for in the Act or these Rules—

(a) on lodging notice of ap- peal, notice of motion, application or other doc- ument initiating pro- ceedings $40.00 $40.00

(b) stating case for Supreme

Court $70.00 $70.00 ".

(*Reprinted in the Gazette of 17 November 1976 at pp. 4329-4560. For amendments to 11 September 1990 see pp. 289-90 of 1989 Index to Legislation of Western Australia and Gazette of 4 May 1990.1

By Command of the Lieutenant-Governor and Deputy of the Governor,

M. C. WAUCHOPE, Clerk of the Council.