Local Court Regulations (NT)

NORTHERN TERRITORY OF AUSTRALIA

LOCAL COURT REGULATIONS

As in force at 1 July 2013

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — CitationCitation2 — FeesFees3 — Time for payment of fees4 — Exemption from payment of feeExemption from payment of fee5 — Waiver of fee in case of hardshipWaiver of fee in case of hardshipSchedule — FeesENDNOTES northern territory of australia

northern territory of australia

As in force at 1 July 2013

local court regulations

Regulations under the Local Court Act

1Citation

These Regulations may be cited as the Local Court Regulations.

2Fees

Subject to regulations 4 and 5, the fee payable for a procedure or matter specified in the Schedule is the fee specified in the Schedule opposite the procedure or matter.

3Time for payment of fees

• (1)

  A fee specified in item 1, 2, 3 or 4 of the Schedule is payable to the Court:

  • (a)

    in the case of a fee specified in item 1 or 2 – at the time of filing; or

  • (b)

    in the case of a fee specified in item 3 or 4 – on demand by the Court.

• (2)

  A fee specified in item 5 or 6 is payable to the bailiff:

  • (a)

    in the case of a fee specified in item 5 – on demand by the bailiff after service; or

  • (b)

    in the case of a fee specified in item 6 – on execution of the warrant.

  4Exemption from payment of fee
• (1)

  Subject to subregulation (3), a person acting in a proceeding for or by the authority of the Territory is, in relation to that proceeding, exempt from payment of the fees specified in item 1 or 2 of the Schedule.

• (2)

  A person exempt from payment of a fee under subregulation (1) is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the fee that would, but for that subregulation, have been payable.

• (3)

  On recovery of the fee, the person must pay an amount equal to the fee to the Court.

5Waiver of fee in case of hardship

If, in a particular case, the Registrar is of the opinion that the payment of a fee specified in item 1, 2, 3 or 4 of the Schedule would cause financial hardship to the plaintiff, applicant or party who must pay the fee, the Registrar may waive payment of the whole or a part of the fee.

ScheduleFees

regulation 2

Item No.	Fee (revenue units unless otherwise stated)
1	Filing (a) Statement of claim or originating application under Part 7 of the Rules seeking monetary relief where the amount is: (i) more than $5 000 but less than $10 000 (ii) $10 000 or more but less than $20 000 (iii) $20 000 or more (iv) an unspecified amount	232 355 435 435
(b) Statement of claim or originating application under Part 7 of the Rules other than a claim or application seekingmonetary relief	232
(c) Statement of claim or originating application under Part 7 of the Rules seeking relief other than monetary relief in addition to, or as an alternative to, monetary relief where the amount in addition to or as an alternative to relief is: (i) more than $5 000 but less than $10 000 (ii) $10 000 or more but less than $20 000 (iii) $20 000 or more (iv) an unspecified amount	232 355 435 435
(d) Application for an interpleader order under Part 14 of the Rules	126
(e) Application for an order under Part 18 of the Rules seeking preliminary discovery or discovery from a non-party	126
(f) Application for a re-hearing under Part 36 of the Rules	271
(g) Notice of appeal under Part 37 of the Rules	115
(h) Application for the issue of a warrant	62
(i) Application for an order under Chapter 2 of the Rules	62
(j) Any other application under an Act other than the Local Court Act or a provision of any other Act as specified in this Schedule	126
(l) Judgment filed for registration under section 105 of the Service and Execution of Process Act 1992 (Cth)	134
2	Taxation of costs
Filing a bill of costs under Part 38 of the Rules	385
3	Orders
Certified copy of order under Part 35 of the Rules	66
4	Inspection
Inspection under section 12(3) of the Act – per file	22
5	Service
Bailiff fee for service under Part 4, Division 2 of the Rules (for 2 attempts)	125
6	Execution of Warrants
(a) Bailiff fee for execution of warrant of possession	136
(b) Bailiff fee for execution of warrant of seizure and sale where the value of property to be seized is: (i) less than $5 000 (ii) $5 000 or more but less than $20 000 (iii) $20 000 or more (c) Bailiff fee for execution of other warrants	91 136 180 65
7	Photocopying by Court staff – per page	$2

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Local Court Regulations (SL No. 39, 1998)
Notified	7 October 1998
Commenced	7 October 1998
Amendments of Local Court Regulations (SL No. 10, 2000)
Notified	1 March 2000
Commenced	1 March 2000
Amendment of Local Court Regulations (SL No. 23, 2001)
Notified	30 May 2001
Commenced	30 May 2001
Amendments of Local Court Regulations (SL No. 45, 2002)
Notified	1 November 2002
Commenced	1 November 2002
Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006)
Notified	8 November 2006
Commenced	8 November 2006
Justice Legislation Amendment Act 2007 (Act No. 5, 2007)
Assent date	24 April2007
Commenced	s 37 (except amd of Criminal Code and Legal Profession Act 2006): 1 May 2007 (s 2(1), s 2 Victims of Crime Assistance Act 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007, p 7); rem: 24 April 2007
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified	14 December 2009
Commenced	1 January 2010 (r 2)
Fees and Charges (Attorney-General and Justice Portfolio) Amendment Regulations 2013 (SL No. 27, 2013)
Notified	28 June 2013
Commenced	1 July 2013 (r 2)

• 3

  LIST OF AMENDMENTS

r 3                     sub No. 10, 2000, r 3

r 5                     amd No. 10, 2000, r 4; No. 36, 2006, r 9

sch                    amd No. 10, 2000, r 5; No. 23, 2001; No. 45, 2002, r 2

sub No. 36, 2006, r 10

amd Act No. 5, 2007 s 37; No. 34, 2009, r 10

sub No. 27, 2013, r 6