Local Courts (Civil Claims) Act 1970 Local Courts (Civil Claims) Amendment (Fees) Regulation 1996 (1996-646) [GG No 150 of 20.12.1996] (NSW)

1996 No 646

New South Wales

Local Courts (Civil Claims)

Amendment (Fees) Regulation 1996

under the

Local Courts (Civil Claims) Act 1990

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Local Courts (Civil Claims) Act

1970.

JEFFREY SHAW, Q C , M.L.C.,

Attorney General.

Explanatory note

The object of this Regulation is to increase certain fees set out in the Local

Courts (Civil Claims) Rules 1988 to be paid to a registrar in respect of the

business of a Local Court under the Local Courts (Civil Claims) Act 1970. This Regulation is made under the Local Courts (Civil Claim) Act 1970, including section 85 (Regulations-court fees).

Published in Gazette No 150 of 20 December 1996, page 8566 Page 1

1996 No 646

Clause 1 Local Courts (Civil Claims) Amendment (Fees) Regulation 1996

Local Courts (Civil Claims) Amendment (Fees)

Regulation 1996

1 Name of Regulation

This Regulation is the Local Courts (Civil Claims) Amendment

(Fees) Regulation 1996.

2 Commencement

This Regulation commences on 1 January 1997.

3 Amendment of Local Courts (Civil Claims) Rules 1988

Rule 2 of Part 2 of the Local Courts (Civil Claims) Rules 1988 (which, by virtue of section 10F (2) of the Local Courts (Civil

Claims) Act 1970, is taken to be a regulation made by the

Governor) is amended as set out in Schedule 1.

4 Note

The explanatory note does not form part of this Regulation.

1996 No 646

Local Courts (Civil Claims) Amendment (Fees) Regulation 1996

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Part 2, Rule 2 Fees

Omit Rule 2 (5). Insert instead:

(5) The fees to be paid to the registrar in respect of the
business of the court are as follows:

1.      Filing a statement of claim:

(a) in respect of a claim for an

amount not exceeding $3,000 51.00

(b) in respect of a claim for an

amount exceeding $3,000 but

not exceeding $I0,000 68.00
(c)	in respect of a claim for an
amount exceeding $I0,000 127.00

2.     Filing a notice of cross-claim or a third or subsequent party notice:

(a) in respect of a claim for an

amount not exceeding $3,000 51.00

(b) in respect of a claim for an

amount exceeding $3,000 but

not exceeding $l0,000 68.00
(c)	in respect of a claim for an
amount exceeding $10,000 127.00

3.      Filing a certificate or certified copy of

conviction or order 51.00

4.      Filing a certificate of readiness:

(a) in respect of a claim for an

amount not exceeding $3,000 Nil

(b) in respect of a claim for an

amount exceeding $3,000 but

not exceeding $I0,000 94.00
(c)	in respect of a claim for an
amount exceeding $10,000 159.00

1996 No 646

Local Courts (Civil Claims) Amendment (Fees) Regulation 1996

Schedule 1 Amendment

5.      Filing an application for order under

section 18 (2) of the Arbitration (Civil

Actions) Act 1983 for rehearing of an

action referred for arbitration. This
amount is subject to any rules
providing for the refund of the whole

or any part of the amount 226.00

6.      Making a copy of any document or

part of a document, other than as

prescribed by Item 7, per page 2.00

(minimum fee 10.00)

7.      Supply of duplicate tape recording of

sound-recorded evidence, per cassette 30.00

8.      For each copy of the transcript of any proceedings:

(a) per page, where the matter being

transcribed is under 3 months

old	6.50
(minimum fee for 1 to 8 pages	55.00)

(b) per page, where the matter being

transcribed is 3 months old or

older 7.50

(minimum fee for 1 to 8 pages 65.00)

9.      Except as provided by Item 10, service

or attempted service by an officer of

the Sheriff of any process or other document, including service by post and preparation of affidavit of service 34.00

10.      Service or attempted service of a

statement of claim by post, for each

address at which service is effected or

attempted 22.00.

11.      Filing an application for a certificate of

judgment (otherwise than pursuant to the Service and Execution of Process Act 1992 of the Commonwealth) 11.00
12.	(a) To issue a subpoena for

production 22.00

(b)	To issue a subpoena for
production and to give evidence 22.00
(c)	To issue a subpoena to give
evidence 11.00

1996 No 646

Local Courts (Civil Claims) Amendment (Fees) Regulation 1996

Amendment Schedule 1

13.      Execution or attempted execution of a

writ of execution or warrant to

apprehend a judgment debtor 45.00

14.

Disbursements in executing or	As
attempting to execute a writ of	prescribed
execution, including a fee for keeping	by the
possession.	Scale of Fees

15.

Levy on a writ of execution under the
Sheriff
Act 1900