Local Courts (Civil Claims) Act 1970 Local Courts (Civil Claims) Amendment (Fees) Regulation 1998 (1998-615) [GG No 157 of 30.10.1998, p 8676] (NSW)

1998 No 615

New South Wales

Local Courts (Civil Claims)

Amendment (Fees) Regulation 1998

under the

Local Courts (Civil Claims) Act 1970

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 Rule 2 (5) of Part 2 of 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.

Section 10F (2) of the Local Courts (Civil Claims) Act 1970 (before its repeal by Schedule 22 [2] to the Courts Legislation Amendment Act 1998) provided that the rules made under that Act prescribing fees and in force immediately before the commencement of Division 3A of that Act ( 1 October 1992) are taken to be regulations made by the Governor. Rule 2 of Part 2 commenced on 1 July 1989.

A savings and transitional provision inserted in the Local Courts (Civil Claims) Act 1970 (by Schedule 22 [3] to the Courts Legislation Amendment Act 1998) is to the effect that the repeal of section 10F of that Act does not affect the status of rules and regulations made under that Act and in force on 3 August 1998.

This Regulation is made under the Local Courts (Civil Claims) Act 1970. including section 85 (Regulations—court fees).

Published in Gazette No 157 of 30 October 1998, page 867 Page 1

1998 No 615

Clause 1 Local Courts (Civil Claims) Amendment (Fees) Regulation 1998

Local Courts (Civil Claims) Amendment (Fees)

Regulation 1998

1 Name of Regulation

This Regulation is the Local Courts (Civil Claims) Amendment

(Fees) Regulation 1998.

2 Commencement

This Regulation commences on 1 November 1998.

3 Amendment of Local Courts (Civil Claims) Rules 1988

Rule 2 of Part 2 of the Local Courts (Civil Claims) Rules 1988 is amended as set out in Schedule 1.

4 Note

The explanatory note does not form part of this Regulation.

1998 No 615

Local Courts (Civil Claims) Amendment (Fees) Regulation 1998

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:

I .	Filing a statement of claim:
( a ) in respect of a claim for an

amount not exceeding $3,000 52.00

(b) in respect of a claim for an

amount exceeding $3,000 but

not exceeding $10,000 69.00
(c)	in respect of a claim for an
amount exceeding $10,000 130.00

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 52.00

(b) in respect of a claim for an

amount exceeding $3,000 but

not exceeding $10,000 69.00
( c )	in respect of a claim for an
amount exceeding $10,000 130.00

3.       Filing a certificate or certified copy of

conviction or order 52.00

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 $10,000 96.00
( c )	in respect o f a claim f o r an
amount exceeding $10,000 163.00

1998 No 615

Local Courts (Civil Claims) Amendment (Fees) Regulation 1998

Schedule 1 Amendment

5.      Filing an application for a n order under

section 18A (1) of the Arbitration

(Civil Actions) Act 1983 for the

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 231.00

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	56.00)

(b) per page. where the matter being

transcribed is 3 months old or

older 7.50

(minimum fee for 1 to 8 pages 66.00)

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 f o r

production 22.00

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

1998 No 615

Local Courts (Civil	Claims) Amendment (Fees) Regulation	1998
Amendment	Schedule	1

(c)	To issue a subpoena to give
evidence 11.00

13.      Execution or attempted execution of a

writ of execution or warrant to

apprehend a judgment debtor 46.00

14.       Disbursements in executing or

attempting to execute a writ of	As
execution. including a fee for keeping	prescribed
possession.	by the

Scale of

Fees

15.	Levy on a writ of execution	under the
Sheriff Act 1900