Local Courts (Civil Claims) Act 1970 Local Courts (Civil Claims) Amendment (Fees) Regulation 1999 (1999-579) [GG No 124 of 29.10.1999, p 10268] (NSW)

1999 No 579

Local Courts (Civil Claims) New South Wales

Amendment (Fees) Regulation 1999

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.

J. W. SHAW, Q.C., M.L.C.,

Attorney General

Explanatory note
The object of this Regulation is to increase certain court 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 of the Local Courts (Civil Claims) Rules 1988 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 124 of 29 October 1999, page 10268	Page 1
[8]
1999 No 579
Clause 1	Local Courts (Civil Claims) Amendment (Fees) Regulation 1999

Local Courts (Civil Claims) Amendment (Fees)
Regulation 1999

1      Name of Regulation

This Regulation is the Local Courts (Civil Claims) Amendment

(Fees) Regulation 1999.

2 Commencement

This Regulation commences on 1 November 1999.

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 Notes

The explanatory note does not form part of this Regulation.

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1999 No 579

Local Courts (Civil Claims) Amendment (Fees) Regulation 1999

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	54
(b)	in respect of a claim for an amount exceeding
$3,000 but not exceeding $10,000 72
(c)	in respect of a claim for an amount exceeding
$10,000 136

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	54
(b)	in respect of a claim for an amount exceeding
$3,000 but not exceeding $10,000 72
(c)	in respect of a claim for an amount exceeding
$10,000 136

3      Filing a certificate or certified copy of conviction

or order 54

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1999 No 579

Local Courts (Civil Claims) Amendment (Fees) Regulation 1999

Schedule 1 Amendment

$

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 $10,000 100
(c)	in respect of a claim for an amount exceeding
$10,000 169

5	Filing an application for an 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	241
6	Making a copy of any document or part of a

document, other than as prescribed by Item 7, for	2
each page	10)
(minimum fee

7 Supply of duplicate tape recording of sound-recorded evidence, for each cassette 30

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

(a) for each page, where the matter being

transcribed is under 3 months old

6.50

(minimum fee for 1 to 8 pages

56)

(b)

for each page, where the matter being

transcribed is 3 months old or older	7.50
(minimum fee for 1 to 8 pages	66)

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 35

10 Service or attempted service of a statement of claim by post, for each address at which service is effected or attempted 23

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1999 No 579

Local Courts (Civil Claims) Amendment (Fees) Regulation 1999

Amendment Schedule 1

$

11    Filing an application for a certificate of judgment

(otherwise than pursuant to the Service and

Execution of Process Act 1992 of the 11

Commonwealth)

12	(a) To issue a subpoena for production 23
(b) To issue a subpoena for production and to

give evidence 23

(c) To issue a subpoena to give evidence 11

13 Execution or attempted execution of a writ of execution or warrant to apprehend a judgment 48

debtor



14	Disbursements in executing or attempting to	
execute a writ of execution, including a fee for

keeping possession As
prescribed

15	Levy on writ of execution		by the
	Scale of
16	For work undertaken in preparing for a sale of land	Fees under
on instructions from a judgment creditor—if sale	the Sheriff
does not proceed	Act 1900


BY AUTHORITY

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