Local Courts (Civil Claims) Act 1970 Local Courts (Civil Claims) Amendment (Fees) Regulation 2000 (2000-297) [GG No 81 of 30.6.2000, p 5426] (NSW)
2000 No 297
| Local Courts (Civil Claims) | New South Wales |
Amendment (Fees) Regulation 2000
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 objects of this Regulation are:
| (a) | 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, and |
| (b) | to provide for the postponement or waiver of filing fees in a Local Court if the persons by whom or on whose behalf the documents are to be filed are persons receiving legal assistance through a community legal centre. |
This Regulation is made under the Local Courts (Civil Claims) Act 1970, including section 85 (Regulations—court fees).
| Published in Gazette No 81 of 30 June 2000, page 5426 | Page 1 |
| [8] | |
| 2000 No 297 | |
| Clause 1 | Local Courts (Civil Claims) Amendment (Fees) Regulation 2000 |
Local Courts (Civil Claims) Amendment (Fees)
Regulation 2000
1 Name of Regulation
This Regulation is the Local Courts (Civil Claims) Amendment (Fees)
Regulation 2000.
2 Commencement
This Regulation commences on 1 July 2000.
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.
2000 No 297
Local Courts (Civil Claims) Amendment (Fees) Regulation 2000
| 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 56
(b) in respect of a claim for an amount exceeding
$3,000 but not exceeding $10,000 74 (c) in respect of a claim for an amount exceeding
$10,000 140 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 56
(b) in respect of a claim for an amount exceeding
$3,000 but not exceeding $10,000 74 (c) in respect of a claim for an amount exceeding
$10,000 140 3 Filing a certificate or certified copy of conviction or
order 56
2000 No 297
Local Courts (Civil Claims) Amendment (Fees) Regulation 2000
| 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 $10,000 103 (c) in respect of a claim for an amount exceeding
$10,000 174 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
248
6 Making a copy of any document or part of a
document, other than as prescribed by Item 7, for
each page 2
(minimum fee 10) 7 Supply of duplicate tape recording of
sound-recorded evidence, for each cassette 31 8 For each copy of the transcript of any proceedings:
(a) for each page, where the matter being
transcribed is under 3 months old 6.70 (minimum fee for 1 to 8 pages 58)
(b) for each page, where the matter being
transcribed is 3 months old or older 7.70 (minimum fee for 1 to 8 pages 68) 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 39 10 Service or attempted service of a statement of claim
by post, for each address at which service is
effected or attempted 26
2000 No 297
Local Courts (Civil Claims) Amendment (Fees) Regulation 2000
| 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
Commonwealth) 11 12
(a) To issue a subpoena for production 24
(b) To issue a subpoena for production and to give
evidence 24
(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 debtor
49
14 Disbursements in executing or attempting to
execute a writ of execution, including a fee As for keeping possession prescribed by the
15 Levy on writ of execution Scale of
fees under
16 For work undertaken in preparing for a sale of the Sheriff land on instructions from a judgment Act 1900 creditor—if sale does not proceed
(6) The taking of any fee in respect of the business of the court in relation to proceedings involving a legally assisted party is, if the fee is payable by the legally assisted party, to be postponed until judgment has been given in the proceedings. (7) The fee is not to be taken at all, or if taken must be remitted, if:
(a) judgment in the proceedings is against the legally assisted party, or (b) judgment is in favour of the legally assisted party, but damages are not awarded (or only nominal damages are awarded) in his or her favour and costs are not awarded in his or her favour. (8) A registrar must not refuse to file or issue any document relevant to proceedings merely because, in accordance with this rule, a fee in respect of any business of the court has not been taken on behalf of a legally assisted party to those proceedings.
2000 No 297
Local Courts (Civil Claims) Amendment (Fees) Regulation 2000
| Schedule 1 | Amendment |
(9)
For the purpose of this rule, a party to proceedings is a legally assisted party if he or she is receiving legal assistance through a community legal centre within the meaning of section 48H of the Legal Profession Act 1987.
BY AUTHORITY
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