Local Courts (Civil Claims) Act 1970 Local Courts (Civil Claims) Amendment (Fees) Regulation 2002 (2002-427) [GG No 106 of 28.6.2002, p 4761] (NSW)

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2002 No 427

New South Wales

Local Courts (Civil Claims) Amendment

(Fees) Regulation 2002

under the

Local Courts (Civil Claims) Act 1970

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Local Courts (Civil Claims) Act 1970.

BOB DEBUS, M.P.,

Attorney General

Explanatory note

The object of this Regulation is to increase certain court fees (set out in the Local Courts (Civil Claims) Regulation 2000) to be paid to a registrar in respect of the business of a Local Court under the Local Courts (Civil Claims) Act 1970.

The fee increases are in line with movements in the Consumer Price Index. section 85 (Regulations—court fees).

Published in Gazette No 106 of 28 June 2002, page 4761

Page 1

[8]

2002 No 427

Clause 1

Local Courts (Civil Claims) Amendment (Fees) Regulation 2002

Local Courts (Civil Claims) Amendment (Fees)

Regulation 2002

1     Name of Regulation

This Regulation is the Local Courts (Civil Claims) Amendment (Fees)

Regulation 2002.

2 Commencement

This Regulation commences on 1 July 2002.

3 Amendment of Local Courts (Civil Claims) Regulation 2000

The Local Courts (Civil Claims) Regulation 2000 is amended as set out in Schedule 1.

Page 2

2002 No 427

Local Courts (Civil Claims) Amendment (Fees) Regulation 2002

Amendment

Schedule 1

Schedule 1

Amendment

(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court fees

(Clause 4)

$

1        Filing a statement of claim:

(a)

in respect of a claim for an amount not exceeding $3,000

59.00

(b)

in respect of a claim for an amount exceeding $3,000 but

not exceeding $10,000

78.00

(c) in respect of a claim for an amount exceeding $10,000 Filing a notice of cross-claim or a third or subsequent party notice:

147.00

2

(a)

in respect of a claim for an amount not exceeding $3,000

59.00

(b)

in respect of a claim for an amount exceeding $3,000 but

not exceeding $10,000

78.00

(c)

in respect of a claim for an amount exceeding $10,000

147.00

3

Filing a certificate or certified copy of conviction or order

59.00

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

108.00

(c)

in respect of a claim for an amount exceeding $10,000

183.00

Page 3

2002 No 427

Local Courts (Civil Claims) Amendment (Fees) Regulation 2002

Schedule 1

Amendment

$

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

261.00

6        Making a copy of any document or part of a document, other

than as prescribed by item 7, for each page

2.00

(minimum fee of $10.00)

7        Supply of duplicate tape recording of sound-recorded

evidence, for each cassette

33.00

8        For each copy of the transcript of any proceedings:

(a)

for each page, where the matter being transcribed is

under 3 months old

7.10

(minimum fee for 1 to 8 pages of $60.00)

(b)

for each page, where the matter being transcribed is 3

months old or older

8.10

(minimum fee for 1 to 8 pages of $70.00)

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

41.00

10      Service or attempted service of a statement of claim by post,

for each address at which service is effected or attempted

26.00

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

26.00

(b)

To issue a subpoena for production and to give evidence

26.00

(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

51.00

Page 4

2002 No 427

Local Courts (Civil Claims) Amendment (Fees) Regulation 2002

Amendment

Schedule 1

$

14

Disbursements in executing or attempting to execute a writ

As



of execution, including a fee for keeping possession

prescribed

by the

15

Levy on writ of execution

Scale of



Fees

16

For work undertaken in preparing for a sale of land on

under the

instructions from a judgment creditor—if sale does not

Sheriff

proceed

Act 1900

BY AUTHORITY

Page 5

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