Local Courts (Civil Claims) Act 1970 Regulation relating to fees (1992-615) [GG No 140 of 27.11.1992] (NSW)

1992—No. 615

LOCAL COURTS (CIVIL CLAIMS) ACT 1970—REGULATION

(Relating to fees)

NEW SOUTH WALES

[Published in Gazette No. 140 of 27 November 1992]

HIS Excellency the Governor, with the advice of the Executive Council,
and in pursuance of the Local Courts (Civil Claims) Act 1970, has been

pleased to make the Regulation set forth hereunder.

WAYNE MERTON,

Minister for Justice and Minister for Emergency Services.

Commencement

1. This Regulation commences on 1 January 1993.

Amendment

2. 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 by omitting subrule (5) and by inserting instead the following subrule:

(5) The fees to be paid to the registrar in respect of the business of

the court are:

$

1.       Filing a statement of claim:

(a)	in respect of a claim for an amount not
exceeding $3,000 .............................................. 45.00
(b)	in respect of a claim for an amount exceeding $3,000 but not exceeding $10,000 ................ 60.00

1992—No. 615

$

(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:	110.00

2.

(a)	in respect of a claim for an amount not
exceeding $3,000 ......................................... 45.00
(b)	in respect of a claim for an amount exceeding
$3,000 but not exceeding $10,000 ............. 60.00
(c)	in respect of a claim for an amount exceeding
$10,000 ....................................................... 110.00

3.       Filing a certificate or certified copy of conviction or

order ................................................................... 45.00

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 ............ 80.00
(c)	in respect of a claim for an amount exceeding
$10,000 ...................................................... 140.00

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 .. 200.00

6.       Making a copy of any document or part of a document, other than as prescribed by Item 8, 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 (minimum fee for 1 to 8 pages ............... 55.00)

1992—No. 615

$

(b) per page where the matter being transcribed is 3 months or older .....................................	7.70
(minimum feee for 1 to 8 pages ................ Service or attempted service by a bailiff of any process or other document. including service by post and preparation of affidavit of service ................	65.00

9.

30.00

10.	(a)	Filing an application for a certified copy of a
document ................................................. 10.00
(b)	Filing an application for a certificate of judgement (other than pursuant to the Service and Execution of Process Act 1901 of the Commonwealth) ...................................... 10.00
11.	(a) To issue a subpoena for production ...........	20.00

(b)	To issue a subpoena for production and to give
evidence ................................................ 20.00
(c) To issue a subpoena to give evidence ......	10.00

12.	Filing an application for a garnishee order .........	20.00
13.	Filing an examination summons .......................	20.00
14.	Filing document for the entry of default judgement
against one of more defendants at the same time (if
the amount of the claim is more than $3000) ...	20.00
15.	Filing an order for judgement (if the amount of the
claim is more than $3000) ................................	40.00
16.	Execution or attempted execution of a writ of
execution or warrant to apprehend a judgement debtor	40.00
17.	Where costs of insuring, conserving, or protecting	An
property levied on or for advertising or preparing	amount
for sale are incurred .....................................	equal to those

costs

1992—No. 615

18.	Levy on a writ of execution ..............................	As
prescribed
19.	For work undertaken in preparing for a sale of	by the
land on instructions from a judgment creditor—if	Scale of
sale does not proceed .........................................	Fees under the Sheriff Act 1900

EXPLANATORY NOTE

The object of this Regulation is to amend the Local Courts (Civil Claims) Rules 1988 to extend the range of fees prescribed to be paid to a regislrar in respect of proceedings under the Local Courts (Civil Claims) Act 1970 to include fees for the following:

• filing notices of cross-claims or third or subsequent party notices
• supply of duplicate tape recordings of sound-recorded evidence
• filing applications for certified copies of documents
• issuing subpoenae for production and giving evidence
• filing applications for garnishee orders
• filing examination summonses
• filing documents for entry of default judgments against one or more

defendants at the same time if the amounts of the claims exceed $3,000 • filing orders for judgment if the amounts of the claims exceed $3,000 • levies on a percentage basis of amounts collected on writs of execution • work undertaken in preparing for the sale of land on instructions from a

judgment creditor if the sale does not proceed.

This Regulation does not increase existing fees.