Local Courts (Civil Claims) Act 1970 Rule relating to fees (1991-406) [GG No 112 of 2.8.1991] (NSW)

1991—No. 406

LOCAL COURTS (CIVIL CLAIMS) ACT 1970—RULE

(Relating to fees)

NEW SOUTH WALES

[Published in Gazette No. 112 of 2 August 1991]

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 Rule set forth hereunder.

TERRY GRIFFITHS

Minister for Justice.

Commencement

1. This Rule commences on 19 August 1991.

Amendment

2. The Local Courts (Civil Claims) Rules 1988 are amended by omitting item 1 of the matter appearing under rule 2 (5) of Part 2 and by inserting instead the following items:

1.      Filing 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
(c)	in respect of a claim for an amount exceeding
$10,000 ............................................................ 110.00

1A. Filing certificate of readiness:

(a)	in respect of a claim for an amount not
exceeding $3,000 ......................................... nil

1991—No. 406

(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

1 B. Application for certificate of judgment .............. 10.00

EXPLANATORY NOTE

The object of this Regulation is to amend the Local Courts (Civil Claims) Rules 1988 so as to omit the flat fee at present required to be paid to be registrar in respect of filing a statement of claim and to insert in its place a scale differentiating the fees payable according to the amount of the claim.

The new fees prescribed take account of claims in excess of $10,000. Generally, claims of this size are not, at present, within the jurisdiction of Local Courts, but will be within the jurisdiction on the commencement of Schedule 3 to the Courts Legislation (Civil Procedure) Amendment Act 1991.

The Regulation also introduces a fee (also scaled) for filing certificates of

readiness and for applications for certificates of judgment.