Local Courts (Civil Claims) Amendment (Court Fees) Regulation 2003 (NSW)

2003 No 708

New South Wales

Local Courts (Civil Claims)

Amendment (Court Fees)

Regulation 2003

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 amend the Local Courts (Civil Claims) Regulation

2000 in order:

(a)	to introduce a corporate rate (being twice the individual rate) for certain fees payable in relation to proceedings in the Local Court, and
(b)	to introduce a fee of $100 (in the case of a corporation) or $50 (in any other case) for the examination of a judgment debtor by a registrar, and
(c)	to introduce a fee of $110 (in the case of a corporation) or $55 (in any other case) for filing a notice of motion under Part 15 of the Local Courts (Civil Claims) Rules 1988 in respect of an action commenced in the General Division, and
(d)	to remove a fee for filing an application or notice of motion to set aside a decision made in the filing party’s absence, and
(e)	to clarify that certain fees for service or execution are payable for each address at

which the service or execution is effected or attempted.

This Regulation is made under the Local Courts (Civil Claims) Act 1970, including section 85 (Regulations—court fees).

Published in Gazette No 154 of 26 September 2003, page 9564	Page 1
2003 No 708
Clause 1	Local Courts (Civil Claims) Amendment (Court Fees) Regulation 2003

Local Courts (Civil Claims) Amendment (Court Fees)

Regulation 2003

under the

Local Courts (Civil Claims) Act 1970

1      Name of Regulation

This Regulation is the Local Courts (Civil Claims) Amendment

(Court Fees) Regulation 2003.

2 Commencement

This Regulation commences on 1 October 2003.

3 Amendment of Local Courts (Civil Claims) Regulation 2000

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

2003 No 708

Local Courts (Civil Claims) Amendment (Court Fees) Regulation 2003

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 3

Omit the clause. Insert instead:

3 Definitions

In this Regulation:

corporation has the same meaning as in section 57A of the

Corporations Act 2001 of the Commonwealth.

the Act means the Local Courts (Civil Claims) Act 1970.

[2]      Clause 4 Fees

Insert after clause 4 (1):

(1A)

However, a reference in that Schedule to a corporation does not include a reference to a corporation that produces evidence, satisfactory to a registrar:

(a)	that its turnover, in the financial year of the corporation immediately preceding the financial year in which the fees are to be taken, was less than $200,000, or
(b)	if the corporation has not been in existence for a full financial year—that its turnover in its first financial year is likely to be less than $200,000.

(1B)

A reference in Schedule 1 to a fee payable in the case of a corporation is a reference to a corporation on whose behalf a request is made to file a document or render a service.

2003 No 708

Local Courts (Civil Claims) Amendment (Court Fees) Regulation 2003

Schedule 1 Amendments

[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 122.00 (in the case of a

exceeding $3,000 corporation) or 61.00
(in any other case)

(b)	in respect of a claim for an amount exceeding	160.00 (in the case of a
$3,000 but not exceeding $10,000	corporation) or 80.00 (in any other case)
(c)	in respect of a claim for an amount exceeding	304.00 (in the case of a
$10,000	corporation) or 152.00 (in any other case)

2      Filing a notice of cross-claim or a third or subsequent party notice:

(a) in respect of a claim for an amount not 122.00 (in the case of a

exceeding $3,000 corporation) or 61.00
(in any other case)

(b)	in respect of a claim for an amount exceeding	160.00 (in the case of a
$3,000 but not exceeding $10,000	corporation) or 80.00 (in any other case)
(c)	in respect of a claim for an amount exceeding	304.00 (in the case of a
$10,000	corporation) or 152.00 (in any other case)
3	Filing a notice of motion under Part 15 of the Local	110.00 (in the case of a
Courts (Civil Claims) Rules 1988 in respect of an	corporation) or 55.00
action commenced in the General Division	(in any other case)

2003 No 708

Local Courts (Civil Claims) Amendment (Court Fees) Regulation 2003

Amendments Schedule 1

$

4	Filing a certificate or certified copy of conviction or	122.00 (in the case of a
order	corporation) or 61.00 (in any other case)
5	Filing an application for an order under section	538.00 (in the case of a
18A (1) of the Arbitration (Civil Actions) Act 1983	corporation) or 269.00
for the rehearing of an action referred for arbitration.	(in any other case)
This amount is subject to any rules providing for the refund of the whole or any part of the amount
6	Making a copy of any document or part of a	2.00
document, other than as prescribed by Item 8, for each page (minimum fee of $10.00)
7	Supply of duplicate tape recording of sound-	34.00
recorded evidence, for each cassette
8	For each copy of the transcript of any proceedings:
(a)	for each page, where the matter being	7.30
transcribed is under 3 months old (minimum fee for 1 to 8 pages of $62.00)
(b)	for each page, where the matter being	8.40
transcribed is 3 months old or older (minimum fee for 1 to 8 pages of $72.00)
9	Except as provided by item 10, service or attempted	42.00
service by an officer of the Sheriff of any process or other document, including service by post and preparation of affidavit of service—for each address at which service of the process or other document is effected or attempted
10	Service or attempted service of a statement of claim	27.00
by post—for each address at which service is effected or attempted

2003 No 708

Local Courts (Civil Claims) Amendment (Court Fees) Regulation 2003

Schedule 1 Amendments

$

11	Filing an application for a certificate of judgment	22.00 (in the case of a
(otherwise than pursuant to the Service and	corporation) or 11.00
Execution of Process Act 1992 of the	(in any other case)
Commonwealth)

12	(a)	To issue a subpoena for production	54.00 (in the case of a corporation) or 27.00 (in any other case)
(b)	To issue a subpoena for production and to	54.00 (in the case of a
give evidence	corporation) or 27.00 (in any other case)
(c)	To issue a subpoena to give evidence	22.00 (in the case of a corporation) or 11.00 (in any other case)

13	Execution or attempted execution of a writ of	53.00
execution or warrant to apprehend a judgment debtor—for each address at which execution of the writ or warrant is effected or attempted
14	Disbursements in executing or attempting to execute a writ of execution, including a fee for keeping possession
15	Levy on writ of execution
scale of fees under the Sheriff Act 1900
16	For work undertaken in preparing for a sale of land

on instructions from a judgment creditor—if sale	}As prescribed by the
does not proceed

17 Examination of a judgment debtor by a registrar 100.00 (in the case of a
corporation) or 50.00
(in any other case)

BY AUTHORITY