Local Courts (Civil Claims) Amendment (Fees) Regulation 2004 (NSW)

2004 No 362

New South Wales

Local Courts (Civil Claims)

Amendment (Fees) Regulation 2004

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, by approximately 4 per cent, certain court fees (as set out in the Local Courts (Civil Claims) Regulation 2000) payable in respect of civil proceedings before a Local Court.

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

Published in Gazette No 104 of 25 June 2004, page 4543	Page 1
2004 No 362
Clause 1	Local Courts (Civil Claims) Amendment (Fees) Regulation 2004

Local Courts (Civil Claims) Amendment (Fees)

Regulation 2004

under the

Local Courts (Civil Claims) Act 1970

1      Name of Regulation

This Regulation is the Local Courts (Civil Claims) Amendment

(Fees) Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

3      Amendment of Local Courts (Civil Claims) Regulation 2000

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

2004 No 362

Local Courts (Civil Claims) Amendment (Fees) Regulation 2004

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 126.00 (in the

$3,000 case of a
corporation)
or 63.00 (in
any other
case)

(b)	in respect of a claim for an amount exceeding	166.00 (in the
$3,000 but not exceeding $10,000	case of a corporation) or 83.00 (in any other case)
(c)	in respect of a claim for an amount exceeding	316.00 (in the
$10,000 but not exceeding $40,000	case of a corporation) or 158.00 (in any other case)
(d)	in respect of a claim for an amount exceeding	440.00 (in the
$40,000	case of a corporation) or 220.00 (in any other case)

2004 No 362

Local Courts (Civil Claims) Amendment (Fees) Regulation 2004

Schedule 1 Amendment

$

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 126.00 (in the

$3,000 case of a
corporation)
or 63.00 (in
any other
case)

(b)	in respect of a claim for an amount exceeding	166.00 (in the
$3,000 but not exceeding $10,000	case of a corporation) or 83.00 (in any other case)
(c)	in respect of a claim for an amount exceeding	316.00 (in the
$10,000 but not exceeding $40,000	case of a corporation) or 158.00 (in any other case)
(d)	in respect of a claim for an amount exceeding	440.00 (in the
$40,000	case of a corporation) or 220.00 (in any other case)
3	Filing a notice of motion under Part 15 of the Local	114.00 (in the
Courts (Civil Claims) Rules 1988 in respect of an action	case of a
commenced in the General Division	corporation) or 57.00 (in any other
case)

2004 No 362

Local Courts (Civil Claims) Amendment (Fees) Regulation 2004

Amendment	Schedule 1
$

4	Filing a certificate or certified copy of conviction or order	126.00 (in the case of a corporation) or 63.00 (in any other case)
5	Filing an application for an order under section 18A (1) of	560.00 (in the
the Arbitration (Civil Actions) Act 1983 for the rehearing	case of a
of an action referred for arbitration. This amount is	corporation)
subject to any rules providing for the refund of the whole	or 280.00 (in
or any part of the amount	any other case)
6	Making a copy of any document or part of a document,	2.00
other than as prescribed by item 8, for each page (minimum fee of $10.00)
7	Supply of duplicate tape recording of sound-recorded	35.00
evidence, for each cassette
8	For each copy of the transcript of any proceedings:
(a)	for each page, where the matter being transcribed	7.60
is under 3 months old (minimum fee for 1 to 8 pages of $64.00)
(b)	for each page, where the matter being transcribed	8.70
is 3 months old or older (minimum fee for 1 to 8 pages of $75.00)
9	Except as provided by item 10, service or attempted	44.00
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 by	28.00
post—for each address at which service is effected or attempted

2004 No 362

Local Courts (Civil Claims) Amendment (Fees) Regulation 2004

Schedule 1 Amendment

$

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

12	(a)	To issue a subpoena for production	56.00 (in the case of a corporation) or 28.00 (in any other case)
(b)	To issue a subpoena for production and to give	56.00 (in the
evidence	case of a corporation) or 28.00 (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 execution or	55.00
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
by the scale of

15	Levy on writ of execution	} As prescribed	fees under the
Sheriff Act
16	For work undertaken in preparing for a sale of land on
instructions from a judgment creditor—if sale does not	1900
proceed

2004 No 362

Local Courts (Civil Claims) Amendment (Fees) Regulation 2004

Amendment	Schedule 1
$

17 Examination of a judgment debtor by a registrar 104.00 (in the
case of a
corporation)
or 52.00 (in
any other
case)

BY AUTHORITY