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

2004 No 276

New South Wales

Local Courts (Civil Claims)

Amendment (Filing 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
On 1 January 2004, the jurisdiction of a Local Court to hear and determine actions for the recovery of any debt, demand or damage (whether liquidated or unliquidated) was increased from a maximum claim of $40,000 to a maximum claim of $60,000. Prior to 1 January 2004, claims above $40,000 were required to be heard in a higher court.
The object of this Regulation is to provide that the filing fees for claims brought in a Local Court which, before 1 January 2004, would have been brought in a higher court are to be increased beyond those otherwise payable in a Local Court but not to the level of the filing fees payable for such claims in a higher court.

This Regulation is made under section 85 of the Local Courts (Civil Claims) Act 1970.

Published in Gazette No 91 of 28 May 2004, page 3238	Page 1
2004 No 276
Clause 1	Local Courts (Civil Claims) Amendment (Filing Fees) Regulation 2004

Local Courts (Civil Claims) Amendment (Filing Fees)

Regulation 2004

under the

Local Courts (Civil Claims) Act 1970

1      Name of Regulation

This Regulation is the Local Courts (Civil Claims) Amendment

(Filing Fees) Regulation 2004.

2 Commencement

This Regulation commences on 1 June 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 276

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

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Schedule 1 Court fees

Insert “but not exceeding $40,000” after “$10,000” in paragraph 1 (c).

[2]      Schedule 1

Insert after paragraph 1 (c):

(d) in respect of a claim for an amount exceeding $40,000 440.00 (in the
case of a
corporation) or
220.00 (in any
other case)

[3]      Schedule 1

Insert “but not exceeding $40,000” after “$10,000” in paragraph 2 (c).

[4]      Schedule 1

Insert after paragraph 2 (c):

(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)

BY AUTHORITY