Local Courts (Transitional Fees) Regulation 2004 (NSW)
This Regulation is the Local Courts (Transitional Fees) Regulation 2004.
This Regulation commences on 1 July 2004 and expires on 31 December 2005.
The object of this Regulation is to replace the fee regime that currently applies by virtue of clause 16 of Schedule 1 to the Local Courts Act 1982 with a new regime that increases the fees chargeable in respect of certain proceedings before a Local Court or a Magistrate for the period between 1 July 2004 and 31 December 2005.
The fees payable to a registrar of a Local Court in respect of proceedings before a Local Court or a Magistrate are as set out in Schedule 1.
A registrar of a Local Court, or governor of a correctional centre, who is satisfied that a person is unable, for any reason, to pay a fee payable under this Regulation may, conditionally or unconditionally, remit or postpone the fee.
The power of a registrar of a Local Court under this clause may also be exercised by a person holding office as, or appointed to act temporarily as, a registrar of the Children’s Court.
A registrar of a Local Court or registrar of the Children’s Court:
(a) may delegate the power to remit or postpone a fee to a deputy registrar of the Local Court or a deputy registrar of the Children’s Court, and
(b) may delegate the power to postpone a fee to a public servant who is a grade 3/4 administrative or clerical officer or above.
The taking of any fee by a registrar of a Local Court or governor of a correctional centre in respect of proceedings involving a legally assisted party is, if the fee is payable by the legally assisted party, to be postponed until judgment has been given in the proceedings.
The fee is not to be taken at all, or if taken must be remitted, if:
(a) judgment in the proceedings is against the legally assisted party, or
(b) judgment is in favour of the legally assisted party, but costs are not awarded in his or her favour.
A registrar of a Local Court must not refuse to file or issue any document relevant to the proceedings merely because a fee has not been taken in respect of the proceedings on behalf of the legally assisted party.
For the purpose of this clause, a party to proceedings is a
The list of fees set out in Schedule 1 must be kept at each Local Court and shown to members of the public on request.
Part 2 and Schedule 1 of the Justices (General) Regulation 2000, as continued in force by clause 16 of Schedule 1 to the Local Courts Act 1982, cease to have effect.
(Clause 4)
$ | ||
1 | Application notice under Part 6 of the Local Courts Act 1982 (includes issue and service of notice if required) | 65.00 |
2 | Court attendance notice under Chapter 4 of the Criminal Procedure Act 1986 | 65.00 |
3 | Complaint under Part 15A of the Crimes Act 1900, or application for variation or revocation of an order under that Part | Nil |
4 | Application of a kind not otherwise provided for in this Schedule (includes issue and service of notice of hearing if required) | 65.00 |
5 | For each additional respondent in relation to a matter to which item 4 relates | 43.00 |
6 | Issue of subpoena: for each witness to be served | 35.00 |
7 | Service of subpoena: for each witness to be served | 46.00 |
8 | Certificate of conviction, order or dismissal | 43.00 |
9 | Notice of appeal to District Court: one appellant | 79.00 |
10 | Further notices of appeal (by the same appellant) in respect of convictions or orders made or sentences imposed, together with the conviction, order or sentence to which a notice of appeal under item 9 relates | 43.00 |
11 | Copy of any deposition, transcript or diskette (unless otherwise provided for under any other Act): | |
| 7.90 | |
| ||
| 9.00 | |
| ||
12 | Copy of any document (other than a deposition, transcript or diskette), for each page | 2.00 |
(minimum fee of $10.00) | ||
13 | Duplicate tape recording of sound-recorded evidence, for each cassette | 36.00 |
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