Magistrates Court (Fees) Amendment Regulations (No. 2) 2009 (WA)
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JU302*
Magistrates Court Act 2004
Magistrates Court (Fees) Amendment
(a) regulations 1 and 2— on the day on which these regulations are published in the Gazette; (b)
the rest of the regulations — on the day after that day. Regulations (No. 2) 2009
Made by the Governor in Executive Council.
1. Citation
These regulations are the Magistrates Court (Fees) Amendment
Regulations (No. 2) 2009.2. Commencement
These regulations come into operation as follows —
4 September 2009 GOVERNMENT GAZETTE, WA 3473 3. Regulations amended
These regulations amend the Magistrates Court (Fees)
Regulations 2005.4. Schedule 1 replaced
Delete Schedule 1 and insert:
Schedule 1 - Fees
[r. 4]
Division 1 - General
Item Matter $ 1. (a) for every order or conviction drawn up in
the Court's criminal jurisdiction;
(b) issue of a duplicate document or order 14.50
2. For the service of any application, summons,
originating process, notice or order of the Court or
any other process requiring service44.50 NOTE to 3 attempts at service at the same address.
3. If it is necessary to travel to execute a warrant or other process, or on service of a summons, order of the Court, other process or document, or on
making an arrest or for all attempts, attendances and inspections, from the enforcement officer's office or nearest Police Station -
(a) for each kilometre travelled (one way) in
the metropolitan area; 1.15
(b) for each kilometre travelled (one way)
outside the metropolitan area. 1.25
NOTE enforcement officer at the same time on the same person or on different persons at the same address, only one allowance for kilometres is chargeable.
4. (a) for searching any record or proceeding other than a search by or on behalf of a party to the proceedings in the Court's civil
jurisdiction 26.00
(b) listening to or viewing any electronic
recording that requires supervision by an
officer of the Court, a search fee of 26.00
And in addition to the search fee, for each hour of
the officer's time 64.00
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Item Matter $ NOTE
Item 4(a) does not apply in relation to information provided under theMagistrates Court (General) Rules 2005 rule 4 1A.
5. For provision of information under the
Magistrates Court (General) Rules 2005
rule 41A—
(a) fee per case specified in the information 1.15
(b)
annual fee for information provided by email to approved recipient
37 346.00
NOTE approved by the Attorney General and on each anniversary of that date.
6. (a) on an application or summons for the
production of records or documents that are
required to be produced to any court,
tribunal, arbitrator or umpire 38.00
(b) if an officer is required to attend at any court or place out of the Court building where the officer is based, the officer's reasonable expenses and, in addition for each hour when the officer is necessarily
absent from his or her office 64.00
7. (a) copies of documents or exhibits for each
page or part of a page 1.50
(b) for a copy of reasons for judgment -
(i) for each copy consisting of not more than 10 pages issued to a person not a party to the proceedings and for each copy in excess of one copy issued to a
party to the proceedings 9.00 (ii) for each copy consisting of 10 or more
pages an additional fee per page of 1.15
(c) for certifying that a document is a true
copy, an additional fee of 12.50
NOTE circumstances under regulation 6(4) exist.
8. (a) for a copy of a transcript or notes of
evidence, for each page or part of a page 5.05
(b) for each copy of a transcript or notes of
evidence in electronic format if a fee has
been paid under paragraph (a) by theapplicant for a copy of the transcript, for each
day of transcript 12.50
4 September 2009 GOVERNMENT GAZETTE, WA 3475
Item Matter $ (c) for each copy of a transcript or notes of
evidence not in electronic format if a fee has been paid under paragraph (a) by the applicant for a copy of the transcript or
notes, for each page or part of a page 1.50
NOTE 1
A minimum fee of $17.95 is payable under item 8(a).
NOTE 2 with summarily.
Division 2 - Civil jurisdiction
Item Matter Claim not Claim exceeding Claim exceeding
exceeding $10 000 $10 000 but not $50000 exceeding $50 000
Individual Person Individual Person InditduaI Person S other than S other than S other than individual individual individual
S $ $
On filing any claim or any originating
process to commence proceedings in
the Court 74.50 112.50 190.50 287.00 304.00 456.00
NOTE
Not payable in respect of applications made under item 10 or 11.2. Onfihing -
(a) a
counterclaim
or a set-off,(b) a third party
claim;
(c) any other
application
for which no
fee has been
provided for
in this
Division48.50 73.00 88.50 114.00 141.00 182.00
3. On commencing
an appeal
25.00 49.50 37.50 75.50 50.50 101.00
4. Application for
hearing 118.50 177.50 215.00 321.00 240.00 358.00
NOTE I
No fee is payable for applications for hearing of matters dealt with under the minorcases procedure, residential tenancies proceedings, applications under item 10 or 11 or
for relisting a hearing, or if the proceedings are of an interlocutory nature only.
NOTE 2
No fee is payable in respect of listing an appeal for hearing.
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Item Matter Claim not Claim exceeding Claim exceeding
exceeding $10 000 $10 000 but not $50000 exceeding $50 000
Individual Person Individual Person Individual Person
S other than $ other than $ other than md ivid tial individual individual
$ $ S
NOTE 3 counterclaim providing this fee has been paid previously by the applicant.
NOTE 4 conference.
5. For allocation
of a date or
dates of hearing
of an
application,
appeal or
proceedings, for
each half day
allocated 68.50 137.50 120.00 240.00 171.50 343.00 NOTE 1 residential tenancies proceedings or applications under item 10 or 11.
NOTE 2
No fee is payable if the proceedings are of an interlocutory nature only.
NOTE 3 hearing are the number of days determined by the Court at a listing conference.
NOTE 4 registrar is satisfied that an adjournment was due to circumstances beyond the control of the parties. Otherwise the fee is non-refundable in respect of any allocated dates that are not required.
NOTE 5
If written advice of settlement or written notice of intended adjournment is received
by the Court not later than 35 days before the date allocated for the commencement of the hearing of the proceedings, an amount equal to 75% of the fee is refundable. If
written advice of settlement or written notice of intended adjournment is received by
the Court no later than 21 days before the date allocated for the commencement of the
hearing of the proceedings, an amount equal to 50% of the fee is refundable.6. Half daily hearing fee before the Court
constituted by a
magistrate 68.50 137.50 120.00 240.00 171.50 343.00
NOTE 1 residential tenancies proceedings, applications under item 10 or 11 or if the proceedings are of an interlocutory nature only.
NOTE 2 days greater than the number of hearing days for which a fee has been paid under item 5.
4 September 2009 GOVERNMENT GAZETTE, WA 3477
Item Matter Claim not Claim exceeding Claim exceeding
exceeding $10 000 $10 000 but not $50000 exceeding $50 000 Individual Person Individual Person Individual Person
$ other than $ other than $ other than individual individual individual
$ $ S
NOTE 3 the date or dates allocated in item 5.
NOTE 4 reconvening of the hearing.
7. On filing of an
interlocutory
application or
application for
assessment of
damages or
summary
judgment that
requires hearing
before a
magistrate or
registrar 62.50 93.50 75.50 113.00 101.50 153.50 NOTE I residential tenancies proceedings or applications under item 10 or 11.
NOTE 2 the hearing.
NOTE 3
This fee is not payable for matters dealt with in the absence of a party.
8. On an
appointment to
assess a bill of
costs -
(a) lodgment
fee 62.50 93.50 75.50 113.00 101.50 153.50
(b) in addition
to the
lodgment
fee, an
assessment
fee at the
rate per
annum of2.5% 2.5% 2.5% 2.5% 2.5% 2.5%
NOTE I residential tenancies proceedings or applications under item 10 or 11.
NOTE 2
The % rate is to be applied to the amount at which the bill is drawn.
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Item Matter Claim not Claim exceeding Claim exceeding
exceeding $10 000 $10 000 but not $50000 exceeding $50 000
Individual Person Individual Person Individual Person
S other than $ other than $ other than md ivid tial individual individual
S $ $
NOTE 3 percentage of the fee paid is to be refunded -
(a)
if the appointment is cancelled less than 3 days before the day of the appointment, nil;
(b)
if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%;
(c)
if the appointment is cancelled 10 or more days before the day of the appointment, 80%.
Item Matter S 9. On the execution of an arrest warrant of any kind
(a) for arresting the person 81.50
(b) for conveying the person to a Court or a custodial place and
releasing the person from arrest or Custody 81.50
(c)
for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is required to keep the person in custody until he or she is conveyed to a court or a custodial place
21.50
NOTE 1
The fee under paragraph (a) is payable whether or not the Sheriff's functions under the
warrant are performed and includes up to 3 attempts to perform the functions at the
same address.
NOTE 2The fee under paragraph (a) includes -
(a) receipt of the warrant; and (b) attendances and inquiries before attempting arrest; and (c) giving any notice; and (d) making any report. 10. For an application for an extraordinary drivers licence under the
Road Traffic Act 1974 155.00
11. On filing —
(a)
an application for a misconduct restraining order under the Restraining Orders Act 1997;
(b)
an application under the Disposal of Uncollected Goods Act 1970;
(c)
an application under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 101 or 10 IA;
(d) an application under the Dividing Fences Act 1961;
(e) an application under the Pawnbrokers and Second-hand
Dealers Act 1994. 74.50
Division 3 - Criminal jurisdiction
Item Matter $ 1. On filing —
(a) a prosecution notice;
4 September 2009 GOVERNMENT GAZETTE, WA 3479 Item Matter
(b) an application under the Criminal Procedure
Act 2004 section 71 62.50 2. For the issue of a summons or court hearing nonce to
an accused 12.00 3. For a warrant of any kind —
(a) issue of it 62.50 (b) execution of it 81.50
By Command of the Governor.
PETER CONRAN, Clerk of the Executive Council.
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