Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1997 (Vic)
Magistrates' Court (Fees, Costs and Charges)
(Amendment) Regulations 1997
S.R. No. 133/1997
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Substitution of table of fees, costs and charges 1
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NOTES 7
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STATUTORY RULES 1997
S.R. No. 133/1997
Magistrates' Court Act 1989
Magistrates' Court (Fees, Costs and Charges)
(Amendment) Regulations 1997
The Governor in Council makes the following Regulations:
Dated: 25 November 1997Responsible Minister:
JAN WADE
Attorney-General
SHARNE BRYAN
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to increase
certain fees, costs and charges in the PrincipalRegulations.
2. Authorising provision
These Regulations are made under section 140 of the Magistrates' Court Act 1989.
3. Commencement
These Regulations come into operation on
1 December 1997.
4. Principal Regulations
In these Regulations the Magistrates' Court (Fees, the Principal Regulations.
5. Substitution of table of fees, costs and charges
Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 1997 S.R. No. 133/1997
For the table in regulation 8 of the Principal
Regulations substitute—
"Item
No. Subject Matter Fee
For issuing summonses, orders and certificates,
and filing complaints etc.
1. For every summons issued on the filing of a charge for a summary offence and including copies for service and proof of service—
(a) where the charge-sheet alleges one offence
only $31.50
(b) where the charge-sheet alleges more than one
offence $50.50 2. For every complaint claiming monetary relief filed in the civil jurisdiction of the Court, including a complaint under the Instruments Act 1958, including copies for service and proof of service—
(a) where the amount claimed does not exceed
$1000 $58.00
(b) where the amount claimed exceeds $1000 but
does not exceed $10 000 $116.00 (c)
where the amount claimed exceeds $10 000 $204.00 3. For every complaint filed in the civil jurisdiction,
other than a complaint seeking monetary relief,
including copies for service and proof of service $27.00 4. For every counterclaim claiming monetary relief filed in the civil jurisdiction of the Court, including a counterclaim under the Instruments Act 1958, including copies for service and proof of service—
(a) where the amount counterclaimed does not
exceed $1000 $58.00
(b) where the amount counterclaimed exceeds
$1000 but does not exceed $10 000 $116.00 (c) where the amount counterclaimed exceeds
$10 000 $204.00
Item
No. Subject Matter Fee 5. For every counterclaim, other than a counterclaim
Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 1997
S.R. No. 133/1997 r. 5
Item
No. Subject Matter Fee seeking monetary relief, including copies for service
and proof of service $27.00 6. For every summons under Part 3 of the
Imprisonment of Fraudulent Debtors Act 1958 $27.00 7.
For every summons for oral examination $27.00 8. For every witness summons to give evidence or to
produce documents or things or to give evidence
and produce documents or things in civil cases and
in criminal cases for summary offences irrespective
of the number of witnesses named in the summons $5.50
Hearing fees
9. For hearing at trial or arbitration after the first day—
for every day or part of a day $116.00 Note: For the purposes of this item any hearing at trial or arbitration of less than 2 hours on the first day shall not count as the first day
10. For every oral examination by a Registrar under Part
4A of Order 27 of the Rules $58.00
Miscellaneous fees
11. For every certified copy of any order or conviction $16.00 12. For every certified extract of the register, except—
(a) where furnished for the official purposes of the Director of Legal Aid on a certificate
issued by the Director to that effect; and
(b) an extract of an order made under the
Maintenance Act 1965 $16.00 13. For every certificate of an order for filing in the
Supreme Court under section 112 of the Act $16.00 14.
For every certificate of judgment $16.00 15. For every order for attachment of debt under Part 6
of Order 27 of the Rules $19.00
Item
No. Subject Matter Fee
Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 1997
| r. 5 | S.R. No. 133/1997 |
Item
No. Subject Matter Fee
For preparation of documents by a Registrar
16. For the preparation by a Registrar of—
(a) any summons or complaint and one copy $16.00
(b)
any order, warrant or other document, not referred to in paragraph (a), on the issue or filing of which a fee is payable (except an application of the kind referred to in Item 24
of this Table) and one copy $5.50
(c) each copy beyond one of any document
referred to in paragraph (a) or (b) $3.80
17. For the preparation by a Registrar of any security $9.50 18. For the preparation by a Registrar of an application to set aside a final order in a civil proceeding $13.50
Issue and execution of warrants
19.
For the issue and execution of every warrant to arrest for a summary offence (except a warrant issued under the Summary Offences Act 1966)
$21.50
20. For the issue and execution (including any attempt at execution) of every warrant of commitment under the Imprisonment of Fraudulent Debtors Act 1958 $38.50
Fees and costs payable in the Sheriff's Office
21. In any civil proceeding—
(a) on the lodgement with the Sheriff of any
warrant not otherwise provided for $89.00
(b) for every warrant required to be issued by the Sheriff on a warrant to seize property or
warrant of delivery $55.00 (c)
on the redirection of any warrant $33.00 22. For the cost of executing every warrant issued in
default of payment of a fine or an instalment order
directed or referred to the Sheriff for execution $79.00
Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 1997
S.R. No. 133/1997 r. 5
Item
No. Subject Matter Fee
Forwarding Fees
23. For every summons, order or other document
prepared by the plaintiff or a solicitor and
transmitted by a Registrar to the police for service or
for more than one summons, order or document in
the same matter so transmitted at the same time $5.50
Filing Applications and Notices
24. For every application to a Magistrate under section
50(4) of the Road Safety Act 1986 for the issue of a
driver's licence $61.00 25. For every application under the Landlord and Tenant Act 1958—
(a) for leave under section 88(1) of that Act to
give a fresh notice to quit $21.00
(b) For a further stay of warrant of ejectment $13.50 (c) for consent under section 101(1) of that Act to deal with or use premises $21.00 26. For every application to set aside a final order in a
civil proceeding and rehear the proceeding $15.50 27. For every application by judgment creditor under
section 6 or 8 of the Judgment Debt Recovery Act
1984 or for the filing by a judgment creditor of an
instalment agreement under section 7 of that Act $25.00 28. For every application under Order 10 of the Rules for an order in default of defence—
(a)
on a claim for a debt, liquidated demand or claim arising from a motor vehicle collision for cost of repairs only or for total loss of
vehicle only $11.50
(b) in any other case $17.00
Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 1997
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Item
No. Subject Matter Fee
Attachment of Earnings
29. For every application under Part 5 of Order 27 of
the Rules $25.00 30. For every order under Part 5 of Order 27 of the
Rules $18.50
Copies of documents
31.
For each page of every copy of any complaint, charge-sheet, summons, warrant or deposition obtained after the hearing or examination not otherwise provided for, prepared by a Registrar
$5.50
Inspection of documents
32. For inspection of a register (other than for
inspection by a person or body that the Principal
Registrar has for special circumstances at his or her discretion exempted in writing from payment of an inspection fee)—for every 5 minutes or part of 5
minutes $11.50
Fees and Costs for Enforcement of Infringement
Penalties
33. For the purposes of clause 3(2)(a) of Schedule 7 to
the Act, the prescribed costs are— $15.30 34. For every infringement penalty filed under clause
4(1) of Schedule 7 to the Act $33.50 35. For the purposes of clause 5(3)(b) of Schedule
7 to the Act, the prescribed costs are— $18.20 And, if a Registrar registers an infringement penalty and no fee is payable because of an exemption contained in these Regulations, the
amount of the fee that, but for the exemption,
would have been payable.".
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Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 1997
S.R. No. 133/1997 Notes
NOTES
1 S.R. No. 171/1990. Reprinted to S.R. No. 136/1994 and subsequently
amended by S.R. Nos 120/1995, 35/1996 and 108/1996.
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