Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 2000 (Vic)

Magistrates' Court (Fees, Costs and Charges)

(Amendment) Regulations 2000

S.R. No. 6/2000

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	1
5.	New table of fees, costs and charges	2
6.	Statute Law Revision	8

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NOTES 9

i

STATUTORY RULES 2000

S.R. No. 6/2000

Magistrates' Court Act 1989

Magistrates' Court (Fees, Costs and Charges)

(Amendment) Regulations 2000

The Governor in Council makes the following Regulations:
Dated: 18 January 2000

Responsible Minister:

ROB HULLS

Attorney-General

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to increase certain fees, costs and charges and to make a minor amendment to the Principal Regulations.

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 February 2000.

4. Principal Regulations

In these Regulations the Magistrates' Court (Fees, the Principal Regulations.

Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

r. 5 S.R. No. 6/2000

5. New table of fees, costs and charges

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 $34.00

(b) where the charge-sheet alleges

more than one offence $55.00

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 $62.00

(b) where the amount claimed

exceeds $1000 but does not

exceed $10 000 $126.00

(c) where the amount claimed

exceeds $10 000 $221.00

3.        For every complaint filed in the civil

jurisdiction, other than a complaint seeking monetary relief, including copies for service and proof of $29.00

service

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—

Item

Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

S.R. No. 6/2000 r. 5

No. Subject Matter Fee

(a) where the amount counterclaimed

does not exceed $1000 $62.00

(b) where the amount counterclaimed

exceeds $1000 but does not

exceed $10 000 $126.00

(c) where the amount counterclaimed

exceeds $10 000 $221.00

5.        For every counterclaim, other than a

counterclaim seeking monetary relief,
including copies for service and

proof of service $29.00
6.	For every summons under Part 3 of the Imprisonment of Fraudulent Debtors Act 1958 $29.00

7.        For every summons for oral

examination $29.00

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 $6.00

Hearing fees

9.	For hearing at trial or arbitration after the first day—for every day or part of a day	$126.00
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	$62.00

Item

No. Subject Matter Fee

Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

r. 5 S.R. No. 6/2000

Miscellaneous fees

11.        For every certified copy of any order

or conviction $17.50

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 $17.50

13.        For every certificate of an order for

filing in the Supreme Court under

section 112 of the Act $17.50
14.	For every certificate of judgment $17.50

15.        For every order for attachment of

debt under Part 6 of Order 27 of the

Rules $20.50

For preparation of documents by a

Registrar

16.        For the preparation by a Registrar of—

(a) any summons or complaint and

one copy $17.50

(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 23 of this

Table) and one copy $6.00

(c) each copy beyond one of any

document referred to in

paragraph (a) or (b) $4.00

Item

No. Subject Matter Fee

Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

S.R. No. 6/2000 r. 5

17.        For the preparation by a Registrar of

any security $10.50

18.        For the preparation by a Registrar of

an application to set aside a final

order in a civil proceeding $14.50

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) $22.50

20.        For the issue and execution

(including any attempt at execution)
of every warrant of commitment
under the Imprisonment of

Fraudulent Debtors Act 1958 $41.50

21.        In any civil proceeding—

(a) on the lodgement with the Sheriff

of any warrant not otherwise

provided for $96.00

(b) for every warrant required to be

issued by the Sheriff on a
warrant to seize property or

warrant of delivery	$60.00
(c) on the redirection of any warrant	$36.00

Forwarding Fees

22.        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 $6.00

Item

No. Subject Matter Fee

Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

r. 5	S.R. No. 6/2000
Filing Applications and Notices

23.        For every application to a Magistrate

under section 50(4) of the Road
Safety Act 1986 for the issue of a

driver's licence $66.00

24. 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 $22.50

(b) For a further stay of warrant of

ejectment $14.50

(c) for consent under section 101(1)

of that Act to deal with or use

premises $22.50

25.	For every application to set aside a final order in a civil proceeding and rehear the proceeding	$16.50
26.	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	$27.00
27.	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	$12.50
(b) in any other case	$18.50

Item

No. Subject Matter Fee

Attachment of Earnings

Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

S.R. No. 6/2000 r. 5

28.        For every application under Part 5 of

Order 27 of the Rules $27.00

29.        For every order under Part 5 of Order

27 of the Rules $19.50

Copies of documents

30.        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 $6.00

Inspection of documents

31.        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

$12.50

Fees and Costs for Enforcement of

Infringement Penalties

32.	For the purposes of clause 3(2)(a) of Schedule 7 to the Act, the prescribed costs are—	$16.50
33.	For every infringement penalty filed
under clause 4(1) of Schedule 7 to
the Act	$36.00
34.	For the purposes of clause 5(3)(b) of Schedule 7 to the Act, the prescribed costs are—	$19.50

Item

No. Subject Matter Fee

And, if a Registrar registers an
infringement penalty and no fee is

Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

r. 6 S.R. No. 6/2000

payable because of an exemption
contained in these Regulations, the
amount of the fee that, but for the
exemption, would have been payable.

35.        For the purposes of clause 8(1A) of

Schedule 7 to the Act, the prescribed
fee for the issue of a penalty
enforcement warrant or a warrant to

seize property is $41.50

36.        For the purposes of clause 8(1B) of

Schedule 7 to the Act, the prescribed
fee for the execution of a penalty
enforcement warrant or a warrant to
seize property issued under clause
8(1) of that Schedule, where personal

property is seized and removed, is (except that only one fee is payable when more than one such warrant is executed against the same defendant at the same time) $41.50.".

6. Statute Law Revision

In regulation 6 of the Principal Regulations, in the
definition of "the Rules", for "Magistrates' Court
Civil Procedure Rules 1989" substitute

"Magistrates' Court Civil Procedure Rules 1999".

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Magistrates' Court (Fees, Costs and Charges) (Amendment)
Regulations 2000

S.R. No. 6/2000 Notes

NOTES

1     Reg. 4: S.R. No. 171/1990. Reprint No. 2 as at 28 August 1998. Subsequently amended by S.R. No. 137/1998.