Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1996 (Vic)

Magistrates' Court (Fees, Costs and Charges)

(Further Amendment) Regulations 1996

S.R. No. 108/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Regulations	1
5.	Substitution of table of fees	1

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NOTES 9

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r. 5

STATUTORY RULES 1996

S.R. No. 108/1996

Magistrates' Court Act 1989

Magistrates' Court (Fees, Costs and Charges)

(Further Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 22 October 1996

Responsible Minister:

JAN WADE

Attorney-General

A. WILTSHIRE

Acting Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to
increase the fees, costs and charges set out in the

Principal Regulations.

2. Authorising provisions

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3. Commencement

These Regulations come into operation on 1

November 1996.

4. Principal Regulations

In these Regulations the Magistrates' Court (Fees,
Costs and Charges) Regulations1 are called the

Principal Regulations.

5. Substitution of table of fees

Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1996

S.R. No. 108/1996

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 including copies for service and proof of service—

(a) where the charge-sheet alleges one $30.00

offence only

(b)	where the charge-sheet alleges more	$48.50
than one offence

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 $55.50

(b) where the amount claimed exceeds

$1000 but does not exceed

$10 000 $110.50
(c)	where the amount claimed exceeds
$10 000 $194.50

3.     For every complaint filed in the civil

jurisdiction, other than a complaint seeking
monetary relief, including copies for

service and proof of service $25.25

Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1996

S.R. No. 108/1996 r. 5

Item

No. Subject Matter Fee

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	$55.50
(b)	where the amount counterclaimed

exceeds $1000 but does not exceed

$10 000 $110.50
(c)	where the amount counterclaimed
exceeds $10 000 $194.50

5.     For every counterclaim, other than a

counterclaim seeking monetary relief,
including copies for service and proof of

service $25.25

6.     For every summons under Part III of the

Imprisonment of Fraudulent Debtors Act

1958 $25.25
7.	For every summons for oral examination $25.25

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

Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1996

r. 5

r. 5 S.R. No. 108/1996

Item

No. Subject Matter Fee

Hearing fees

9.     For hearing at trial or arbitration after the first

day—for every day or part of a day $110.50

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 $55.50

Miscellaneous fees

11.     For every certified copy of any order or

conviction $15.25

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 1958 $15.25

13.	For every certificate of an order for filing in the Supreme Court under section 112 of the Act	$15.25
14.	For every certificate of judgment	$15.25
15.	For every order for attachment of debt under
Part 6 of Order 27 of the Rules	$18.00

Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1996

S.R. No. 108/1996 r. 5

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	$15.25
(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) $3.60

17.     For the preparation by a Registrar of any

security $9.40

18.     For the preparation by a Registrar of an

application to set aside a final order in a civil

proceeding $13.00

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) $20.50

20.     For the issue and execution (including any

attempt at execution) of every warrant of commitment under the Imprisonment of Fraudulent Debtors Act 1958 $37.00

Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1996

r. 5 S.R. No. 108/1996

Item

No. Subject Matter Fee

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	$85.00

for

(b)

for every warrant required to be issued

by the Sheriff on a warrant to seize	$52.50
property or warrant of delivery	$31.50

(c)

on the redirection of any warrant

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

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	$58.50
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 $20.00
(b)	For a further stay of warrant of
ejectment $13.00
(c)	for consent under section 101(1) of that
Act to deal with or use premises $20.00

Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1996

S.R. No. 108/1996 r. 5

Item

No. Subject Matter Fee

26.     For every application to set aside a final order

in a civil proceeding and rehear the $14.70

proceeding

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 $24.00

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	$11.00
(b)	in any other case	$16.50

Attachment of Earnings

29.     For every application under Part 5 of Order

27 of the Rules $24.00

30.     For every order under Part 5 of Order 27 of

the Rules $17.85

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 $5.25

Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1996

r. 5 S.R. No. 108/1996

Item

No. Subject Matter Fee

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 $11.00

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— $14.60

34.     For every infringement penalty filed under

clause 4(1) of Schedule 7 to the Act $32.00

35.     For the purposes of clause 5(3)(b) of

Schedule 7 to the Act, the prescribed costs $17.40

are— 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) (Further
Amendment) Regulations 1996

S.R. No. 108/1996 Notes

NOTES

1     S.R. No. 171/1990. Reprinted to S.R. No. 136/1994 and subsequently amended by S.R. Nos 120/1995 and 35/1996.