Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998 (Vic)
Magistrates' Court (Fees, Costs and Charges)
(Further Amendment) Regulations 1998
S.R. No. 137/1998
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 9
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STATUTORY RULES 1998
S.R. No. 137/1998
Magistrates' Court Act 1989
Magistrates' Court (Fees, Costs and Charges)
(Further Amendment) Regulations 1998
The Governor in Council makes the following Regulations:
Dated: 17 November 1998Responsible Minister:
JAN WADE
Attorney-General
SHANNON DELLAMARTA
Acting 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 1998.
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) (Further
Amendment) Regulations 1998
| r. 5 | S.R. No. 137/1998 |
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 $33.00 (b) where the charge-sheet alleges
more than one offence $53.00
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 $60.00 (b) where the amount claimed
exceeds $1000 but does not
exceed $10 000 $122.00 (c) where the amount claimed
exceeds $10 000 $214.00 3. For every complaint filed in the civil
jurisdiction, other than a complaint seeking monetary relief, including copies for service and proof of
service $28.00 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 forservice and proof of service—
Item
No. Subject Matter Fee
Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1998
S.R. No. 137/1998 r. 5
(a) where the amount
counterclaimed does not exceed
$1000 $60.00
(b) where the amount
counterclaimed exceeds $1000
but does not exceed $10 000 (c) where the amount
$122.00
counterclaimed exceeds $10 000 $214.00 5. For every counterclaim, other than a
counterclaim seeking monetary relief,
including copies for service and
proof of service $28.00 6.
For every summons under Part 3 of the Imprisonment of Fraudulent Debtors Act 1958 $28.00 7. For every summons for oral
examination $28.00 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
$122.00
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 $60.00 Item
No. Subject Matter Fee
Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1998
| r. 5 | S.R. No. 137/1998 |
Miscellaneous fees
11. For every certified copy of any order
or conviction $17.00 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 $17.00 1965 13. For every certificate of an order for
filing in the Supreme Court under
section 112 of the Act $17.00 14.
For every certificate of judgment $17.00 15. For every order for attachment of
debt under Part 6 of Order 27 of the
Rules $20.00 For preparation of documents by a
Registrar
16. For the preparation by a Registrar of—
(a) any summons or complaint and
one copy $17.00 (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 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 17. For the preparation by a Registrar of
Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1998
S.R. No. 137/1998 r. 5 any security $10.00 18. For the preparation by a Registrar of
an application to set aside a final
order in a civil proceeding $14.00 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) $22.00 20. For the issue and execution
(including any attempt at execution)
of every warrant of commitment
under the Imprisonment of
Fraudulent Debtors Act 1958 $40.00 21. In any civil proceeding—
(a) on the lodgement with the Sheriff
of any warrant not otherwise
provided for $93.00 (b) for every warrant required to be
issued by the Sheriff on a
warrant to seize property or
warrant of delivery $58.00 (c) on the redirection of any warrant $35.00 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 Filing Applications and Notices
Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1998
| r. 5 | S.R. No. 137/1998 |
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 $64.00 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
$22.00
(b) For a further stay of warrant of
ejectment $14.00 (c) for consent under section 101(1)
of that Act to deal with or use
premises $22.00
25.
For every application to set aside a final order in a civil proceeding and rehear the proceeding
$16.00
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 $26.00 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 $12.00 (b) in any other case $18.00 Attachment of Earnings
28. For every application under Part 5 of
Order 27 of the Rules $26.00 Item
No. Subject Matter Fee 29. For every order under Part 5 of Order
27 of the Rules $19.00
Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1998
S.R. No. 137/1998 r. 5 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 $6.00 Registrar 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
$12.00
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—
$16.00
33. For every infringement penalty filed under clause 4(1) of Schedule 7 to the Act $35.00 34.
For the purposes of clause 5(3)(b) of Schedule 7 to the Act, the prescribed costs are—
$19.00
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.Item No. Subject Matter Fee 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
Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1998
S.R. No. 137/1998
seize property is $40.00 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)
$40.00."
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Magistrates' Court (Fees, Costs and Charges) (Further
Amendment) Regulations 1998
S.R. No. 137/1998 Notes
NOTES
1 Reg 4: S.R. No. 171/1990. Reprinted to S.R. No. 136/1994 and
subsequently amended by S.R. Nos 120/1995, 35/1996, 108/1996,
133/1997 and 106/1998.
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