Magistrates' Court (Fees, Costs and Charges) Regulations 2001 (Vic)

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Version No. 012
Magistrates' Court (Fees, Costs and Charges) Regulations 2001
S.R. No. 68/2001
Version incorporating amendments as at 1 January 2010
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provisions
3Commencement
4Revocation
5Definitions
6Exemption from these Regulations
7Fees, costs and charges

__________________
SCHEDULE—Regulations Revoked
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 012
Magistrates' Court (Fees, Costs and Charges) Regulations 2001
S.R. No. 68/2001
Version incorporating amendments as at 1 January 2010
1Objectives
The objectives of these Regulations are to prescribe—
(a)the fees, costs and charges payable in respect of proceedings in the Magistrates' Court of Victoria; and
(b)the fees and costs payable in respect of enforcement of infringement penalties.

2Authorising provisions
These Regulations are made under section 140 of the Magistrates' Court Act 1989.
3Commencement
These Regulations come into operation on 17 July 2001.
4Revocation
The Regulations in the Schedule are revoked.
5Definitions
In these Regulations—
the Act means the Magistrates' Court Act 1989;
the Rulesmeans the Magistrates' Court Civil Procedure Rules 2009.

6Exemption from these Regulations
These Regulations do not apply to, or with respect to—
(a)a member of the police force acting in the course of his or her duty;
(b)a person acting for or by authority of the Crown;
(c)a person acting for or by the authority of the Secretary to the Department of Human Services;
(d)a person acting for or by the authority of the Secretary to the Department of Infrastructure, a municipal council or a person authorised by a municipal council under any Act relating to public health;
(da)a POCTA inspector within the meaning of the Prevention of Cruelty to Animals Act 1986 acting in the course of his or her duty;

(db)a person authorised under section 24ZW of the Prevention of Cruelty to Animals Act 1986 to file a charge for an offence referred to in that section;
(e)proceedings under the Maintenance Act 1965;
(f)proceedings under the Family Violence Protection Act 2008;

(fa)proceedings under the Stalking Intervention Orders Act 2008;

(g)a judgment debtor filing an application for an instalment order under section 7 of the Judgment Debt Recovery Act 1984.

7Fees, costs and charges
The following fees, costs and charges are payable for proceedings in the Magistrates' Court—
TABLE

No.

Subject Matter

Fee

Fees relating solely to the criminal jurisdiction

INITIATION

1.

(a) For every summons to answer to a single charge

3×6 fee units

(b) For every summons to answer to multiple charges

5×7 fee units

1A.

(a) For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have a single lodgeable infringement offence heard and determined in the Court

3×6 fee units

(b) For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have multiple lodgeable infringement offences heard and determined in the Court

5×7 fee units

2.

Filing an application under section 50(4) of the Road Safety Act 1986 for an order as to the issue of a drivers licence or permit

6×7 fee units

3.

Filing an application under section 50(4D) of the Road Safety Act 1986 for reducing the period set out in section 50(4B)(a) in which an assessment report must be obtained from an accredited agency

3×1 fee units

No.

Subject Matter

Fee

Fees relating solely to the civil jurisdiction

4.

COMMENCEMENT

For filing every complaint, counterclaim or third party notice—

(a) where the amount claimed is for monetary relief that does not exceed $1000 or where the claim is one other than for monetary relief

6×2 fee units

(b) where the amount claimed exceeds $1000 but does not exceed $10 000

12×9 fee units

(c) where the amount claimed exceeds $10 000 but does not exceed $40 000

19·6 fee units

(d) where the amount claimed exceeds $40 000

29·4 fee units

5.

ORDER

Request for order

1×5 fee units

6.

APPLICATIONS AND ENFORCEMENT PROCESS

For filing an application, including an interlocutory application, and enforcement process including—

(a) a summons under Part III of the Imprisonment of Fraudulent Debtors Act 1958;

(b) a summons for oral examination;

(c) an application under the following sections of the Landlord and Tenant Act 1958—

section 88(1) (for leave to give notice to quit);

No.

Subject Matter

Fee

section 96(1) (to stay or suspend the execution or to vary discharge or rescind any judgment or order);

section 101(1) (for order of consent to lease, sale or use of premises);

(d) an application under section 6 or section 8 of the Judgment Debt Recovery Act 1984 or filing by a judgment creditor of an agreement under section 7 of that Act;

(e) an application for an attachment of earnings order under Part 5 of Order 27 of the Rules.

3×1 fee units

7.

FEE REDUCTION FOR
LODGMENT BY
ELECTRONIC MESSAGE

If a document is filed with the Court by the lodgment of an electronic message by an authorised user in accordance with the Rules, the fee payable for filing the document as set out in this Table is reduced by $3.00.

8.

HEARING FEES

For hearing at trial or arbitration after the first day—for every day or part of a day

Note: For the purpose 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.

18×5 fee units

9.

ORAL EXAMINATION

Oral examination, under Part 4A of Order 27 of the Rules, before a Registrar

6×2 fee units

No.

Subject Matter

Fee

10.

ISSUE OF WARRANTS TO ENFORCE ORDERS

For each warrant issued

1×5 fee units

Fees with general application in the Court

ISSUE OF ORDERS AND
CERTIFICATES AND FILING
OF SUMMONS TO WITNESS

11.

For each order or certificate issued or supplied

2×6 fee units

12.

For each summons to witness issued

$7.00

13.

PREPARATION OF
DOCUMENTS BY A REGISTRAR

For preparation by a registrar of a summons, warrant, certificate or other document

1×5 fee units

14.

INSPECTION OF A REGISTER

For an inspection of a register under section 18(3) of the Act the prescribed fee (for every 5 minutes or part thereof) is

1 fee unit

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SCHEDULE
REGULATIONS REVOKED
1Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1990, S.R. No. 408/1990
2Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1991, S.R. No. 291/1991
3Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1993, S.R. No. 9/1993
4Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1994, S.R. No. 136/1994
5Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1995, S.R. No. 120/1995
6Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1996, S.R. No. 35/1996
7Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1996, S.R. No. 108/1996
8Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1997, S.R. No. 133/1997
9Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 1998, S.R. No. 106/1998
10 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 1998, S.R. No. 137/1998
11 Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 2000, S.R. No. 6/2000
12 Magistrates' Court (Fees, Costs and Charges) (Further Amendment) Regulations 2000, S.R. No. 43/2000.

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ENDNOTES
1. General Information
The Magistrates' Court (Fees, Costs and Charges) Regulations 2001, S.R. No. 68/2001 were made on 10 July 2001 by the Governor in Council under section 140 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 17 July 2001: regulation 3.
The Magistrates' Court (Fees, Costs and Charges) Regulations 2001 will sunset 10 years after the day of making on 10 July 2011 (see section 5 of the Subordinate Legislation Act 1994).
2. Table of Amendments
This Version incorporates amendments made to the Magistrates' Court (Fees, Costs and Charges) Regulations 2001 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 2003, S.R. No. 54/2003

Date of Making: 11.6.03

Date of Commencement: 16.6.03: reg. 3

Monetary Units Regulations 2004, S.R. No. 88/2004

Date of Making: 29.6.04

Date of Commencement: 1.7.04: reg. 3

Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 2005, S.R. No. 104/2005

Date of Making: 30.8.05

Date of Commencement: 1.9.05: reg. 3

Infringements (General) Regulations 2006, S.R. No. 76/2006

Date of Making: 27.6.06

Date of Commencement: Reg. 4(4) on 1.7.06: reg. 3

Magistrates' Court (Fees, Costs and Charges) Amendment Regulations 2008, S.R. No. 5/2008

Date of Making: 30.1.08

Date of Commencement: 1.2.08: reg. 3

Magistrates' Court (Fees, Costs and Charges) Amendment Regulations 2009, S.R. No. 157/2009

Date of Making: 8.12.09

Date of Commencement: 1.1.10: reg. 3

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3. Explanatory Details

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Magistrates' Court (Fees, Costs and Charges) Regulations 2001 (Vic)

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No.	Subject Matter	Fee
Fees relating solely to the criminal jurisdiction
INITIATION
1.	(a) For every summons to answer to a single charge	3×6 fee units
(b) For every summons to answer to multiple charges	5×7 fee units
1A.	(a) For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have a single lodgeable infringement offence heard and determined in the Court	3×6 fee units
(b) For the lodging of the prescribed information under section 40(1)(a) of the Infringements Act 2006 to have multiple lodgeable infringement offences heard and determined in the Court	5×7 fee units
2.	Filing an application under section 50(4) of the Road Safety Act 1986 for an order as to the issue of a drivers licence or permit	6×7 fee units
3.	Filing an application under section 50(4D) of the Road Safety Act 1986 for reducing the period set out in section 50(4B)(a) in which an assessment report must be obtained from an accredited agency	3×1 fee units
No.	Subject Matter	Fee
Fees relating solely to the civil jurisdiction
4.	COMMENCEMENT For filing every complaint, counterclaim or third party notice—
(a) where the amount claimed is for monetary relief that does not exceed $1000 or where the claim is one other than for monetary relief	6×2 fee units
(b) where the amount claimed exceeds $1000 but does not exceed $10 000	12×9 fee units
(c) where the amount claimed exceeds $10 000 but does not exceed $40 000	19·6 fee units
(d) where the amount claimed exceeds $40 000	29·4 fee units
5.	ORDER
Request for order	1×5 fee units
6.	APPLICATIONS AND ENFORCEMENT PROCESS
For filing an application, including an interlocutory application, and enforcement process including— (a) a summons under Part III of the Imprisonment of Fraudulent Debtors Act 1958; (b) a summons for oral examination; (c) an application under the following sections of the Landlord and Tenant Act 1958— section 88(1) (for leave to give notice to quit);
No.	Subject Matter	Fee
section 96(1) (to stay or suspend the execution or to vary discharge or rescind any judgment or order); section 101(1) (for order of consent to lease, sale or use of premises); (d) an application under section 6 or section 8 of the Judgment Debt Recovery Act 1984 or filing by a judgment creditor of an agreement under section 7 of that Act;
(e) an application for an attachment of earnings order under Part 5 of Order 27 of the Rules.	3×1 fee units
7.	FEE REDUCTION FOR LODGMENT BY ELECTRONIC MESSAGE
If a document is filed with the Court by the lodgment of an electronic message by an authorised user in accordance with the Rules, the fee payable for filing the document as set out in this Table is reduced by $3.00.
8.	HEARING FEES
For hearing at trial or arbitration after the first day—for every day or part of a day Note: For the purpose 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.	18×5 fee units
9.	ORAL EXAMINATION Oral examination, under Part 4A of Order 27 of the Rules, before a Registrar	6×2 fee units
No.	Subject Matter	Fee
10.	ISSUE OF WARRANTS TO ENFORCE ORDERS
For each warrant issued	1×5 fee units
Fees with general application in the Court
ISSUE OF ORDERS AND CERTIFICATES AND FILING OF SUMMONS TO WITNESS
11.	For each order or certificate issued or supplied	2×6 fee units
12.	For each summons to witness issued	$7.00
13.	PREPARATION OF DOCUMENTS BY A REGISTRAR
For preparation by a registrar of a summons, warrant, certificate or other document	1×5 fee units
14.	INSPECTION OF A REGISTER
For an inspection of a register under section 18(3) of the Act the prescribed fee (for every 5 minutes or part thereof) is	1 fee unit

Date of Making:	11.6.03
Date of Commencement:	16.6.03: reg. 3

Date of Making:	29.6.04
Date of Commencement:	1.7.04: reg. 3

Date of Making:	30.8.05
Date of Commencement:	1.9.05: reg. 3

Date of Making:	27.6.06
Date of Commencement:	Reg. 4(4) on 1.7.06: reg. 3

Date of Making:	30.1.08
Date of Commencement:	1.2.08: reg. 3

Date of Making:	8.12.09
Date of Commencement:	1.1.10: reg. 3