Magistrates Court (Fees) (Miscellaneous) Variation Regulations 2020 (SA)
South Australia
Magistrates Court (Fees) (Miscellaneous) Variation Regulations 2020
under the Magistrates Court Act 1991
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Magistrates Court (Fees) Regulations 2019
4 Variation of regulation 3—Interpretation
5 Variation of regulation 4—Fees
6 Substitution of Schedule 1
Schedule 1—Fees in Civil (General Claims) Division and Civil (Minor Claims) Division
7 Substitution of Schedule 2
Schedule 2—Fees in Criminal Division
Part 1—Preliminary
1—Short title
These regulations may be cited as the Magistrates Court (Fees) (Miscellaneous) Variation Regulations 2020.
2—Commencement
These regulations come into operation on 27 April 2020.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Magistrates Court (Fees) Regulations 2019
4—Variation of regulation 3—Interpretation
Regulation 3—after the definition of Crown insert:
Electronic System means the system made available by the Court that enables the electronic management of Court processes including the creation, filing and issue of Court documents;
5—Variation of regulation 4—Fees
Regulation 4(2)(a)(i)—delete "plaintiff" and substitute:
applicant
Regulation 4(2)(b)—delete "plaintiff" and substitute:
applicant
Regulation 4(2)(b)—delete "plaintiffs" and substitute:
applicants
Regulation 4(3)—delete "action" and substitute:
proceeding
6—Substitution of Schedule 1
Schedule 1—delete the Schedule and substitute:
Schedule 1—Fees in Civil (General Claims) Division and Civil (Minor Claims) Division
1
On filing a final notice of claim—
(a) in the case of a notice of claim filed using the Electronic System
$22.70
(b) in any other case
$54.50
2
On filing a minor civil action
$153.00
3
On filing a cross action in the nature of a counter claim or a third party claim in a minor civil action
$153.00
4
On filing a document to commence any other proceeding under the Magistrates Court Act 1991—
(a) where the claim is not for money—
(i) in the case of a prescribed corporation
$565.00
(ii) in any other case
$334.00
(b) where the amount claimed, or the value of the property the subject of the proceeding, exceeds $12 000.00 but does not exceed $25 000.00—
(i) in the case of a prescribed corporation
$565.00
(ii) in any other case
$334.00
(c) where the amount claimed, or the value of the property the subject of the proceeding, exceeds $25 000.00 but does not exceed $50 000.00—
(i) in the case of a prescribed corporation
$805.00
(ii) in any other case
$429.00
(d) where the amount claimed, or the value of the property the subject of the proceeding, exceeds $50 000.00—
(i) in the case of a prescribed corporation
$1 180.00
(ii) in any other case
$805.00
5
On filing a cross action in the nature of a counter claim or third party claim in any other proceeding under the Magistrates Court Act 1991—
(a) where the claim is not for money—
(i) in the case of a prescribed corporation
$565.00
(ii) in any other case
$334.00
(b) where the amount claimed, or the value of the property the subject of the proceeding, exceeds $12 000.00 but does not exceed $25 000.00—
(i) in the case of a prescribed corporation
$565.00
(ii) in any other case
$334.00
(c) where the amount claimed, or the value of the property the subject of the proceeding, exceeds $25 000.00 but does not exceed $50 000.00—
(i) in the case of a prescribed corporation
$805.00
(ii) in any other case
$429.00
(d) where the amount claimed, or the value of the property the subject of the proceeding, exceeds $50 000.00—
(i) in the case of a prescribed corporation
$1 180.00
(ii) in any other case
$805.00
6
For issuing and administering an investigation or examination summons under the Magistrates Court Act 1991
$58.50
7
On commencement of a proceeding under any other Act
$153.00
8
On filing a cross action in the nature of a counter claim or a third party claim in any proceeding under any other Act
$153.00
9
On setting a date for trial—
(a) for a minor civil action—
(i) where the amount claimed does not exceed $4 000.00
$214.00
(ii) in any other case
$644.00
(b) for any other proceeding under the Magistrates Court Act 1991—
(i) in the case of a prescribed corporation
$1 073.00
(ii) in any other case
$805.00
10
For publishing an advertisement
actual costs reasonably incurred
11
For each request to search and/or inspect a record of the Court
$25.30
12
For an unsealed copy of the record of the Court
$25.30
13
For a sealed copy of the record of the Court
$79.50
14
For copy of evidence—
(a) per page in electronic form
$8.50
(b) per page in hard‑copy form
$10.90
15
For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceeding free of charge.
$8.50
16
For copy of any other document—per page
$5.10
17
For production of transcript at request of a party where the Court does not require the transcript—per page
$17.20
18
Suitors' Fund—on interest collected on funds in Court or credited to an account, payable on transfer of interest out of the fund or account or at such earlier time or times as required by the Court—
(a) if the interest is $10.00 or less
no fee
(b) in any other case
3% of amount of interest
19
Taxation of costs: on lodging a claim for costs in an existing proceeding (other than in a minor civil action)
$79.50
20
For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour
$407.00
21
For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour
$1 227.00
7—Substitution of Schedule 2
Schedule 2—delete the Schedule and substitute:
Schedule 2—Fees in Criminal Division
1
On commencement of proceedings for summary applications, summary offences, minor indictable offences or indictable offences
$286.00 plus if the information alleges more than 1 offence—$52.00
2
For each request to search and/or inspect a record of the Court
$25.30
3
For an unsealed copy of the record of the Court
$25.30
4
For a sealed copy of the record of the Court
$79.50
Note—
No fee is payable under clauses 2, 3 or 4 for a request made in respect of a record relating to criminal proceedings by or on behalf of the defendant or the victim of the offence that is the subject of those proceedings.
5
For copy of evidence—
(a) per page in electronic form
$8.50
(b) per page in hard‑copy form
$10.90
6
For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceeding free of charge.
$8.50
7
For copy of any other document—per page
$5.10
8
For production of transcript at request of a party where the Court does not require the transcript—per page
$17.20
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 2 April 2020
No 31 of 2020
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