Sheriff (Transitional Fees) Regulation 2005 (NSW)

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Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Sheriff Act 2005.

Attorney General

Part 1Preliminary1Name of Regulation

This Regulation is the Sheriff (Transitional Fees) Regulation 2005.

2Commencement and repeal

This Regulation commences on 1 July 2005 and is repealed on 1 July 2006.

3Variation of fees payable to the Sheriff

Pursuant to clause 6 of Schedule 2 to the Sheriff Act 2005, the scale of fees that, immediately before the commencement of that Act, was in force under section 9 of the Sheriff Act 1900, and so continues in force as referred to in that clause, is varied by replacing that scale with the scale of fees set out in Schedule 1 to this Regulation.

Schedule 1Scale of fees to be chargeable in the Sheriff’s Office

(Clause 3)

$

1

Service or attempted service of any process or other document, including service by post and preparation of an affidavit of service—for each address at which service of the process or other document is effected or attempted

46

2

For execution, or attempted execution, of any writ, warrant or commission

237

3

Levy on a writ of execution—3% of amount collected by the Sheriff or an officer of the Sheriff

4

For work undertaken in preparing for a sale of land on instructions from a judgment creditor—if sale does not proceed

579

5

Keeper’s fee, each person for each day of 8 hours or part of the day

316

6

Making a copy of any document, for each page

2

(minimum fee of $10)

7

On every search—each name

15

8

Certifying office copy of writ

15

9

Attending a view by a jury (to be paid by the party making the request)

126

10

To open or keep open the Office:

  • (a)

    on a Saturday, Sunday or public holiday

506

  • (b)

    on any other day:

    • (i)

      before 9 am or after 4:30 pm

506

    • (ii)

      between 9 and 9:30 am or 4 and 4:30 pm

53

11

The amount reasonably incurred for the following:

  • (a)

    advertising,

  • (b)

    keeping of livestock levied on,

  • (c)

    officers’ travelling expenses in relation to a view, or in conveying an arrested person to a correctional centre or to court,

  • (d)

    travelling expenses for each keeper or assistant including, where necessary, the cost of meals,

  • (e)

    the execution/service or attempted execution/service of any writ, warrant, commission, summons, process or other document not otherwise provided for.

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