Small Claims Regulations (NT)

NORTHERN TERRITORY OF AUSTRALIA

Small Claims regulations

As in force at 1 July 2013

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Commencement3 — Fee for filing document4 — Service Fee5 — Fee for copy of orders, inspections etc.6 — Recovery of disbursements7 — Exemption from payment of fee8 — Waiver of fee in case of hardshipENDNOTES northern territory of australia

northern territory of australia

As in force at 1 July 2013

Small Claims regulations

Regulations under the Small Claims Act

1Citation

These Regulations may be cited as the Small Claims Regulations.

2Commencement

These Regulations come into operation on the commencement of the Small Claims Amendment Act 2001.

3Fee for filing document

• (1)

  The fee payable for filing a statement of claim under Part 7 of the Rules is 106 revenue units.

• (2)

  The fee payable for filing an application for a rehearing, or a notice of appeal from an order made by a Registrar, under Part 23 of the Rules is 55 revenue units.

• (3)

  A fee payable under subregulation (1) or (2) is payable to the Court at the time of filing.

4Service Fee

• (1)

  The fee for personal service of a document in proceedings is the fee specified in item 5 of the Schedule to the Local Court Regulations.

• (2)

  A fee payable under subregulation (1) is payable to the bailiff on demand by the bailiff after service of the document.

• (3)

  A fee payable under subregulation (1) is recoverable as part of a judgment whether or not fee was claimed in the statement of claim.

5Fee for copy of orders, inspections etc.

• (1)

  The fee payable for a certified copy of an order under Part 21 of the Rules is the fee specified in item 3 of the Schedule to the Local Court Regulations.

• (2)

  The fee payable for inspection and copies of a document relating to proceedings is the fee specified in item 4 of the Schedule to the Local Court Regulations.

• (3)

  A fee payable under subregulation (1) or (2) is payable to the Court on demand by a Registrar.

6Recovery of disbursements

All disbursements reasonably incurred by a party or by a legal practitioner on behalf of a party in proceedings are recoverable as part of the judgment whether or not the disbursements have been claimed in the statement of claim.

7Exemption from payment of fee

• (1)

  Despite regulations 3, 4 and 5, a person acting in proceedings for or by authority of the Territory is exempt, in relation to the proceedings, from payment of the fees specified in these Regulations.

• (2)

  A person who is exempt from payment of a fee under subregulation (1) is entitled to recover, as part of a judgment debt as if it were a cost incurred, an amount equal to the fee that would, but for subregulation (1), have been payable.

• (3)

  A person referred to in subregulation (2) must, on recovery of the fee, pay to the Court an amount equal to that fee.

8Waiver of fee in case of hardship

If, in a particular case, the Registrar is of the opinion that the payment of a fee under regulation 3, 4 or 5 would cause financial hardship to the party who must pay the fee, the Registrar may waive payment of the whole or a part of the fee.

ENDNOTES

• 1

  KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Small Claims Regulations (SL No. 3, 2002)
Notified	13 February 2002
Commenced	13 February 2002 (r 2, s 2 Small Claims Amendment Act 2001 (Act No. 63, 2001), s 2 Local Court Amendment Act 2001 (Act No. 64, 2001) and GazG6, 13 February 2002, p 4)
Amendment of Small Claims Regulations (SL No. 48, 2002)
Notified	4 December 2002
Commenced	4 December 2002
Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006)
Notified	8 November 2006
Commenced	8 November 2006
Fees and Charges Amendment Regulations 2009 (SL No. 34, 2009)
Notified	14 December 2009
Commenced	1 January 2010 (r 2)
Fees and Charges (Attorney-General and Justice Portfolio) Amendment Regulations 2013 (SL No. 27, 2013)
Notified	28 June 2013
Commenced	1 July 2013 (r 2)

• 3

  LIST OF AMENDMENTS

r 3                     amd No. 48, 2002; No. 36, 2006, r 14; No. 34, 2009, r 10; No. 27, 2013, r 11

r 8                     amd No. 36, 2006, r 15