Supreme Court Act 1970 Supreme Court Amendment (Fees) Regulation 2001 (2001-504) [GG No 103 of 29.6.2001, p 4978] (NSW)

2001 No 504

Supreme Court Amendment (Fees) New South Wales

Regulation 2001

under the

Supreme Court Act 1970

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Supreme Court Act 1970.

BOB DEBUS, M.P.,

Attorney General

Explanatory note

The object of this Regulation is to increase certain court fees set out in the Supreme Court Regulation 2000 to be paid to a clerk or a registrar of the Supreme Court or the Sheriff (depending on circumstances) in respect of the business of the Court. This Regulation is made under the Supreme Court Act 1970, including section 130 (Fees and percentages).

Published in Gazette No 103 of 29 June 2001, page 4978	Page 1
[12]
2001 No 504
Clause 1	Supreme Court Amendment (Fees) Regulation 2001

Supreme Court Amendment (Fees) Regulation 2001

1     Name of Regulation

This Regulation is the Supreme Court Amendment (Fees)

Regulation 2001.

2 Commencement

This Regulation commences on 1 July 2001.

3 Amendment of Supreme Court Regulation 2000

The Supreme Court Regulation 2000 is amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

2001 No 504

Supreme Court Amendment (Fees) Regulation 2001

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court fees (Clause 4)

$

1	(1)	Filing an initiating process (other than an
initiating process referred to in paragraph
(2) or (3) or filed in the Court of Appeal) 1,122 (in the case of a corporation) or 561 (in any other case)
(2)	Filing an initiating process in the Equity
Division for entry in the Commercial List,
the Construction List or the Admiralty List 2,558 (in the case of a corporation) or 1,279 (in any other case)
(3)	Filing an initiating process by which an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules 1970 is made in respect of an estate
the sworn gross value of which:
(a) does not exceed $50,000 Nil
(b) is $50,000 or more but does not exceed

$250,000 495

(c)	is $250,000 or more but does not
exceed $500,000 624

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Supreme Court Amendment (Fees) Regulation 2001

Schedule 1 Amendment

$

(d)	is $500,000 or more but does not
exceed $1,000,000 938
(e)	is $1,000,000 or more 1,250
(4)	The fees for filing a cross-claim under Part 6 (Cross-claims) of the Supreme Court Rules 1970 in any Division of the Court are to be the same fees as are from time to time payable in respect of the filing of an initiating process in that Division.
Note 1. In this item, initiating process means:
(a)

an originating process under the a notice of appeal to the Court of Appeal and a summons for leave to appeal to the Court of Appeal), or

(b) a notice of appeal under Part 5 of the Justices Act 1902, or

(c) a petition, or

(d)	subject to Note 3, an originating process under the Corporations Law, or
(e)	a writ of summons under the Admiralty Rules of the Commonwealth.

Note 2. Where proceedings are entered in the Commercial List, the Construction List or the Admiralty List:

(a)

the fee payable is the difference between the fee referred to in paragraph (2) of item 1 and any fee paid under paragraph (1) or (3) of that item, and

(b)

the fee is payable:

(i)	if the proceedings are entered pursuant to an order of the Court—by the party requesting the making of the order, or
(ii)	if the proceedings are entered by the consent of the parties—by the parties to the proceedings in equal proportions.

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Supreme Court Amendment (Fees) Regulation 2001

Amendment Schedule 1

$

Note 3. This item does not apply to:

(a)	a summons by which an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules 1970 is made in respect of an estate the sworn gross value of which is less than $50,000, or
(b)	a summons by which an application is made in the course of a winding up by the Court under the Corporations Law, unless it is a summons claiming relief under section 1321 of the Corporations

Law or regulation 5.6.26 (3) or 5.6.54 (2) of the Corporations Regulations, or

(c) filed pursuant to section 85 (1AA) of the

a summons to pass accounts which is 1898.

Note 4. No fee is payable:

(a) Part 58 (Taking Evidence for Foreign

in respect of a summons issued under the Supreme Court Rules 1970, or

(b) for an initiating process which relates to the issue of a subpoena to be served outside the State under the Service and Execution of Process Act 1992 of the Commonwealth.

2                   For filing in the Court of Appeal:

(a) a holding summons for leave to appeal

or to cross-appeal 220 (in the case of a
corporation) or
110 (in any other
case)

(b) an ordinary summons for leave to

appeal or to cross-appeal in respect of

an application initiated by a holding

summons 1,026 (in the case of
a corporation) or
513 (in any other
case)

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Supreme Court Amendment (Fees) Regulation 2001

Schedule 1 Amendment

$

(c)	any other summons	1,244 (in the case of a corporation) or 622 (in any other case)
(d)	notice of appeal without appointment	498 (in the case of a corporation) or 249 (in any other case)
(e)	notice of appeal with appointment:

(i)        in proceedings in which a

summons has been filed in the

Court of Appeal 2,614 (in the case of
a corporation) or
1,307 (in any other
case)

(ii)       in proceedings in which a notice

of appeal without appointment

has been filed 3,364 (in the case of a corporation) or 1,682 (in any other case)
(iii)	in any other proceedings 3,858 (in the case of a corporation) or 1,929 (in any other case)

Note. The fee under item 2 (e) (ii) is payable for the obtaining of an appointment to proceed with a cross-appeal if an appeal has been discontinued before the filing of a notice of appeal with appointment in respect of the discontinued appeal.

3                   For allocation of a date for hearing of the

proceedings by one or more judges, a judge

and jury or a master 2,136 (in the case of
a corporation) or
1,068 (in any other
case)

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Supreme Court Amendment (Fees) Regulation 2001

Amendment Schedule 1

$

Note 1. The fee is payable by the plaintiff or appellant in the proceedings. If the Court or a registrar so orders, the fee is payable

by another party to the proceedings or by
any parties to the proceedings in the

proportions ordered.

Note 2. A fee is payable for:

(a)	an application for leave to appeal or cross-appeal if the appeal or cross- appeal has been set down for hearing
on the basis that oral argument on the appeal or cross-appeal will proceed concurrently with the application for leave to appeal or cross-appeal, or
(b)	proceedings allocated a date for hearing after 1 September 2000 whether the proceedings were initiated

before or after that date.

Note 3. No fee is payable:

(a)	in criminal proceedings, or
(b)	if the proceedings are of an interlocutory nature only.

Note 4. A hearing allocation fee is not payable and, if paid, is to be remitted if:

(a)	the proceedings do not proceed on the allocated date for hearing, and
(b)	adjournment was due to circumstances

a registrar is satisfied that the proceedings.

4	(1)	Filing a requisition for civil trial by jury (to
be paid by party requesting jury) 1,362 (in the case of a corporation) or 681 (in any other case)
(2)	Daily jury retention fee (to be paid by party requesting jury for each day jury is required after the first day of a civil trial) 620 (in the case of a corporation) or 310 (in any other case)

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Schedule 1 Amendment

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5	Filing an application for an order under section 76B of the Act for referral of an action to arbitration	628 (in the case of a corporation) or 314 (in any other case)
6	Filing notice of motion under Rule 2 of Part
19 of the Supreme Court Rules 1970 or an
interlocutory process under the
Corporations Law	260 (in the case of a corporation) or 130 (in any other case)
7	To open or keep open the registry or part of the registry or to open or keep open an office of a clerk of the Court elsewhere in the State:

(a) on a Saturday, Sunday or public

holiday (except the day after Easter

Monday) 888 (in the case of a corporation) or 444 (in any other case)
(b)	on any other day:
(i) before 8.30 am or after 4.30 pm 888 (in the case of a corporation) or 444 (in any other case)
(ii) between 8.30 and 9 am or 4 and

4.30 pm 92 (in the case of a
corporation) or
46 (in any other case)

Note. No fee is payable in criminal proceedings.

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Supreme Court Amendment (Fees) Regulation 2001

Amendment Schedule 1

$

8                   For an officer of the Court to produce a

document at a place other than the Supreme

Court Building, Queens Square, Sydney 92 (in the case of a
corporation) or
46 (in any other case)

9                   To furnish a copy of the written opinion or reasons for opinion of any judge or of any master or other officer of the Court:

(a)	for a printed copy	44
(b)	for any other kind of copy	27

Note. A party to proceedings before the Court is entitled to one copy of the opinion or reasons for opinion in relation to the proceedings without charge.

10                 To prepare appeal papers—for the first 11

copies, or such other number of copies as is
ordered to be printed by the registrar—for

each volume of not more than 250 pages 888 (in the case of a
corporation) or
444 (in any other
case)

11                 The fees to be paid to the Marshal in Admiralty are to be the same fees as are from time to time taken by the Sheriff or an officer of the Sheriff for service and execution of process of the Court.

12                 Certificate of a registrar as to a signature of

a public notary 37

13                 To prepare a copy of a will, a certificate of

grant, an exemplification or a divorce
decree, or a copy of a certificate of
conviction (except where it is requested by a

party to the proceedings) 37

14                 Making a copy of any document, otherwise

than as provided for by item 9 or 13 for

each page	2
(minimum fee	10)

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Schedule 1 Amendment

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15                 Supply of duplicate tape recording of

sound-recorded evidence, for each cassette 32

16                 For each copy of the transcript of any proceedings:

(a) for each page, where the matter being

transcribed is under 3 months old	6.90
(minimum fee for 1 to 8 pages	60)

(b)

for each page, where the matter being

transcribed is 3 months or older	7.90
(minimum fee for 1 to 8 pages	70)

17                 To conduct a genealogical search on a

probate file (for each file searched) 71

18                 To conduct an adoption search (for each file

searched) 37

Note. This amount also includes a copy of any document, if approved by the Court.

19	To conduct a search for an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules 1970 (for each file searched) 27
20	To lodge a caveat against an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules 1970 54 (in the case of a caveator that is a corporation) or 27 (in any other case)

21                 To lodge a will that is not attached to an initiating process by which an application for a grant or resealing under Part 78

(Probate) of the Supreme Court Rules 1970

is made 27

22 (1) To issue a subpoena for production 100 (in the case of a corporation) or 50 (in any other case)

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Amendment Schedule 1

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(2)	To issue a subpoena for production and to
give evidence 100 (in the case of a corporation) or 50 (in any other case)
(3)	To issue a subpoena to give evidence 50 (in the case of a corporation) or 25 (in any other case)

23                 Notice lodged by a legal practitioner of

another State, of a Territory of the

Commonwealth or of New Zealand for admission as a legal practitioner of the Court (See Note to this
item)

Note. This fee is fixed as referred to in section 40 of the Mutual Recognition Act 1992 of the Commonwealth and in section

Trans-Tasman Mutual Recognition
(New South Wales) Act 1996. Under those

40 of the fee imposed on persons in New South Wales seeking to be admitted as legal practitioners of the Court.

24 For storing material over 1 kg in weight that is produced on subpoena (to be paid by the party requesting issue of the subpoena) 96 (in the case of a
corporation) or 48 (in
any other case)

Note. This fee must be remitted under clause 11 if:

(a)

within 4 weeks of being granted leave requesting the issue of the subpoena:

(i)         notifies the Court in writing of that part of the material that is not required for the purposes of

the proceedings, and

(ii) the remainder of the material weighs less than 1 kg. consents to the return of that the material, and

(b)

2001 No 504

Supreme Court Amendment (Fees) Regulation 2001

Schedule 1 Amendment

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25                 For storing material produced under a

notice to produce (to be paid by the party
who issued the notice), but only if the party
who produced the material to the Court or
the registry does not collect the material
within the time specified in a notice issued

to that party by a registrar 96 (in the case of a
corporation) or 48 (in
any other case)

26                 The fee for a service not otherwise

provided for in this Schedule 54 (in the case of a
corporation) or
27 (in any other case)

Note. This fee is chargeable only with the approval of the Principal Registrar.

BY AUTHORITY