Supreme Court Act 1970 Supreme Court Amendment (Fees) Regulation 2002 (2002-441) [GG No 106 of 28.6.2002, p 4886] (NSW)

2002 No 441

New South Wales

Supreme Court Amendment (Fees)

Regulation 2002

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.

The fee increases are in line with movements in the Consumer Price Index.

This Regulation is made under the Supreme Court Act 1970, including section 130

(Fees and percentages).

Published in Gazette No 106 of 28 June 2002, page 4886	Page 1
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2002 No 441

Clause 1 Supreme Court Amendment (Fees) Regulation 2002

Supreme Court Amendment (Fees) Regulation 2002

1     Name of Regulation

This Regulation is the Supreme Court Amendment (Fees)

Regulation 2002.

2 Commencement

This Regulation commences on 1 July 2002.

3 Amendment of Supreme Court Regulation 2000

The Supreme Court Regulation 2000 is amended as set out in

Schedule 1.

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2002 No 441

Supreme Court Amendment (Fees) Regulation 2002

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) 1,148 (in the case of a corporation) or 574 (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 2,616 (in the case of a corporation) or 1,308 (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

$250,000 506

(c)	is $250,000 or more but does not exceed
$500,000 638

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Supreme Court Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

(d)	is $500,000 or more but does not exceed
$1,000,000 960
(e)	is $1,000,000 or more 1,279

(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 Supreme Court Rules 1970 (other than 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 Act 2001 of the Commonwealth, 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.

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 Act 2001 of the Commonwealth, unless it is a summons claiming relief under section 1321 of the Corporations Act 2001 of the Commonwealth or regulation 5.6.26 (3) or 5.6.54 (2) of the Corporations Regulations 2001 of the Commonwealth, or
(c)	a summons to pass accounts which is filed pursuant to section 85 (1AA) of the Wills, Probate and Administration Act 1898.

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2002 No 441

Supreme Court Amendment (Fees) Regulation 2002

Amendment	Schedule 1
$

Note 4. No fee is payable:

(a)	in respect of a summons issued under Part 58 (Taking Evidence for Foreign and Australian Courts and Tribunals) of 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

224 (in the

case of a

corporation)

or

112 (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 1,050 (in the case of a corporation) or 525 (in any other case)
(c)	any other summons 1,272 (in the case of a corporation) or 636 (in any other case)
(d)	notice of appeal without appointment 508 (in the case of a corporation) or 254 (in any other case)

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Supreme Court Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

(e)	notice of appeal with appointment:
(i) in proceedings in which a summons has

been filed in the Court of Appeal

2,674 (in the

case of a

corporation)

or

1,337 (in any

other case)

(ii)       in proceedings in which a notice of

appeal without appointment has been

filed 3,440 (in the case of a corporation) or 1,720 (in any other case)
(iii)	in any other proceedings 3,946 (in the case of a corporation) or 1,973 (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.

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Supreme Court Amendment (Fees) Regulation 2002

Amendment	Schedule 1
$

3                   For allocation of a date for hearing of the

proceedings by one or more judges, a judge and

jury or a master

2,184 (in the

case of a

corporation)

or

1,092 (in any

other case)

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 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)	a registrar is satisfied that the adjournment was due to circumstances beyond the control of the parties to the proceedings.

4	(1)	Filing a requisition for civil trial by jury (to be paid
by party requesting jury) 1,392 (in the case of a corporation) or 696 (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) 634 (in the case of a corporation) or 317 (in any other case)

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Supreme Court Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

5                   Filing an application for an order under section 76B

of the Act for referral of an action to arbitration

642 (in the

case of a

corporation)

or

321 (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 Act 2001 of the

Commonwealth

266 (in the

case of a

corporation)

or

133 (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)

908 (in the

case of a

corporation)

or

454 (in any

other case)

(b)	on any other day:
(i) before 8.30 am or after 4.30 pm 908 (in the case of a corporation) or 454 (in any other case)

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Supreme Court Amendment (Fees) Regulation 2002

Amendment	Schedule 1
$

(ii)       between 8.30 and 9 am or 4 and

4.30 pm

94 (in the case

of a

corporation)

or

47 (in any

other case)

Note. No fee is payable in criminal proceedings.

8	For an officer of the Court to produce a document at a place other than the Supreme Court Building, Queens Square, Sydney	94 (in the case of a corporation) or 47 (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	45
(b)	for any other kind of copy	28

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

908 (in the

case of a

corporation)

or

454 (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 38

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Supreme Court Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

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) 38

14                 Making a copy of any document, otherwise than as

provided for by item 9 or 13 for each page 2

(minimum fee of $10)

15                 Supply of duplicate tape recording of

sound-recorded evidence, for each cassette 33

16                 For each copy of the transcript of any proceedings:

(a) for each page, where the matter being

transcribed is under 3 months old	7.10
(minimum fee for 1 to 8 pages of $60)

(b)	for each page, where the matter being
transcribed is 3 months or older 8.10

(minimum fee for 1 to 8 pages of $70)

17                 To conduct a genealogical search on a probate file

(for each file searched) 73

18                 To conduct an adoption search (for each file

searched) 38

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) 28
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)

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Supreme Court Amendment (Fees) Regulation 2002

Amendment	Schedule 1
$

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 28

22	(1)	To issue a subpoena for production	102 (in the case of a corporation) or 51 (in any other case)
(2)	To issue a subpoena for production and to give
evidence	102 (in the case of a corporation) or 51 (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 40 of the Trans-Tasman Mutual Recognition (New South Wales) Act 1996. Under those Acts, such a fee
cannot be greater than the fee imposed on persons in New South Wales seeking to be admitted as legal practitioners of the Court.

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Supreme Court Amendment (Fees) Regulation 2002

Schedule 1 Amendment

$

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)	98 (in the case of a corporation)
or 49 (in any other case)
Note. This fee must be remitted under clause 11 if:

(a)

within 4 weeks of being granted leave to inspect the material, the party 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)	consents to the return of that part to the person who produced the material, and

(b)

the remainder of the material weighs less than 1 kg.

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 98 (in the case of a corporation)

or 49 (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

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