Supreme Court Act 1970 Supreme Court (Fees and Percentages) Amendment Regulation 1996 (1996-654) [GG No 150 of 20.12.1996] (NSW)

1996 No 654

New South Wales

Supreme Court (Fees and

Percentages) Amendment Regulation

1996

under the

Supreme Court Act 1970

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

JEFFREY SHAW, Q.C., M.L.C.,

Attorney General.

Explanatory note

The object of this Regulation is to increase certain fees set out in the Supreme Court (Fees and Percentages) Regulation 1993 to be paid to a clerk or the registrar of the Supreme Court or the Sheriff (depending on circumstances) in respect of the business of that Court.

This Regulation is made under the Supreme Court Act 1970, including section 130 (Fees and percentages).

Published in Gazette No 150 of 20 December 1996, page 8608 Page 1

1996 No 654

Clause 1 Supreme Court (Fees and Percentages) Amendment Regulation 1996

Supreme Court (Fees and Percentages)

Amendment Regulation 1996

1 Name of Regulation

This Regulation is the Supreme Court (Fees and Percentages)

Amendment Regulation 1996.

2 Commencement

This Regulation commences on 1 January 1997.

3 Amendment of Supreme Court (Fees and Percentages)

Regulation 1993

The Supreme Court (Fees and Percentages) Regulation 1993 is amended as set out in Schedule 1.

4 Note

The explanatory note does not form part of this Regulation.

1996 No 654

Supreme Court (Fees and Percentages) Amendment Regulation 1996

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court Fees

(Clause 3)

$

Filing an initiating process (except in the

Commercial and Probate Divisions and the Court

of Appeal)	497.00
Filing an initiating process in the Commercial
Division	2,265.00
Filing an initiating process (other than a process
referred to in paragraph (d)) in the Probate
Division	497.00
Filing an initiating process by which an application for a grant or resealing under Part 78 (Probate) of the Supreme Courts Rules 1970 is made in respect of an estate the sworn gross value of which:

(i)	does not exceed $50,000	Nil
(ii)	is $50,000 or more but does not exceed

$250,000 440.00

(iii)       is $250,000 or more but does not exceed

$500,000 553.00

(iv)        is $500,000 or more but does not exceed

$1,000,000	830.00
(v)	is $1,000,000 or more	1,107.00

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.

1996 No 654

Supreme Court (Fees and Percentages) Amendment Regulation 1996

Schedule 1 Amendment

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 stated case under Pan 31 Rule 2 of the Supreme Court Rules 1970, or
(c)	a petition, or
(d )	subject to Note 4, a summons commencing proceedings under the Corporations Regulations, or
(e )	a writ of summons under the Admiralty Rules of the Commonwealth.

NOTE 2: Where proceedings are transferred to the between the fee referred to in paragraph (b) of Item 1 and any fee paid under paragraph (a) or (d) of that Item.

NOTE 3: This Item does not apply to a summons by which an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules I970 is

made in respect of an estate the sworn gross value of
which is less than $50,000.

NOTE 4: This Item does not apply to 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.

NOTE 5: This Item does not apply to a summons to
pass accounts which is filed pursuant to section 85
(1AA) of the Wills, Probate and Administration Act

1898.

NOTE 6: No fee is payable in respect of a summons
issued under Pan 58 (Taking Evidence for Foreign and
Australian Courts and Tribunals) of the Supreme Court
Rules 1970.

1996 No 654

Supreme Court (Fees and Percentages) Amendment Regulation 1996

Amendment Schedule 1

NOTE 7: No fee is payable 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. (a) For filing a summons in the Court of Appeal 553.00

(b)	Notice of appeal without appointment	220.00
(c)	Notice of appeal with appointment:

(i)         in proceedings in which a summons to

which paragraph (a) applies has been

filed 1, 158.00

(ii)        in proceedings in which a notice of

appeal to which paragraph (b) applies has

been filed 1,490.08
(iii)	in any other proceedings 1,7 10.00

3.   To open or keep open the registry or part of the registry or to open or keep open an office elsewhere in the State of a clerk of the Court:

(a) on a Saturday, Sunday or public holiday (except

the day after Easter Monday)	394.00
(b)	on any other day:
(i) before 9 a.m. or after 4.30 pm. 394.00
(ii) between 9 and 9.30 a m . or 4 and 4.30

p.m. 41.00

4.   For an officer of the Court to produce a document at a

place other than the Supreme Court Building, Queens

Square, Sydney 41.00
5.	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 41.00

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.

6.   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 394.00

1996 No 654

Supreme Court (Fees and Percentages) Amendment Regulation 1996

Schedule 1 Amendment

7.    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.

8.    Certificate of the Prothonotary as a signature of a

Notary Public 34.00

9 .    To prepare a copy of a will, a Certificate of Grant or

an Exemplification 34.00

10.    Making a copy of any document, otherwise than as

provided for by Item 5 or 9, per page 2.00

(minimum fee 10.00)

11.     Supply of duplicate tape recording of sound-recorded

evidence, per cassette 30.00

12.    For each copy of the transcript of any proceedings:

per page, where the matter being transcribed is

under 3 months old	6.50
(minimum fee for 1 to 8 pages	65.00
per page, where the matter being transcribed is
3 months or older	7.50
(minimum fee for 1 to 8 pages	65.00)

13.                Filing a requisition for civil trial by jury (to be

paid by party requesting jury) 604.00

Daily jury retention fee (to be paid by party

requesting jury for each day a jury is required

after the first day of a civil trial) 276.00

14.    Filing an application for an order under section 18 (2)

of the Arbitration (Civil Actions) Act 1983 for

rehearing an action referred for arbitration 343.00

NOTE: This amount is subject to the Supreme Court Rules 1970 providing for the refund of the whole or any par? of the amount.

15.    To conduct a genealogical search on a probate file (for

each file searched) 63.00
16.	To conduct an adoption search (for each file searched) 34.00

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

1996 No 654

Supreme Court (Fees and Percentages) Amendment Regulation 1996

Amendment Schedule 1

17. (a) To issue a subpoena for production 45.00

(b)	To issue a subpoena for production and to give
evidence 45.00
(c)	To issue a subpoena to give evidence 22.00

18.   Notice lodged by a legal practitioner of another State or of a Territory of the Commonwealth for admission as a legal practitioner of the Court.

NOTE: This fee is fixed as referred to in section 40 of the Mutual Recognition Act 1992 of the Commonwealth. Under that Act, 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.