Supreme Court Act 1970 Supreme Court (Fees and Percentages) Amendment Regulation 1998 (1998-614) [GG No 157 of 30.10.1998, p 8669] (NSW)

1998 No 614

New South Wales

Supreme Court (Fees and

Percentages) Amendment Regulation

1998

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 objects of this Regulation are:

(a ) 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. and
( b )	to indicate that the fees for lodging a notice for admission as a legal practitioner of that Court are to be the same for legal practitioners of New Zealand as they are for legal practitioners of another State or Territory.

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

Published in Gazette No 157 of 30 October 1998, page 8669 Page 1

1998 No 614

Clause 1 Supreme Court (Fees and Percentages) Amendment Regulation 1998

Supreme Court (Fees and Percentages)

Amendment Regulation 1998

1 Name of Regulation

This Regulation is the Supreme Court (Fees and Percentages)

Amendment Regulation 1998.

2 Commencement

This Regulation commences on 1 November 1998.

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.

1998 No 614

Supreme Court (Fees and Percentages) Amendment Regulation 1998

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Court Fees

(Clause 3)

$

1. (a) Filing an initiating process (except in the Equity Division for entry in the Commercial List. or in the Probate Division or Court of Appeal) 509.00

(b)	Filing an initiating process in the Equity
Division for entry in the Commercial List 2,320.00
(c)	Filing an initiating process (other than a process

referred to in paragraph (d)) in the Probate

Division 509.00
( d )	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 i n 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

$250,000 450.00

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

$500,000 566.00

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

$1,000,000 850.00
(v)	is $1,000,000 or more 1,134.00

( e ) 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.

1998 No 614

Supreme Court (Fees and Percentages) Amendment Regulation 1998

Schedule 1 Amendment

1998 No 614

Supreme Court (Fees and Percentages) Amendment Regulation 1998

Amendment Schedule 1

2. For filing in the Court of Appeal:

a holding summons for leave to appeal or to

cross-appeal	100.00
an ordinary summons for leave to appeal or to
cross-appeal in respect of an application initiated
by a holding summons	453.00
any other summons	566.00
notice of appeal without appointment	225.00

notice of appeal with appointment:

(i) in proceedings in which a summons has

been filed in the Court of Appeal 1,186.00

(ii)         in proceedings in which a notice of

appeal without appointment has been filed 1,526.00
(iii)	in any other proceedings 1,751.00

3.

To open orkeep open the registry or part of the the State of a clerk of the Court:

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

the day after- Easter Monday) 403.00

(b )	on any other day:
(i) before 9 a.m. or after 4.30 p.m. 403.00
(ii) between 9 and 9.30 a.m. or 4 and 4.30

p.m. 42.00

4 For an officer of the Court to produce a document at place other than the Supreme Court Building, Queens Square. Sydney

42.00

5.	To furnish a copyof the written opinion or reasons for opinion of any Judge or of any Master or other officer of the Court	42.00
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 11copies, or
such other number of copies a s is ordered to be printed
by the Registrar—for each volume of not more than
250 pages	403.00

1998 No 614

Supreme Court (Fees and Percentages) Amendment Regulation 1998

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 to a signature of a

public notary 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)
I 1 .	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 I to 8 pages	66.00)
per page, where the matter being transcribed is
3 months o r older	7.50
(minimum fee for 1 to 8 pages	66.00)

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

paid by party requesting jury) 618.00

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) 282.00

14.                an application for an order under section 18A

the Arbitration (Civil Actions) Act 1983 for
rehearing an action referred for arbitration	351.00
NOTE: This amount is subject to the Supreme Court

Rules 1970 providing for the whole or

any part of the amount

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

each file searched) 64.00
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.

17. (a) To issue a subpoena for production 46.00

Supreme Court (Fees and Percentages) Amendment Regulation 1998

Amendment Schedule 1

(b)	To issue a subpoena for production and to give
evidence 46.00
(c)	To issue a subpoena to give evidence 22.00

18. of a Territory of the Commonwealth or of New
Zealand 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
and in section 40 of the Trans-Tasman Mutual
Recognition (New South Wales) Act 1996. Under those
Acts, such a fee cannot be greater then the fee Notice lodged by a legal practitioner of another State, admitted as legal practitioners of the Court.