Supreme Court Act 1970 Supreme Court (Fees and Percentages) Amendment Regulation 1999 (1999-584) [GG No 124 of 29.10.1999, p 10285] (NSW)

No judgment structure available for this case.

1999 No 584

Supreme Court (Fees and

New South Wales

Percentages) Amendment Regulation

1999

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.

J. W. SHAW., Q.C., M.L.C.,

Attorney General

Explanatory note
The objects of this Regulation are:

(a)	to increase certain court fees set out in the Supreme Court (Fees and Percentages) Regulation 1993 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, and
(b)	to fix new fees in respect of the business of the Court, such as fees for allocating a date for hearing proceedings and the conduct of certain searches, and
(c)	to fix different fees for different categories of persons, and
(d)	to make other amendments of a minor, ancillary or consequential nature.

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

130 (Fees and percentages).

Published in Gazette No 124 of 29 October 1999, page 10285	Page 1
[16]
1999 No 584
Clause 1	Supreme Court (Fees and Percentages) Amendment Regulation 1999

Supreme Court (Fees and Percentages)
Amendment Regulation 1999

1 Name of Regulation
This Regulation is the Supreme Court (Fees and Percentages)
Amendment Regulation 1999.

2 Commencement

This Regulation commences on 1 November 1999.

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 Notes

The explanatory note does not form part of this Regulation.

Page 2

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1] Clause 2A
Insert after clause 2:
2A Definitions
In this Regulation:
agent of a person includes a legal practitioner acting for the
person (other than a barrister who is retained by another
legal practitioner).
corporation has the same meaning as in section 57A of the
Corporations Law.
criminal proceedings means proceedings in the Court that
are specified in the Third Schedule to the Act.
hearing allocation fee means a fee referred to in item 3 of
Schedule 1.
the Act means the Supreme Court Act 1970.

[2] Clause 3A
Insert after clause 3:

3A Fees chargeable in criminal proceedings
Subject to any provision to the contrary in Schedule 1, fees are chargeable under this Regulation in respect of criminal proceedings.

[3] Clause 4 (1A) and (1B)
Insert after clause 4 (1):
(1A) No hearing allocation fee is chargeable to any of the following parties to proceedings or to agents acting on their behalf in those proceedings:

(a) the Government of New South Wales,

Page 3

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Schedule 1

Amendments

(b) any New South Wales Government Department,

(c)

any statutory body whose expenditure is paid out of the Consolidated Fund.

(1B) A registrar or clerk may require evidence to be furnished for the purpose of deciding whether a statutory body’s expenditure is paid out of the Consolidated Fund.

[4] Clause 4A Pro bono cases
Insert “, or a hearing allocation fee in any such proceedings,” after “to proceedings” in clause 4A (1).
[5] Clause 4A (3A)
Insert after clause 4A (3):

(3A) Despite clause 7A, the Court must not refuse to allocate a date for hearing proceedings merely because, in accordance with this clause, a hearing allocation fee has not been taken on behalf of a pro bono party to those proceedings.

[6] Clause 4A (4) (b)
Insert “ , or the hearing allocation fee,” after “document”.
[7] Clause 6 Persons by and to whom fees payable (other than hearing allocation fees)
Insert after clause 6 (3):

(4)

A reference in Schedule 1 to a fee payable in the case of a corporation is a reference to a corporation on whose behalf a request is made to file a document or render a service.
(5) This clause:

(a) does not apply to hearing allocation fees, and

(b)

is subject to any provision to the contrary in Schedule 1.

Page 4

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Amendments

Schedule 1

[8] Clause 6A
Insert after clause 6:

6A Persons by and to whom hearing allocation fees payable

(1) A hearing allocation fee charged under this Regulation:

(a) is payable by the person made liable to pay the fee under item 3 of Schedule 1, and
(b) is payable to a registrar.
(2) If a person is acting as an agent for a party to any proceedings (being a party by whom a hearing allocation fee is payable under Schedule 1), the person and the party are jointly and severally liable for payment of the hearing allocation fee.

[9] Clause 7 Time for payment of fees

Insert “(other than a hearing allocation fee)” after “Regulation” in clause
7 (1).
[10] Clause 7 (1A)
Insert after clause 7 (1):
(1A) A hearing allocation fee charged under this Regulation
becomes payable:

(a)

immediately after a date is allocated for hearing the proceedings, or

(b)

when the Court or a registrar notifies the parties in writing of the Court’s intention to allocate a date for hearing the proceedings,
whichever first occurs.

[11] Clause 7 (2AA)
Insert after clause 7 (2):

(2AA)

A registrar in relation to any proceedings for which a hearing allocation fee is chargeable may, by order in writing, direct that the whole or any part of any such fee be postponed, waived or remitted, subject to such conditions (if any) as the registrar thinks fit to impose.

Page 5

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Schedule 1

Amendments

[12] Clause 7A
Insert after clause 7:

7A Action available if hearing allocation fee not paid
If a hearing allocation fee is not paid by the due date for its payment, the Court may refuse to hear or continue to hear the proceedings concerned until the fee is paid.

[13] Clause 8 Percentage of interest etc payable to Treasurer
Omit “The Registrar”. Insert instead “A registrar”.
[14] Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Court fees

(Clause 3)

$

1 (1) Filing an initiating process (other than an initiating 1,062 (in the
process referred to in paragraph (b) or (c) or filed case of
in the Court of Appeal) corporation) or
531 (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

2,420
(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
$250,000 469

Page 6

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Amendments

Schedule 1

$

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

$500,000 590
(d) is $500,000 or more but does not exceed

$1,000,000 887
(e)

is $1,000,000 or more 1,183

(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, a summons commencing proceedings 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 (b) of item 1 and any fee paid under paragraph (a) or (c) 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.

Page 7

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Schedule 1

Amendments

$
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)

a summons to pass accounts which is filed pursuant to section 85 (1AA) of the Wills, Probate and Administration Act 1898.
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 208 (in the case

cross-appeal of corporation)
or
104 (in any
other case)

(b) an ordinary summons for leave to appeal or to 970 (in the case
cross-appeal in respect of an application of corporation)
initiated by a holding summons or
485 (in any
other case)

Page 8

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Amendments

Schedule 1

$

(c) any other summons 1,178 (in the
case of
corporation) or
589 (in any
other case)

(d)

notice of appeal without appointment

470 (in the case of corporation) or

235 (in any other case)
(e) notice of appeal with appointment:

(i) in proceedings in which a summons has 2,474 (in the
been filed in the Court of Appeal case of
corporation) or
1,237 (in any
other case)
(ii) in proceedings in which a notice of 3,182 (in the
appeal without appointment has been case of
filed corporation) or
1,591 (in any
other case)
(iii) in any other proceedings 3,652 (in the
case of
corporation) or
1,826 (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 2,022 (in the
proceedings by one or more Judges, a Judge and case of
jury or a master corporation) or
1,011 (in any
other case)

Page 9

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Schedule 1

Amendments

$
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 commencement.
after the commencement of the Supreme Court
(Fees and Percentages) Amendment
Regulation 1999, whether the proceedings

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 1,290 (in the
by party requesting jury) case of
corporation) or
645 (in any
other case)

Page 10

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Amendments

Schedule 1

$

(2) Daily jury retention fee (to be paid by party 588 (in the case
requesting jury for each day jury is required after of corporation)
the first day of a civil trial) or
294 (in any
other case)
5 Filing an application for an order under section
76B of the Act for referral of an action to

arbitration 595
6

Filing notice of motion under Rule 2 of Part 19 of 248 (in the case
the Supreme Court Rules 1970 of corporation)
or
124 (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 840 (in the case

(except the day after Easter Monday) of corporation)
or
420 (in any
other case)

(b) on any other day:

(i) before 8.30 am or after 4.30 pm 840 (in the case of corporation) or
420 (in any other case)

(ii) between 8.30 and 9 am or 4 and 4.30 88 (in the case
pm of corporation)
or
44 (in any other
case)

NOTE: No fee is payable in criminal proceedings.

Page 11

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Schedule 1

Amendments

$

8 For an officer of the Court to produce a document 88 (in the case
at a place other than the Supreme Court Building, of corporation)
Queens Square, Sydney or
44 (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 42
(b) for any other kind of copy 25
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, 840 (in the case
or such other number of copies as is ordered to be of corporation)
printed by the registrar—for each volume of not or

more than 250 pages

420 (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 35
13 To prepare a copy of a will, a Certificate of Grant
or an Exemplification 35
14 Making a copy of any document, otherwise than as
provided for by item 9 or 13 for each page 2
(minimum fee 10)
15 Supply of duplicate tape recording of
sound-recorded evidence, for each cassette 30

Page 12

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Amendments

Schedule 1

$
16 For each copy of the transcript of any proceedings:

(a) for each page, where the matter being

transcribed is under 3 months old 6.50
(minimum fee for 1 to 8 pages 66)

(b) for each page, where the matter being

transcribed is 3 months or older 7.50
(minimum fee for 1 to 8 pages 66)
17            To conduct a genealogical search on a probate file

(for each file searched) 67
18            To conduct an adoption search (for each file

searched) 35
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) 25
20

To lodge a caveat against an application for a grant 50 (in the case
or resealing under Part 78 (Probate) of the of caveator that
Supreme Court Rules 1970 is corporation)
or
25 (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 25
22 (1)

To issue a subpoena for production 96 (in the case of corporation) or

48 (in any other

case)

(2) To issue a subpoena for production and to give 96 (in the case
evidence of corporation)
or
48 (in any other
case)

Page 13

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Schedule 1

Amendments

$

(3)

To issue a subpoena to give evidence

46 (in the case of corporation) or
23 (in any other
case)

23 Notice lodged by a legal practitioner of another (See Note to
State, of a Territory of the Commonwealth or of this item)

New Zealand for admission as a legal practitioner of the Court.

of the Mutual Recognition Act 1992 of the

NOTE: This fee is fixed as referred to in section 40 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.
24 For storing material over 1 kg in weight that is 92 (in the case
produced on subpoena (to be paid by the party of corporation)
requesting issue of the subpoena) or
46 (in any other
case)

NOTE 1: No fee is payable if the subpoena was issued before the commencement of the Supreme Court (Fees and Percentages) Amendment
Regulation 1999.
NOTE 2: This fee must be remitted under clause 7
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.

Page 14

1999 No 584

Supreme Court (Fees and Percentages) Amendment Regulation 1999

Amendments

Schedule 1

$

25 For storing material produced under a notice to 92 (in the case
produce (to be paid by the party who issued the of corporation)
notice), but only if the party who produced the or
material to the Court or the registry does not 46 (in any other
collect the material within the time specified in a case)
notice issued to that party by a registrar
NOTE: No fee is payable if the return date for the
notice occurs before the commencement of the
Supreme Court (Fees and Percentages)
Amendment Regulation 1999.
26 The fee for a service not otherwise provided for in 50 (in the case
this Schedule of corporation)
or
25 (in any other
case)

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

BY AUTHORITY

Page 15

Actions

Download as PDF Download as Word Document

Citations

Supreme Court Act 1970 - Supreme Court (Fees and Percentages) Amendment Regulation 1999 (1999-584) [GG No 124 of 29.10.1999, p 10285] (NSW)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(b)	any New South Wales Government Department,
(c)	any statutory body whose expenditure is paid out of the Consolidated Fund.
(1B)	A registrar or clerk may require evidence to be furnished for the purpose of deciding whether a statutory body’s expenditure is paid out of the Consolidated Fund.

(a)	immediately after a date is allocated for hearing the proceedings, or
(b)	when the Court or a registrar notifies the parties in writing of the Court’s intention to allocate a date for hearing the proceedings,

1 (1)	Filing an initiating process (other than an initiating	1,062 (in the
process referred to in paragraph (b) or (c) or filed	case of
in the Court of Appeal)	corporation) or 531 (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	2,420
(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	469

(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)	a summons to pass accounts which is filed pursuant to section 85 (1AA) of the Wills, Probate and Administration Act 1898.

(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

(b)	an ordinary summons for leave to appeal or to	970 (in the case
cross-appeal in respect of an application	of corporation)
initiated by a holding summons	or 485 (in any other case)

(c)	any other summons	1,178 (in the case of corporation) or 589 (in any other case)
(d)	notice of appeal without appointment	470 (in the case of corporation) or
235 (in any other case)
(e)	notice of appeal with appointment:

(i)	in proceedings in which a summons has	2,474 (in the
been filed in the Court of Appeal	case of corporation) or 1,237 (in any other case)
(ii)	in proceedings in which a notice of	3,182 (in the
appeal without appointment has been	case of
filed	corporation) or 1,591 (in any other case)
(iii)	in any other proceedings	3,652 (in the case of corporation) or 1,826 (in any other case)

3	For allocation of a date for hearing of the	2,022 (in the
proceedings by one or more Judges, a Judge and	case of
jury or a master	corporation) or 1,011 (in any other case)

(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 commencement. after the commencement of the Supreme Court (Fees and Percentages) Amendment Regulation 1999, whether the proceedings

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

(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	1,290 (in the
by party requesting jury)	case of corporation) or 645 (in any other case)

(2)	Daily jury retention fee (to be paid by party	588 (in the case
requesting jury for each day jury is required after	of corporation)
the first day of a civil trial)	or 294 (in any other case)

(ii)	between 8.30 and 9 am or 4 and 4.30	88 (in the case
pm	of corporation) or 44 (in any other case)

8	For an officer of the Court to produce a document	88 (in the case
at a place other than the Supreme Court Building,	of corporation)
Queens Square, Sydney	or 44 (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:

10	To prepare appeal papers—for the first 11 copies,	840 (in the case
or such other number of copies as is ordered to be	of corporation)
printed by the registrar—for each volume of not	or
more than 250 pages	420 (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	35
13	To prepare a copy of a will, a Certificate of Grant
or an Exemplification	35
14	Making a copy of any document, otherwise than as
provided for by item 9 or 13 for each page	2
(minimum fee	10)
15	Supply of duplicate tape recording of
sound-recorded evidence, for each cassette	30

transcribed is under 3 months old	6.50
(minimum fee for 1 to 8 pages	66)

(2)	To issue a subpoena for production and to give	96 (in the case
evidence	of corporation) or 48 (in any other case)

(3)	To issue a subpoena to give evidence	46 (in the case of corporation) or
23 (in any other case)
23	Notice lodged by a legal practitioner of another	(See Note to
State, of a Territory of the Commonwealth or of	this item)
New Zealand for admission as a legal practitioner of the Court.
of the Mutual Recognition Act 1992 of the
NOTE: This fee is fixed as referred to in section 40 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.
24	For storing material over 1 kg in weight that is	92 (in the case
produced on subpoena (to be paid by the party	of corporation)
requesting issue of the subpoena)	or 46 (in any other case)
NOTE 1: No fee is payable if the subpoena was issued before the commencement of the Supreme Court (Fees and Percentages) Amendment
Regulation 1999.
NOTE 2: This fee must be remitted under clause 7
if:

25	For storing material produced under a notice to	92 (in the case
produce (to be paid by the party who issued the	of corporation)
notice), but only if the party who produced the	or
material to the Court or the registry does not	46 (in any other
collect the material within the time specified in a	case)
notice issued to that party by a registrar
NOTE: No fee is payable if the return date for the notice occurs before the commencement of the Supreme Court (Fees and Percentages) Amendment Regulation 1999.
26	The fee for a service not otherwise provided for in	50 (in the case
this Schedule	of corporation) or 25 (in any other case)
NOTE: This fee is chargeable only with the approval of the Principal Registrar.