Supreme Court Act 1970 Supreme Court (Fees and Percentages) Amendment Regulation 2000 (2000-319) [GG No 81 of 30.6.2000, p 5726] (NSW)

No judgment structure available for this case.

2000 No 319

Supreme Court (Fees and

New South Wales

Percentages) Amendment Regulation

2000

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 alter 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 provide for the postponement or waiver of filing fees in the Supreme Court if the persons by whom or on whose behalf the documents are to be filed are persons receiving legal assistance through a community legal centre.

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

(Fees and percentages).

Published in Gazette No 81 of 30 June 2000, page 5726	Page 1
[12]
2000 No 319
Clause 1	Supreme Court (Fees and Percentages) Amendment Regulation 2000

Supreme Court (Fees and Percentages) Amendment
Regulation 2000

1 Name of Regulation
This Regulation is the Supreme Court (Fees and Percentages)
Amendment Regulation 2000.

2 Commencement

This Regulation commences on 1 July 2000.

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.

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1] Clause 4B Postponement of fees in certain other cases
Insert “or legally assisted party” after “pensioner party” in clause 4B (1)–(4) wherever occurring.
[2] Clause 4B (5)
Omit the subclause. Insert instead:

(5) For the purpose of this clause:

(a) a party to proceedings is a pensioner party if he or she is the holder of any card issued by the Commonwealth Government that entitles the holder to Commonwealth health concessions, and
(b) a party to proceedings is a legally assisted party if he or she is receiving legal assistance through a community legal centre within the meaning of section 48H of the Legal Profession Act 1987.

[3] Schedule 1
Omit the Schedule. Insert instead:

Schedule 1 Court fees (Clause 3)
$

1 (1) Filing an initiating process (other than an 1,092 (in the case
initiating process referred to in paragraph (2) or of a corporation)
(3) or filed in the Court of Appeal) or
546 (in any other
case)

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Schedule 1

Amendments

$

(2) Filing an initiating process in the Equity Division
for entry in the Commercial List, the

Construction List or the Admiralty List 2,488
(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

$250,000 482

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

$500,000 607
(d) is $500,000 or more but does not exceed

$1,000,000 912
(e)

is $1,000,000 or more 1,216

(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 initiating process under the Corporations Law, or

(e)

a writ of summons under the Admiralty Rules of the Commonwealth.

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Amendments

Schedule 1

$
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 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 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)
58 (Taking Evidence for Foreign and
in respect of a summons issued under Part 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.

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Schedule 1

Amendments

$
2 For filing in the Court of Appeal:

(a) a holding summons for leave to appeal or to 214 (in the case of

cross-appeal

a corporation) or 107 (in any other case)

(b) an ordinary summons for leave to appeal or 998 (in the case of
to cross-appeal in respect of an application a corporation) or
initiated by a holding summons 499 (in any other
case)

(c)

any other summons

1,210 (in the case of a corporation) or
605 (in any other
case)
(d) notice of appeal without appointment 484 (in the case of
a corporation) or
242 (in any other
case)
(e) notice of appeal with appointment:

(i) in proceedings in which a summons 2,544 (in the case
has been filed in the Court of Appeal of a corporation)
or
1,272 (in any
other case)
(ii) in proceedings in which a notice of 3,272 (in the case
appeal without appointment has been of a corporation)
filed or
1,636 (in any other
case)

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Amendments

Schedule 1

$

(iii) in any other proceedings 3,754 (in the case of a corporation) or
1,877 (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 2,078 (in the case
proceedings by one or more Judges, a Judge and of a corporation)
jury or a master or
1,039 (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)
cross-appeal if the appeal or cross-appeal
an application for leave to appeal or 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 the commencement of the Supreme Court (Fees and Percentages) Amendment
Regulation 1999, whether the proceedings
were initiated before or after that
commencement.
Note 3. No fee is payable:

(a) in criminal proceedings, or

(b)

if the proceedings are of an interlocutory nature only.

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Schedule 1

Amendments

$
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 control of the parties to the proceedings.

4 (1) Filing a requisition for civil trial by jury (to be 1,326 (in the case
paid by party requesting jury) of a corporation)
or
663 (in any other
case)
(2) Daily jury retention fee (to be paid by party 604 (in the case of
requesting jury for each day jury is required after a corporation) or
the first day of a civil trial) 302 (in any other
case)
5 Filing an application for an order under section 612 (in the case of
76B of the Act for referral of an action to a corporation) or
arbitration 306 (in any other
case)
6 Filing notice of motion under Rule 2 of Part 19 254 (in the case of
of the Supreme Court Rules 1970 or an a corporation) or
interlocutory process under the Corporations 127 (in any other
Law 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 864 (in the case of

(except the day after Easter Monday)

a corporation) or 432 (in any other case)
(b) on any other day:

(i) before 8.30 am or after 4.30 pm 864 (in the case of
a corporation) or
432 (in any other
case)

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Amendments

Schedule 1

$

(ii) between 8.30 and 9 am or 4 and 90 (in the case of
4.30 pm a corporation) or 45 (in any other case)

Note. No fee is payable in criminal proceedings.

8 For an officer of the Court to produce a 90 (in the case of
document at a place other than the Supreme a corporation) or
Court Building, Queens Square, Sydney 45 (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 43
(b) for any other kind of copy 26
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 11 864 (in the case of
copies, or such other number of copies as is a corporation) or
ordered to be printed by the registrar—for each 432 (in any other
volume of not more than 250 pages 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 36
13 To prepare a copy of a will, a Certificate of
Grant or an Exemplification 36
14 Making a copy of any document, otherwise than
as provided for by item 9 or 13 for each page 2
(minimum fee 10)

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Schedule 1

Amendments

$
15 Supply of duplicate tape recording of

sound-recorded evidence, for each cassette 31
16 For each copy of the transcript of any proceedings:

(a) for each page, where the matter being

transcribed is under 3 months old 6.70
(minimum fee for 1 to 8 pages 58)

(b) for each page, where the matter being

transcribed is 3 months or older 7.70
(minimum fee for 1 to 8 pages 68)
17               To conduct a genealogical search on a probate

file (for each file searched) 69
18               To conduct an adoption search (for each file

searched) 36
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) 26
20

To lodge a caveat against an application for a 52 (in the case of
grant or resealing under Part 78 (Probate) of the a caveator that is a
Supreme Court Rules 1970 corporation) or 26 (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

26

22

(1)

To issue a subpoena for production

98 (in the case of a corporation) or 49 (in any other case)

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Amendments

Schedule 1

$

(2) To issue a subpoena for production and to give 98 (in the case of

evidence

a corporation) or 49 (in any other case)

(3)

To issue a subpoena to give evidence

48 (in the case of a corporation) or 24 (in any other case)

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

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

40 of the Mutual Recognition Act 1992 of the

Note. This fee is fixed as referred to in section 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 94 (in the case of
produced on subpoena (to be paid by the party a corporation) or
requesting issue of the subpoena) 47 (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.

2000 No 319

Supreme Court (Fees and Percentages) Amendment Regulation 2000

Schedule 1

Amendments

$

25 For storing material produced under a notice to 94 (in the case of
produce (to be paid by the party who issued the a corporation) or
notice), but only if the party who produced the 47 (in any other
material to the Court or the registry does not case)
collect the material within the time specified in a
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 52 (in the case of

in this Schedule

a corporation) or 26 (in any other case)

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

BY AUTHORITY

Actions

Download as PDF Download as Word Document

Citations

Supreme Court Act 1970 - Supreme Court (Fees and Percentages) Amendment Regulation 2000 (2000-319) [GG No 81 of 30.6.2000, p 5726] (NSW)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

1	(1)	Filing an initiating process (other than an	1,092 (in the case
initiating process referred to in paragraph (2) or	of a corporation)
(3) or filed in the Court of Appeal)	or 546 (in any other case)

(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.

(b)	an ordinary summons for leave to appeal or	998 (in the case of
to cross-appeal in respect of an application	a corporation) or
initiated by a holding summons	499 (in any other case)
(c)	any other summons	1,210 (in the case of a corporation) or
605 (in any other case)
(d)	notice of appeal without appointment	484 (in the case of a corporation) or 242 (in any other case)
(e)	notice of appeal with appointment:

(i)	in proceedings in which a summons	2,544 (in the case
has been filed in the Court of Appeal	of a corporation) or 1,272 (in any other case)
(ii)	in proceedings in which a notice of	3,272 (in the case
appeal without appointment has been	of a corporation)
filed	or 1,636 (in any other case)

(iii)	in any other proceedings	3,754 (in the case of a corporation) or
1,877 (in any other case)

3	For allocation of a date for hearing of the	2,078 (in the case
proceedings by one or more Judges, a Judge and	of a corporation)
jury or a master	or 1,039 (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:

(b)	proceedings allocated a date for hearing after the commencement of the Supreme Court (Fees and Percentages) Amendment
Regulation 1999, whether the proceedings were initiated before or after that commencement.

(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)

4	(1)	Filing a requisition for civil trial by jury (to be	1,326 (in the case
paid by party requesting jury)	of a corporation) or 663 (in any other case)
(2)	Daily jury retention fee (to be paid by party	604 (in the case of
requesting jury for each day jury is required after	a corporation) or
the first day of a civil trial)	302 (in any other case)
5	Filing an application for an order under section	612 (in the case of
76B of the Act for referral of an action to	a corporation) or
arbitration	306 (in any other case)
6	Filing notice of motion under Rule 2 of Part 19	254 (in the case of
of the Supreme Court Rules 1970 or an	a corporation) or
interlocutory process under the Corporations	127 (in any other
Law	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	864 (in the case of
(except the day after Easter Monday)	a corporation) or 432 (in any other case)
(b)	on any other day:

(ii)	between 8.30 and 9 am or 4 and	90 (in the case of
4.30 pm	a corporation) or 45 (in any other case)

8	For an officer of the Court to produce a	90 (in the case of
document at a place other than the Supreme	a corporation) or
Court Building, Queens Square, Sydney	45 (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	864 (in the case of
copies, or such other number of copies as is	a corporation) or
ordered to be printed by the registrar—for each	432 (in any other
volume of not more than 250 pages	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	36
13	To prepare a copy of a will, a Certificate of
Grant or an Exemplification	36
14	Making a copy of any document, otherwise than
as provided for by item 9 or 13 for each page	2
(minimum fee	10)

transcribed is under 3 months old	6.70
(minimum fee for 1 to 8 pages	58)

(2)	To issue a subpoena for production and to give	98 (in the case of
evidence	a corporation) or 49 (in any other case)
(3)	To issue a subpoena to give evidence	48 (in the case of a corporation) or 24 (in any other case)

23	Notice lodged by a legal practitioner of another	(See Note to this
State, of a Territory of the Commonwealth or of	item)
New Zealand for admission as a legal practitioner of the Court.
40 of the Mutual Recognition Act 1992 of the
Note. This fee is fixed as referred to in section 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	94 (in the case of
produced on subpoena (to be paid by the party	a corporation) or
requesting issue of the subpoena)	47 (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	94 (in the case of
produce (to be paid by the party who issued the	a corporation) or
notice), but only if the party who produced the	47 (in any other
material to the Court or the registry does not	case)
collect the material within the time specified in a 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	52 (in the case of
in this Schedule	a corporation) or 26 (in any other case)
Note. This fee is chargeable only with the approval of the Principal Registrar.