Supreme Court Amendment (Fees and Costs) Rules 2004 (TAS)

Supreme Court Amendment (Fees and Costs) Rules 2004

We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, Officer of the Order of Australia, the Honourable EWAN CHARLES CRAWFORD and the Honourable PIERRE WILLIAM SLICER, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 .

1Short titleThese Rules of Court may be cited as the Supreme Court Amendment (Fees and Costs) Rules 2004 . 2CommencementThese Rules of Court take effect on the seventh day after the day on which their making is notified in the Gazette. 3Principal RulesIn these Rules of Court, the Supreme Court Rules 2000 are referred to as the Principal Rules. 4Rule 31 amended (Prepayment of fees) Rule 31 of the Principal Rules is amended by omitting "the Court or a judge" and substituting "the Registrar". 5Rule 522 amended (Remuneration of mediator) Rule 522(2) of the Principal Rules is amended by inserting "and any fees for the mediation payable pursuant to these rules" after "fees". 6Rule 826 amended (Cases of hardship) Rule 826 of the Principal Rules is amended by omitting "reduce or waive" and substituting "reduce, waive or allow time to pay". 7Schedule 1 amended (Fees and costs) Schedule 1 to the Principal Rules is amended by omitting Parts 3 , 4 and 5 and substituting: PART 3Costs to be endorsed on writs and claimed on signing judgment

ITEM	FEES (Claim exceeding $20 000)
1. Costs of writ for service within the jurisdiction –
(a) in a town case	$334
(b) in an agency case	$353
2. Costs of writ for service outside the jurisdiction –
(a) in a town case	$433
(b) in an agency case	$448
3. Costs of signing judgment –
(a) in a town case	$49
(b) in an agency case	$54

PART 4Garnishee and judgment summons proceedings (Inclusive of Court costs)

Rules 912 and 921

Judgment creditor’s costs
In respect of a debt exceeding $20 000	$141
In respect of a debt not exceeding $20 000	$95

PART 5Costs to be endorsed on summons under section 146(2) of the Land Titles Act 1980 for possession of property

Rule 601

Costs of the summons $432

8Schedule 2 amended (Court fees and percentages) Schedule 2 to the Principal Rules is amended as follows: (a) by omitting from clause 3 "reduce or remit" and substituting "reduce, remit or allow time to pay"; (b) by omitting the table from clause 8 and substituting the following table:

Table of fees and percentages
Fees and percentages to be taken in all proceedings (including probate actions) subject to this part of these rules
Item	Fee $
1.	On the commencement of a cause or matter	380
2.	Transcripts –
(a) for a copy of a transcript which has already been transcribed	0.50 per page
(b) for a copy of a transcript which is required to be transcribed	5.00 per page
3.	On the taxation of a bill of costs	4% of the amount allowed, or such lesser amount as the taxing officer, in the officer’s discretion, thinks proper
4.	On filing any notices instituting an appeal from any order or judgment of the Court or any Judge of the Court (excluding an appeal under rule 965)	500
5.	On filing any notices instituting an appeal from an inferior court, statutory tribunal or referee	380
6.	For every search or inspection of any index, register, file or other document, except where any such search or inspection is made by a person who is a party to that cause or matter or the solicitor for that party	16
7.	For any photocopy of a document	0.50 per page
8.	On the appointment of a mediation if the mediator is an employee of, or otherwise engaged by, the Supreme Court	300

W. J. E. Cox

Chief Justice

P. G. Underwood

Puisne Judge

E. C. Crawford

Puisne Judge

P. W. Slicer

Puisne Judge

Countersigned,

I. G. Ritchard

Registrar

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 21 July 2004

These Rules of Court are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule) These Rules of Court amend the