Supreme Court Amendment (Fees) Regulation 2005 (NSW)
2005 No 281
New South Wales
Supreme Court Amendment (Fees)
Regulation 2005
under the
Supreme Court Act 1970
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Supreme Court Act 1970.
BOB DEBUS, M.P.,
Attorney General
Explanatory note
The object of this Regulation is to increase, by approximately 3.75 per cent, certain court fees (as set out in the Supreme Court Regulation 2000) payable in respect of the business of the Supreme Court.
This Regulation is made under the Supreme Court Act 1970, including section 130 (Fees and percentages).
| Published in Gazette No 77 of 24 June 2005, page 3062 | Page 1 |
| 2005 No 281 | |
| Clause 1 | Supreme Court Amendment (Fees) Regulation 2005 |
Supreme Court Amendment (Fees) Regulation 2005
under the
Supreme Court Act 1970
1 Name of Regulation
This Regulation is the Supreme Court Amendment (Fees) Regulation
2005.
2 Commencement
This Regulation commences on 1 July 2005.
3 Amendment of Supreme Court Regulation 2000
The Supreme Court Regulation 2000 is amended as set out in
Schedule 1.
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Supreme Court Amendment (Fees) Regulation 2005
| Amendment | Schedule 1 |
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(Clause 3)
Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Court fees
(Clause 4)
$
1 (1) Filing an initiating process (other than an 1,276 (in the case of a initiating process referred to in paragraph (2) or corporation) or 638 (in (3) or filed in the Court of Appeal) any other case) (2) Filing an initiating process in the Equity Division 2,914 (in the case of a for entry in the Commercial List, the Technology corporation) or 1,457 (in and Construction List or the Admiralty List any other case) (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) is less than $50,000 Nil (b) is $50,000 or more but less than $250,000 563 (c) is $250,000 or more but less than $500,000 710 (d) is $500,000 or more but less than 1,070 $1,000,000 (e) is $1,000,000 or more 1,424
(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 or a summons for leave to
appeal to the Court of Appeal), or
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(b)
a notice of appeal under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001 or section 69 of the Local Courts (Civil Claims) Act 1970, or
(c) a petition, or (d)
subject to Note 3, an originating process under the Corporations Act 2001 of the Commonwealth, or
(e)
a writ of summons under the Admiralty Rules of the Commonwealth.
Note 2.
Where proceedings are entered in the 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 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.
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 Act 2001 of the Commonwealth,
unless it is a summons claiming relief under
section 1321 of the Corporations Act 2001 of the
Commonwealth or regulation 5.6.26 (3) or 5.6.54
(2) of the Corporations Regulations 2001 of the
Commonwealth, or(c)
a summons to pass accounts which is filed pursuant to section 85 (1AA) of the Wills, Probate and Administration Act 1898.
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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 250 (in the case of a
to cross-appeal corporation) or 125 (in
any other case)
(b) an ordinary summons for leave to appeal or 1,168 (in the case of a to cross-appeal in respect of an application corporation) or 584 (in initiated by a holding summons any other case) (c)
any other summons
1,416 (in the case of a corporation) or 708 (in any other case)
(d) notice of appeal without appointment 564 (in the case of a
corporation) or 282 (in
any other case)(e) notice of appeal with appointment:
(i) in proceedings in which a summons 2,978 (in the case of a has been filed in the Court of corporation) or 1,489 (in Appeal any other case) (ii) in proceedings in which a notice of 3,830 (in the case of a appeal without appointment has corporation) or 1,915 (in been filed any other case) (iii) in any other proceedings 4,392 (in the case of a
corporation) or 2,196 (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.
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3 For allocation of a date for hearing of the 2,432 (in the case of a proceedings by one or more judges, a judge and corporation) or 1,216 (in jury or a master 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)
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 after 1 September 2000 whether the proceedings were initiated before or after that date.
Note 3. No fee is payable:
(a) in criminal proceedings, or (b) in proceedings 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 1,548 (in the case of a paid by party requesting jury) corporation) or 774 (in
any other case)(2) Daily jury retention fee (to be paid by party 706 (in the case of a requesting jury for each day jury is required after corporation) or 353 (in the first day of a civil trial) any other case) 5 Filing an application for an order under section 714 (in the case of a 76B of the Act for referral of an action to corporation) or 357 (in arbitration any other case) 6 (1) For the hearing of proceedings by one or more 454 (in the case of a Judges—each half day of hearing on or after the corporation) or 227 (in 11th day any other case)
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(2) For the hearing of proceedings by a master—each 408 (in the case of a half day of hearing on or after the 11th day corporation) or 204 (in
any other case)Note 1. A half day is 3 hours or part of 3 hours. That 3-hour period includes any short adjournment of less than half an hour.
Note 2. 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 3. No fee is payable:
(a) in criminal proceedings, or (b) if the sole purpose of the hearing is the delivery of a reserved judgment, or (c) if a date for hearing the proceedings was allocated before 1 July 2003. Note 4. If a matter is heard by a judge and jury, a hearing fee may be payable in addition to the daily jury retention fee.
7 Filing notice of motion under Rule 2 of Part 19 of 294 (in the case of a the Supreme Court Rules 1970 or an interlocutory corporation) or 147 (in process under the Corporations Act 2001 of the any other case) Commonwealth 8 To open or keep open the registry or part of the 1,012 (in the case of a registry or to open or keep open an office of a clerk corporation) or 506 (in of the Court elsewhere in the State: any other case)
(a) on a Saturday, Sunday or public holiday, or (b) on any other day before 9 am or after 5 pm Note. No fee is payable in criminal proceedings.
9 For an officer of the Court to produce a document 106 (in the case of a at a place other than the Supreme Court Building, corporation) or 53 (in Queens Square, Sydney any other case) 10
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 50 (b) for any other kind of copy 31 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.
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11 To prepare appeal papers—for the first 11 copies, 1,012 (in the case of a or such other number of copies as is ordered to be corporation) or 506 (in printed by the registrar—for each volume of not any other case) more than 250 pages 12
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,
except there is no levy payable on a writ of
execution.13 Certificate of a registrar as to a signature of a public notary 43 14 To prepare a copy of a will, a certificate of grant, 43 an exemplification or a divorce decree, or a copy
of a certificate of conviction (except where it is
requested by a party to the proceedings)15 Making a copy of any document, otherwise than 2 as provided for by item 10 or 14 for each page
(minimum fee of $10)16 Supply of duplicate tape recording of 36 sound-recorded evidence, for each cassette 17 For each copy of the transcript of any proceedings:
(a) for each page, where the matter being 7.90 transcribed is under 3 months old
(minimum fee for 1 to 8 pages of $66)(b) for each page, where the matter being 9.00 transcribed is 3 months old or older
(minimum fee for 1 to 8 pages of $78)
18 To conduct a genealogical search on a probate file 81 (for each file searched) 19 To conduct an adoption search (for each file 43 searched) Note. This amount also includes a copy of any document, if approved by the Court.
20 To conduct a search for an application for a grant 31 or resealing under Part 78 (Probate) of the
Supreme Court Rules 1970 (for each file searched)
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21 To lodge a caveat against an application for a grant 60 (in the case of a or resealing under Part 78 (Probate) of the caveator that is a Supreme Court Rules 1970 corporation) or 30 (in
any other case)22 To lodge a will that is not attached to an initiating 31 process by which an application for a grant or
resealing under Part 78 (Probate) of the Supreme
Court Rules 1970 is made23 To issue a subpoena (for production, to give 114 (in the case of a evidence, or both) corporation) or 57 (in
any other case)24 Notice lodged by a legal practitioner of another (See Note to this item) State, 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 section 40 of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth. Under those Acts, such a
fee cannot be greater than the fee imposed on persons in practitioners of the Court.
25 For storing material over 1 kg in weight that is 110 (in the case of a produced on subpoena (to be paid by the party corporation) or 55 (in requesting issue of the subpoena) any other case) Note. This fee must be remitted under clause 11 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.
26 For storing material produced under a notice to 110 (in the case of a produce (to be paid by the party who issued the corporation) or 55 (in notice), but only if the party who produced the any other case) material to the Court or the registry does not
collect the material within the time specified in a
notice issued to that party by a registrar
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27 The fee for a service not otherwise provided for in 60 (in the case of a this Schedule corporation) or 30 (in
any other case)Note. This fee is chargeable only with the approval of the
Principal Registrar.
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