Supreme Court Amendment Rules (No. 3) 1990 (WA)
17 August 19901 GOVERNMENT GAZETTE, WA 4071 SUPREME COURT ACT 1935
SUPREME COURT AMENDMENT RULES (No. 3) 1990
Made by the Judges of the Supreme Court.
Citation1.These rules may be cited as the Supreme Court Amendment Rules (No. 3)
1990.
Commencement
2.These rules shall come into operation on 1 September 1990.
Principal rules
3.In these rules the Rules of the Supreme Court 1971* are referred to as the
principal rules.
[*Reprinted in the Gazette of 18 March 1986 at pp. 779-1100. For Amendments to 18 July 1990 see pp. 358-359 of 1989 Index to Legislation of Western Australia and Gazettes of 23 February and 30 March 1990.]
The Fifth Schedule repealed and a Schedule substituted
4.The Fifth Schedule to the principal rules is repealed and the following
Schedule is substituted—
THE FIFTH SCHEDULE
0.83A, R.I.
Fees Part I
Fees to be taken in the Central Office
Item Matter Fee 1.
(a)
Commencing any cause or matter other than proceedings of the kind referred to in item 1A or 9;
dited list 100.00
(b) Filing a cross appeal 250.00
1A. (a) Filing a counterclaim; or
(b) Issuing a third party notice or a notice under 0.19, R.8;
(c) An application to extend a period of time fixed by law including an application to extend time before proceedings are com- menced;
(d) An application to limit a period of time within which proceedings may be taken;
(e) An application for leave to serve a writ or notice of a writ out of jurisdiction;
(I) An application to swear to the death of a
person;
(g) An application for leave to appeal; (h) An application to remove a local court appeal into the Full Court;
(i) An application for inclusion in the Expe-
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Item Matter Fee
2. Proceedings under the Service and Execution of
Process Act 1901 (Commonwealth)—
(a) on registering a certificate or judgment in
proceedings under the Service and Execu- tion of Process Act 1901 (Commonwealth)
40.00
(b) for a certificate of judgment under s.20 20.00
3A. Entering for hearing a cause or matter except where item 3B applies
200.00
3B. Entering for hearing an appeal resulting from an order of a Court of Petty Sessions
100.00
4. On an appointment before a Master or Regis-
trar—
(a) on a reference for trial or for inquiry and report;
(b) to pass accounts;
(c) to settle the index of a transcript for use upon the hearing of an appeal; or
(d) to settle a list of creditors under the Com-
panies (Western Australia) (Transitional Provision) Rules 1982 or for a certificate under r. 49 or 54 (3) of those rules 70.00 5. On an appointment to tax a bill of costs in a cause or matter or under the Legal Practitio- ners Act 1893 or the Commercial Arbitration Act 1985—
(a) lodgement fee 20.00 plus
(b) taxing fee— (i) where the amount claimed is under
$2 000 50.00 (ii) where the amount claimed is $2 000
or more, 2.5% of the amount at which
the bill is drawn.
NOTE: The Taxing Officer shall allow against the person chargeable with the costs as taxed, taxing fees at the rate of 2.5% of the amount found due on taxation.
6. For searching any proceeding or record other than a search made by or on behalf of a party
to the proceeding 10.00 7.
(a) On an application for the production of records or documents that are required to be produced to any court or tribunal (in-
cluding an umpire or arbitrator) 15.00 (b) Where an officer is required to attend at any court or place out of the Supreme Court building, his reasonable expenses and, in addition, for each hour or part of an hour when he is necessarily absent from his office 25.00 8. Admiralty Proceedings—
(a) on an application in a pending cause or matter whether by summons or on motion, other than an application by the Marshal; or
(b) entry for hearing of a reference to the
Registrar 70.00 (c) sealing a warrant of arrest, release, com-
mission for the appraisement or sale or property or for the appraisement and sale of property
20.00
NOTES:
(1) Where the Registrar is assisted by one or more merchants or other as- sessors, such daily fee shall be paya- ble for each assessor or merchant as a Judge or the Registrar may con- sider reasonable.
17 August 1990] GOVERNMENT GAZETTE, WA 4073
Item Matter Fee
$(2) The fees payable to assessors or mer- chants shall become due de die in diem as the reference proceeds and shall be payable in the first instance by the claimant.
9.
(a)
On an application for a commission to take affidavits or for sealing any other commis- sion, unless otherwise prescribed;
and (b) on an application for admission as a practi-
tioner 50.00 10.
(a)
For typing a copy of a document of any kind or for examining a typed copy of a docu- ment of any kind not bespoken, including marking as an office copy if- required—for each page or part thereof
5.00
(b) For a photographic copy of a document of
any kind, including prepared transcript and of any plan, map, drawing or diagram, including marking as an office copy if required for each page or part thereof
3.00
and for second or subsequent copies—per page 0.50 (c) For a photographic copy of reasons for
judgment consisting of not more than 10 pages—for each copy issued to a person not a party to the proceedings and for each copy in excess of one copy issued to a party to the proceedings
7.00
and for each page in excess of 10 1.00 (d) For photographic copies of exhibits or other
documents (other than evidence or reasons for judgment) required for use on an ap- peal—for each page
1.00
(e) For examining the transcript on an appeal or the documents to be certified under 0.70,
R.19 of the High Court Rules—for each
page 1.00
NOTE: This fee is not payable where item 10
(d) applies. (f) For a typed copy of a document in a foreign language or for a copy other than a photo- graphic copy of a plan, map, section draw- ing, photograph or diagram—the reasona- ble cost thereof as certified by a Registrar.
(g) For certifying under seal that a document
is a true copy—an additional fee of 5.00 PART II
Fees to be taken in the Probate Office
Item Matter Fee
$
11. On application for an original grant or to reseal
a foreign grant—
(a) where the value of the estate is less than
$5 000 50.00
(b) where the value of the estate is $5 000 or
over 120.00 NOTES:
(1) This fee covers:
(a) all documents files in support of the application;
(b) preparation of the necessary pho- tographic copies of documents in- cluding will (if any) required for the grant and Court files; and
(c) the issue of the grant.
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Fee
Item Matter
(2) This fee is not chargeable on a grant pendente lite or ad colligenda bona,
as to which see item 11A.(3) In this item and in subsequent items in this Part, "grant" means a grant of probate or administration with or without the will, or an order to ad- minister.
•
11A. On application for a second subsequent grant in relation to the same deceased person or for
a grant pendente lite or ad colligenda bona ... 75.00 NOTE: This fee is subject to Note (2) to item
11
12.
For depositing a will of a deceased person in the Registry, (including renunciation of execu- tor)
20.00
13. (a) For photographic copies of a will or other
document, including marking as an office
copy if required—for each page 3.00 and for second or subsequent copies per page 0.50
(b) For typing of a copy of a will or other
document including marking as an office copy if required—for each page or part thereof
5.00
(c) For collating a copy with the original docu- ment and marking as an office copy if
required—for each page or part thereof 5.00 NOTE: This fee is not payable where the copy is a photographic copy or where item 13 (b) is payable.
(d) For certifying under seal that a copy of a document is a true copy—an additional fee
of 5.00
14. (a) For a duplicate or triplicate probate or
administration (in addition to item 13 (a));
(b) For an exemplification of a grant (in addi- tion to item 13 (a)); or
(c) for drawing and engrossing a grant in a personal application (other than an applica- tion under s.55 of the Administration Act
1903) including collating 25.00
15. For settling and sealing a citation or a sub-
poena 25.00 16. For a search for and inspection of a document
or file of documents 6.00 PART III
Fees to be taken by the Sheriff and the Marshal
Fees to be taken by the Sheriff
Item Matter Fee
17. (a) Receiving and entering a writ or order for
execution including issuing warrant and
statement under 0.47, R.11 50.00
(b) Receiving and entering a writ or other process for service
10.00
18.
(a) Service of a writ, summons or other process or document
20.00
(b)
Attempted Service: Where after reasonable inquiry the process or other document can- not be served (in addition to an allowance
for kilometres travelled) 8.00
17 August 19901 GOVERNMENT GAZETTE, WA 4075
Item Matter Fee
(c) Where the process or document is subse- quently served at another address, for at- tempted service in the discretion of the Registrar or Sheriff (in addition to an
allowance for kilometres travelled) 8.00 NOTE: Where a person is or could have been served with more than one document at the one time, one fee only shall be allowed.
19. (a) For executing a writ or other process or for
an arrest 40.00
(b) For the release from arrest of any person 20.00
(c) For inquiries concerning judgement debtor's property or for attempted execu-
tion (where item 19 (a) is not payable) 20.00
20. For kilometres travelled on execution of a warrant or other process, or on service of a writ, summons other process or document, or on making an arrest or attending a view, for each kilometre (one way) for the Sheriff's office or Bailiffs office 0.65 NOTE: Where more than one process or docu- ment is executed or served at the same time on the same person or on different persons at the same address, only one allowance for kilom- etres travelled shall be chargeable.
21. (a) Poundage on executing a writ of fieri facias or other process under or by reason of which money is received by the Sheriff or by the judgment creditor, after seizure, 5% on the first $10 000.00 and 2.5% on the balance above that amount.
(b) Where the sale of land, interest in land, or goods or chattels is conducted by a licensed auctioneer instructed by the Sheriff, poundage shall be charged at one-half the abovementioned rates. NOTE: In the case of land, or an interest in land, service of the writ of fieri facias on the Registrar of Titles under s. 133 of the Transfer of Land Act 1893 shall be deemed to be "seizure" for the purpose of this item.
22. Where the sale, whether by public auction or
otherwise, is conducted by the Sheriff or his
officer without the intervention of an auction- eer or agent, poundage of one per centum of the proceeds of sale (in addition to that prescribed by item 21 (a)) shall be chargeable; but the amount chargeable under this item shall not exceed $75.00.
23. (a) Poundage on executing a writ of posses- sion; 5% on the first $10 000.00 and 2.5% on balance of the annual rental value of property as fixed by the Sheriff.
(b)
Poundage on executing a writ of delivery: 5% on the first $10 000.00 and 2.5% on the balance of the value of the property deliv- ered, as fixed by the Sheriff.
24. For auctioneer's or agent's commission, adver- A fee fixed in accor- tising and sundry expenses on account of sale dance with the rec- by auction or otherwise of goods or chattels, or ognized scale of land or any interest in land, whether a sale charges for auction- does or does not take place.
eers and agents in the State of West- ern Australia, or
such other fee as
the Sheriff may
allow.
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Item Matter Fee
25. Where a sale takes place by auction or private
contract, or when no sale takes place—
(a) for advertising and giving publicity to any sale, or intended sale, printing catalogues and bills and distributing and posting the
The sums actually
same
and reasonably
paid.
(b) for labour (if any) employed in lotting and showing goods or chattels, preparing cata- logues and where a sale takes place by auction attending the sale and superin- tending the removal of goods or chattels by.
purchaser
(c) travelling expenses 26. (a) Assistants required to execute a writ of
possession
(b) Man in possession (c) Out-of-pocket expenses incurred by the Bailiff or officer while executing any proc- ess including postage, telegraphic and tele- phonic messages, and travelling expenses of himself and assistants
(d) Clerical assistance when necessary The sums actually
and reasonably
paid.(e) Warehousing or storage of goods or vehicles which are being or are about to be, or have been removed, and insurance thereof against fire, damage, and in the case of motor vehicles, accident and third party
risk (0 Removal or cartage expenses
(g) Where animals or other livestock have been removed, for taking charge of same and for their keep while in custody of the Sheriff whether before or after removal 27. Preparing for the sale of real or personal property including drawing advertisements and particulars and conditions of sale but
excluding actual disbursements (see items 24,
25 and 26) 100.00
28. For attendance at sale 40.00
29.
Where an officer is required to attend Court in charge of any person including a prisoner ordered to attend for examination pursuant to a Judge's order, the reasonable travelling and other expenses of the officer and the person or prisoner, and in addition for each hour or part of an hour when the officer is necessarily engaged
25.00
30. Fee to the Sheriff for attending a view— (a) within 15 kilometres of his office 20.00 (b) if at a greater distance than 15 kilometres 40.00 31. (a) Striking a jury and preparing jury panel 100.00 (b) Attendance of Sheriff's Officer at hearing (per day of part thereof)
40.00
17 August 1990] 4077 GOVERNMENT GAZETTE, WA
Item Matter Fee 32. Where a Sheriff's officer, or other person em- ployed under the Sheriff shall be necessarily put to and incur extra trouble and expense in the discharge of any duty incidental to his office or employment or for any duty or service not herein provided, such sum or such addi- tional sum, as the case may be, as the Sheriff may allow.
Fees to be taken by the Marshal in Admiralty
33. Receiving and entering a warrant or release 50.00 34. Receiving and entering a writ of summons, decree, order, commission or other instrument
under the seal of the Court 20.00
35. For service of writ of summons 40.00 36. For executing a warrant for the arrest of a ship
or other property 100.00 37. Where a writ of summons is served at the same time as a warrant of arrest is executed, in lieu
of items 35 and 36 a fee of 120.00 38. For the execution of an attachment-for each
person 40.00 39. For the release from arrest of a vessel, goods,
or person 20.00 40. For attending the discharge of cargo, or re-
moval of a vessel or goods, per hour 25.00 41.
For the execution of a commission of appraise- ment or sale, or appraisement and sale, in addition to the fees paid to the appraiser or auctioneer 40.00 42.
For the execution of a decree or order, commis- sion, or other instrument other than those herein provided 40.00
43. On the gross proceeds of a vessel or goods, etc , sold-
For every $100.00 or part thereof up to
$20 000.00 4.00 For each additional $100.00 or part thereof 2.00 44. (a) For retaining possession of a vessel with or without cargo, or of a cargo without a vessel, the expenses per day actually paid in respect of a shipkeeper or shipkeepers,
and in addition per day 20.00
NOTE: Where the possession is for a lengthy period, this fee may be reduced at the discre-
tion of the Marshal.
(b) Other actual and necessary payments made by the Marshal for the safe custody of property under arrest may be also al- lowed. NOTE: No fee shall be payable for the custody and possession of property under arrest if it consists of money in a bank, or of goods stored in a bonded warehouse, or if it is in the custody of a customs house officer, or other authorized person.
45. The Marshal or any of his officers, if required to travel for the purpose of discharging his duty, shall be entitled to his reasonable ex- penses for travelling, board and maintenance, in addition to the foregoing fees.
46. For any duty or service not provided for in this Part, or where the fee prescribed is insufficient having regard to the circumstances of the case, such sum, or such additional sum, as the Marshal, upon special application, may allow.
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NOTE: The Marshal may require a deposit of money on account of the fees applicable to any proceedings before the proceedings are com- menced. He may also require an undertaking in writing to pay any further fees or charges which may become payable beyond the amount so deposited.
Dated the 1st day of August 1990.
A.
R. A. WALLACE. W. P. PIDGEON.
B. W. ROWLAND.
E.
M. FRANKLYN. P. L. SEAMAN.
R. D. NICHOLSON.
T. A. WALSH.
H.
A. WALLWORK. M. J. MURRAY.
0
0
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