Supreme Court (Fee Notices) Variation Regulations 2020 (SA)

South Australia

Supreme Court (Fee Notices) Variation Regulations 2020

under the Supreme Court Act 1935

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Supreme Court Regulations 2018

4            Variation of regulation 3—Interpretation

5            Variation of regulation 5—Fees in general jurisdiction

6            Variation of regulation 6—Fees in probate jurisdiction

7           Revocation of Schedules 1 and 2

Part 1—Preliminary

1—Short title

These regulations may be cited as the Supreme Court (Fee Notices) Variation Regulations 2020.

2—Commencement

These regulations come into operation on 1 July 2020.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Supreme Court Regulations 2018

4—Variation of regulation 3—Interpretation

1. Regulation 3, definition of corporation—delete the definition

2. Regulation 3, definition of Electronic System—delete the definition

3. Regulation 3, definition of not‑for‑profit organisation—delete the definition

4. Regulation 3, definition ofprescribed corporation—delete the definition

5. Regulation 3, definition of small business—delete the definition

6. Regulation 3, definition of subsidiary—delete the definition

5—Variation of regulation 5—Fees in general jurisdiction

1. Regulation 5(1)(a)—delete "set out in Schedule 1" and substitute:

   prescribed for the purposes of the Act

2. Regulation 5(2)—delete "listing fees set out in clause 11 of Schedule 1" and substitute:

   fees prescribed for setting a date for trial in the general jurisdiction

3. Regulation 5(3)—delete "trial fees set out in clause 20 of Schedule 1" and substitute:

   prescribed trial fees for each day or part of a day on which the trial is heard by the Court in the general jurisdiction

4. Regulation 5(3)(a)—delete "fee prescribed under clause 20 of the Schedule" and substitute:

   prescribed fee

5. Regulation 5(3)(b)—delete "listing fee set out in clause 11 of the Schedule" and substitute:

   fee prescribed for setting a date for trial in the general jurisdiction

6. Regulation 5(5)—delete subregulation (5)

6—Variation of regulation 6—Fees in probate jurisdiction

1. Regulation 6(1) and (2)—delete subregulations (1) and (2)

2. Regulation 6(3)—delete "an application has been lodged under clause 1, 2 or 3 of Schedule 2" and substitute:

   a prescribed application has been lodged

3. Regulation 6—after subregulation (3) insert:

   (4)In this regulation—

   prescribed application means—

   (a)an application for a grant of probate or administration in respect of a deceased estate; or

   (b)an application for the sealing of a grant under section 17 of the Administration and Probate Act 1919 in respect of a deceased estate; or

   (c)an application for an order under section 9 of the Public Trustee Act 1995 in respect of a deceased estate.

7—Revocation of Schedules 1 and 2

Schedules 1 and 2—delete the Schedules

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 4 June 2020

No 128 of 2020