Supreme Court (Fees) (Amendment) Regulations 1996 (Vic)
Supreme Court (Fees) (Amendment) Regulations
1996
S.R. No. 110/1996
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Increase in fees 2
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NOTES 7
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STATUTORY RULES 1996
S.R. No. 110/1996
Supreme Court Act 1986
Supreme Court (Fees) (Amendment) Regulations
1996
The Governor in Council makes the following Regulations:
Dated: 22 October 1996Responsible Minister:
JAN WADE
Attorney-General
A. WILTSHIRE
Acting Clerk of the Executive Council
1. Objective
The objective of these Regulations is to revise and increase the fees payable in respect of proceedings in the Supreme Court.
2. Authorising provisions
These Regulations are made under section 129 of the Supreme Court Act 1986.
3. Commencement
These Regulations come into operation on 1
November 1996.
Supreme Court (Fees) (Amendment) Regulations 1996
| r. 4 | S.R. No. 110/1996 |
4. Increase in fees
For Schedules 1 and 2 of the Supreme Court
(Fees) Regulations 19911 substitute—
"SCHEDULE 1
COMMENCEMENT OF PROCEEDINGS
1. Commencement of any proceeding (other than an
appeal) under Chapter I, II, IV, V, VII or VIII $550.00 No fee is payable on commencement of a proceeding under—
(a) Order 57, Rule 63.64, 75.05, 80.3(4) or 81.01 of Chapter I; or
(b) Order 5, Order 6, Parts 2 and 4 of Order 7 or Order 12 of Chapter II; or
(c) Order I of Chapter IV; or (d) Rule 58.16 of Chapter I if the application is for leave to appeal under section 92 of the
Magistrates' Court Act 1989
2. Commencement of a counterclaim under Order 10 of
Chapter I $550.00 3. Commencement of an appeal—
to the Court of Appeal $2200.00 other than to the Court of Appeal $550.00 No fee is payable on commencement of an appeal—
(a) from a judgment given or order made by a Master of the Supreme Court; or
(b) from a judgment given or order made by a Master of the County Court; or
(c) under section 92 of the Magistrates' Court Act 1989
4. Filing a certificate under section 86(4) of the County
Court Act 1958 or section 112(2) of the
Magistrates' Court Act 1989 $220.00
INTERLOCUTORY APPLICATIONS
5. Commencement of an interlocutory application
within a proceeding
No fee is payable on commencement of an $220.00 interlocutory application in a proceeding under—
(a) Rule 63.64, 75.05, 80.03(4) or 81.01 of Chapter
Supreme Court (Fees) (Amendment) Regulations 1996
S.R. No. 110/1996 r. 4 I; or
(b) Order 5, Order 6, Part 4 of Order 7 or Order 12 of Chapter II; or
(c) Order 1 of Chapter IV; or (d) Section 92 of the Magistrates' Court Act 1989
JUDGMENTS IN DEFAULT
6. Filing judgment in default of appearance or defence $279.00
ENTRY IN LIST
7. Setting down or otherwise entering a proceeding into
a list (other than the Building Cases List or the
Commercial List) $294.00 No fee is payable on entering a proceeding into a list under—
(a) Rule 75.05 of Chapter I; or (b) Parts 2 and 4 of Order 7 of Chapter II; or (c) Chapter V; or (d) Section 92 of the Magistratres' Court Act 1989
8. Entering a proceeding into the Building Cases List or
the Commercial List $1650.00
HEARING FEES
9. For hearing an appeal by the Court of Appeal or for
hearing a trial by Judge or by Judge with jury—
for every day or part of a day $273.00 No fee is payable in respect of a proceeding under
Rule 75.05 of Chapter I or section 92 of the
Magistrates' Court Act 198910. For every sitting of a court official at mediation—
for every hour or part of an hour $40.00 No fee is payable in respect of a proceeding under section 92 of the Magistrates' Court Act 1989
11. For every sitting of a court official at pre-trial
conference— $55.00 No fee is payable in respect of a proceeding under section 92 of the Magistrates' Court Act 1989
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TAKING ACCOUNTS, ASSESSMENTS, ETC.
12. Attendance before a Master or court official for the
purpose of investigation, inquiry or assessment,
including the taking of accounts, in respect of each
day's attendance before the Master or court official— for every hour or part of an hour the Master or court official is occupied
$147.00
A Master or court official may require a deposit on account of the fee before proceeding with the reference or at any time during its conduct, and a memorandum of the deposit made must be delivered to the party making the deposit Settling and signing a report of a Master or court official in any investigation, inquiry, assessment or
taking of an account $95.00 No fee is payable on passing accounts of a committee or receiver in the protective jurisdiction of the Court
ADMISSION OF BARRISTERS AND SOLICITORS
13. Authentication of an order for the admission of a
person to practise as a barrister and solicitor of the
Supreme Court $160.00 14. Certificate sealed by the Prothonotary that a person
has been admitted to practise as a barrister and
solicitor of the Supreme Court and that the person's
name remains on the Roll $95.00
SEARCHES, PHOTOCOPIES AND SEALING
15. For each request to search and inspect the records of the Court pertaining to a proceeding or purported proceeding—
if the correct file number of the proceeding is
quoted in the request $23.00 if no number or an incorrect number is quoted in the request $33.00 No fee is payable on a search for a Notice of Appearance required under Rule 21.01(3) of Chapter I
16. To obtain from the Prothonotary a photocopy of any
document, for each page $1.50
Supreme Court (Fees) (Amendment) Regulations 1996
S.R. No. 110/1996 r. 4 17. Sealing any document or certificate other than—
(a) a copy required for service; or (b) a judgment, order or warrant; or (c) a document under Rule 7.13(1) of Chapter I; or (d) a certificate under Rule 80.05 of Chapter I; or (e) any document or certificate for which a
separate fee is prescribed by these Regulations $95.00
REGISTRY HOURS
18. In addition to any other fee payable under these Regulations, where the Prothonotary opens the Registry to provide a service referred to in these
Regulations outside the hours prescribed by Rule
3.09 of Chapter I—within 1/2 hour before the prescribed opening
time or within 1/2 hour after the prescribed
closing time $38.00 at any other time $435.00
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SCHEDULE 2
FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF
PROBATES
1. Commencement of an application for any grant of representation—
(a) where the gross value of the estate is less than
$1000 $79.00 (b) where the gross value of the estate is $1000 or
more $183.00 2. On filing an election to administer under section 11A
of the Trustee Companies Act 1984 $126.00 3. On filing a notice of appointment of the Incorporated
Nominal Defendant as administrator ad item under
section 158 of the Transport Accident Act 1986 $84.00 4. On filing a notice requiring notification of a grant of
representation $126.00 5.
On filing a caveat in the Probate Jurisdiction $84.00 6. On filing an originating motion under Rule 7.04(1) of
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Chapter III $160.00 7. On filing a summons under Rule 8.07(3) of
Chapter III $550.00 8.
For authenticating an order amending parchment $50.00 9. For preparation by the Registrar or Assistant
Registrar of an application in the Small Estates
Office $68.00 10.
On filing a subpoena $42.00 11. Where not done in the usual course of an application for a grant of representation:
Photocopying per page $1.50 Office copy (of parchment and Will) $20.00 Registrar's certificate verifying copy document $84.00 Every Exemplification $84.00 Production of file $23.00
12. Notice to produce—
elsewhere than in the Supreme Court—per hour or part of an hour the Registrar or
Assistant Registrar is absent from usual duties $47.00
TRANSITIONAL FEES
13. For settling and filing an Order Nisi $160.00 14. For settling and filing an Order on return of Order Nisi $160.00 15. For settling and filing an Order of the Court granting
representation $160.00".
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Supreme Court (Fees) (Amendment) Regulations 1996
S.R. No. 110/1996 Notes
NOTES
1 S.R. No. 241/1991 as amended by S.R. Nos 295/1991, 5/1993, 137/1994,
51/1995, 116/1995 and 135/1995.
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