Supreme Court (Fees) (Amendment) Regulations 2000 (Vic)

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Supreme Court (Fees) (Amendment) Regulations

2000

S.R. No. 1/2000

TABLE OF PROVISIONS

Regulation Page
1. Objective 1
2. Authorising provision 1
3. Commencement 1
4. Increase in fees 1

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NOTES 8

i

STATUTORY RULES 2000

S.R. No. 1/2000

Supreme Court Act 1986

Supreme Court (Fees) (Amendment) Regulations

2000

The Governor in Council makes the following Regulations:
Dated: 18 January 2000

Responsible Minister:

ROB HULLS

Attorney-General

HELEN DOYE

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to increase
the fees payable in respect of matters in the

Supreme Court.

2. Authorising provision

These Regulations are made under section 129 of the Supreme Court Act 1986.

3. Commencement

These Regulations come into operation on

1 February 2000.

4. Increase in fees

For Schedules 1 and 2 of the Supreme Court
(Fees) Regulations 19911 substitute—

Supreme Court (Fees) (Amendment) Regulations 2000

r. 4 S.R. No. 1/2000
"SCHEDULE 1

COMMENCEMENT OF PROCEEDINGS

1.       Commencement of any proceeding (other than an

appeal) under Chapter I, II, IV, V, VII or VIII $625.00

No fee is payable on commencement of a proceeding under—

(a) Order 57, Rule 63.64, 75.05, 80.03(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 1 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 $625.00

3.         Commencement of an appeal—

to the Court of Appeal $2500.00
other than to the Court of Appeal $625.00

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 $248.00

INTERLOCUTORY APPLICATIONS

5.         Commencement of an interlocutory application

within a proceeding $248.00

No fee is payable on commencement of an interlocutory application in a proceeding under—

(a) Rule 63.64, 75.05, 80.03(4) or 81.01 of Chapter
I; or
(b) Order 5, Order 6, Part 4 of Order 7 or Order 12

Supreme Court (Fees) (Amendment) Regulations 2000

S.R. No. 1/2000 r. 4

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 $315.00

ENTRY IN LIST

7.         Setting down or otherwise entering a proceeding into

a list (other than the Building Cases List or the

Commercial List) $330.00

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 Magistrates' Court Act 1989

8.         Entering a proceeding into the Building Cases List or

the Commercial List $1875.00

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 $310.00
No fee is payable in respect of a proceeding under
Rule 75.05 of Chapter I or section 92 of the
Magistrates' Court Act 1989

10.       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— $62.00

No fee is payable in respect of a proceeding under section 92 of the Magistrates' Court Act 1989

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

Supreme Court (Fees) (Amendment) Regulations 2000

r. 4 S.R. No. 1/2000

day's attendance before the Master or court official— for every hour or part of an hour the Master or court official is occupied

$165.00

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 $108.00

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 $180.00

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 $108.00

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 $26.00
if no number or an incorrect number is quoted
in the request $38.00

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

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

Supreme Court (Fees) (Amendment) Regulations 2000

S.R. No. 1/2000 r. 4
(e) any document or certificate for which a
separate fee is prescribed by these Regulations $108.00

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 $44.00
at any other time $490.00

_______________
Supreme Court (Fees) (Amendment) Regulations 2000

r. 4 S. R. No. 1/2000
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 $85.00
(b) where the gross value of the estate is $1000 or
more $210.00

2.         On filing an election to administer under section 11A

of the Trustee Companies Act 1984 $142.00

3.         On filing a notice of appointment of the Incorporated

Nominal Defendant as administrator ad litem under

section 158 of the Transport Accident Act 1986 $92.00

4.         On filing a notice requiring notification of a grant of

representation $142.00
5.
On filing a caveat in the Probate Jurisdiction $92.00

6.         On filing an originating motion under Rule 7.04(1) of

Chapter III $175.00

7.         On filing a summons under Rule 8.07(3) of

Chapter III $620.00
8.
For authenticating an order amending parchment $54.00

9.         For preparation by the Registrar or Assistant

Registrar of an application in the Small Estates

Office $77.00
10.
On filing a subpoena $46.00

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) $22.00
Registrar's certificate verifying copy document $92.00
Every Exemplification $92.00
Production of file $26.00

12.       Notice to produce—

Supreme Court (Fees) (Amendment) Regulations 2000

S.R. No. 1/2000 r. 4

elsewhere than in the Supreme Court—

per hour or part of an hour the Registrar or

Assistant Registrar is absent from usual duties $50.00

TRANSITIONAL FEES

13. For settling and filing an Order Nisi $170.00
14. For settling and filing an Order on return of Order
Nisi $170.00
15. For settling and filing an Order of the Court granting
representation $170.00".

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Supreme Court (Fees) (Amendment) Regulations 2000

Notes S.R. No. 1/2000

NOTES

1 Reg. 4: S.R. No. 241/1991. Reprint No. 1 as at 18 June 1998.

Subsequently amended by S.R. No. 141/1998.

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