Supreme Court (Fees) Amendment Regulations 2005 (WA)
| 1758 | GOVERNMENT GAZETTE, WA | 28 April 2005 |
Supreme Court Act 1935
Supreme Court (Fees) Amendment
Regulations 2005
Made by the Governor in Executive Council.
1. Citation
These regulations are the Supreme Court (Fees) Amendment
Regulations 2005.2. Commencement
These regulations come into operation on the day on which the
Civil Judgments Enforcement Act 2004 comes into operation or
on the day of their publication in the Gazette, whichever is the
later.3. The regulations amended
The amendments in these regulations are to the Supreme Court
(Fees) Regulations 2002*.[* Published in Gazette 27 December 2001, p. 6583-616. For amendments to 7 April 2005 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 378.]
4. Regulation 4 amended
Regulation 4(1) is amended by deleting “and poundage”.
5. Regulation 5 amended
Regulation 5 is amended as follows:
(a) after paragraph (f) by deleting “or”; (b) after paragraph (g) by deleting the full stop and inserting instead — “
; or
(h)
proceedings under the Civil Judgments Enforcement Act 2004.
”.
| 28 April 2005 | GOVERNMENT GAZETTE, WA | 1759 |
6. Regulation 5A inserted
After regulation 5 the following regulation is inserted —
“
5A. Disputes regarding fees (1) An application for a determination under
section 171(3) of the Act is to be in the form of
Schedule 4 Form 3.(2)
Despite the provisions of these regulations, a fee is not to be charged in respect of an application referred to in subregulation (1).
”.
7. Regulation 7 amended
(1) Regulation 7(1) is amended by deleting “or poundage” in the
3 places where it occurs.(2) After regulation 7(1a) the following subregulation is inserted — “
(1aa) This regulation does not apply to fees specified in
Schedule 2.
”.
(3) Regulation 7(1c) is amended by deleting “or poundage” in the
2 places where it occurs.(4) Regulation 7(2) is amended by deleting “or poundage”. (5) After regulation 7(3a) the following subregulation is inserted — “
(3b) A fee, payment of which has been deferred until an
event occurs, becomes payable when that event occurs.
”.
(6) Regulation 7(5) is repealed and the following subregulation is
inserted instead —“
(5) If a fee payable by a person is waived, reduced,
refunded or deferred in accordance with a direction
under subregulation (1) and the Court or a Registrar is
satisfied, having given the person an opportunity to
make a written submission, that the person has made a
statement or representation in an application under
subregulation (2) that the person knows or has reason
to believe is false or misleading in a material particular,
the Court or Registrar may revoke the direction and so
much of the fee as was waived, reduced, refunded or
deferred is to be paid by the person within 5 days of
being given notice of the revocation of the direction
and, if it is not so paid, is recoverable as an unpaid fee
under regulation 11.
”.
| 1760 | GOVERNMENT GAZETTE, WA | 28 April 2005 |
8. Regulation 9 replaced
Regulation 9 is repealed and the following regulation is inserted
instead —“ 9. Allocation of hearing date — Schedule 1 item 6
(1) In this regulation — “fee” means the fee referred to in Schedule 1 item 6. (2) The fee is not payable in relation to interlocutory
proceedings.(3) The number of days for which the fee is payable is —
(a)
the number of days estimated for the hearing in the certificate of readiness; or
(b)
if at a directions hearing a greater number of days is allocated for the hearing, the number of days allocated for the hearing at the directions hearing.
(4) If the number of days for which the fee is payable is
half a day or less, the fee is reduced by half.(5) The fee, calculated on the basis of the number of days
estimated for the hearing in the certificate of readiness,
must be paid when the fee referred to in Schedule 1
item 5 is paid.(6)
If, at a directions hearing after the cause or matter has been entered for hearing, the number of days allocated for the hearing is increased, the fee for the additional
days is to be paid immediately after the directions
hearing.(7) The fee paid is not refundable except as provided in
subregulations (8), (9) and (10).(8) If the cause or matter is settled and the Court receives
written notice of the settlement the following
percentage of the fee paid is to be refunded —
(a)
if notice is received 42 days or more before the first date allocated for the hearing date, 75%;
(b)
if notice is received 28 days or more before that date, 50%.
(9) If the hearing is adjourned before the first date
allocated for the hearing the following percentage of
the fee paid is to be refunded or transferred to the date
or dates allocated for the adjourned hearing —
(a)
if the Court or Registrar is satisfied the reason for the adjournment is beyond the control of the parties, 100%;
| 28 April 2005 | GOVERNMENT GAZETTE, WA | 1761 |
(b) otherwise, if the adjournment occurs — (i) 42 days or more before the first date allocated for the hearing, 75%; or
(ii) 28 days or more before that date, 50%.
(10) If the hearing is adjourned after it has commenced and
the Court or Registrar is satisfied the reason for the
adjournment is beyond the control of the parties, the
fee paid in respect of dates after the date of the
adjournment is to be refunded or transferred to the date
or dates allocated for the adjourned hearing.
”.
9. Regulation 11 replaced
Regulation 11 is repealed and the following regulation is
inserted instead —“ 11. Recovery of unpaid fees
Any unpaid fee is a debt due to the State and may be
recovered by action in a court of competent
jurisdiction.
”.
10. Schedule 1 amended
(1) Schedule 1 item 6 is deleted and the following item is inserted
instead —
“6. Allocation of hearing date,
for each day allocated ..................... 420 840 NOTE:
See regulation 9.
”.
(2) Schedule 1 item 8(a) and “or” after it is deleted and the
following paragraph is inserted instead —“
(a) On filing an —
(i) interlocutory application or summons
returnable;(ii) application for assessment of damages; or
(iii) application for summary judgment,
before a Judge, Master or Registrar in Chambers; or
”.
(3) Schedule 1 item 9 is amended by deleting “an interlocutory
application, summons or reference before a Judge, Master or
Registrar” and inserting instead —“ a matter to which item 8 applies ”.
| 1762 | GOVERNMENT GAZETTE, WA | 28 April 2005 |
(4) Schedule 1 item 10 is amended by deleting “Legal Practitioners
Act 1893” and inserting instead —“ Legal Practice Act 2003 ”. 11. Schedule 2 replaced
Schedule 2 is repealed and the following Schedule is inserted
instead —“ Schedule 2 — Fees to be taken by the sheriff
[r. 4]
Item Matter Fee
$1. For the execution of an arrest warrant of
any kind ………………………………… 136.00 NOTE 1 including —
(a) arresting the person; (b) conveying the person to a court or a custodial place; (c) ongoing custody of the person; (d) releasing the person from arrest. NOTE 2 the execution of the warrant exceeds 2½ hours, the Court may grant the sheriff an additional allowance.
2.
For the service of any writ, application, summons, originating process, notice or order of the Court or any other process requiring service ………………………...
37.50
NOTE
The fee is payable whether or not the service is successful and covers up to3 attempts at service at the same address.
If it is necessary to travel to execute a
3.
warrant or other process, or on service of
a writ, summons, order of the Court,
other process or document, or on making
an arrest or for all attempts, attendances
and inspections, from the sheriff’s officeor nearest bailiff’s office —
(a) for each kilometre travelled (one
way) in the metropolitan area ......... 0.95 (b) for each kilometre travelled (one
way) outside the metropolitan area ... 1.05
NOTE a bailiff at the same time on the same person or on different persons at the same address, only one allowance for kilometres is chargeable.
4. Fee to the sheriff for attending a view —
per hour or part of an hour …………….. 35.00 5.
(a) For striking a jury and preparing
jury panel ………………………… 118.00
(b) For attendance of sheriff’s officer at The sum actually and hearing (per day or part of a day) … reasonably paid.
”.
| 28 April 2005 | GOVERNMENT GAZETTE, WA | 1763 |
12. Schedule 4 amended
(1) Schedule 4 Form 2 is amended by deleting “and poundage”. (2) At the end of Schedule 4 the following form is inserted — “
Form 3
Application for determination of dispute about fees
In the Supreme Court of No. of 20 Western Australia Plaintiff: ……………………………………………………………… Defendant: ………………………………………………………………
Application: To the Principal Registrar for a determination under
s. 171(3) of the Supreme Court Act 1935 of a
question regarding fees.Applicant: ……………………………………………………….. Full name ……………………………………………………….. Address
…………………………... ……………………….. Date of birth MDL No. Disputed fee:
The disputed fee is for ………………………………. ……………………………………………………….. ……………………………………………………….. Payable under the Supreme Court (Fees)
Regulations 2002 — Schedule 1 item ………………………………
Schedule 2 item ………………………………
Schedule 3 item ………………………………I dispute —
that the fee is payable
the amount of the fee
other [give details]…………..…………………….
………………………………………………... I dispute the fee because ……………………………………….………... ……………………………………………………………………………. ……………………………………………………………………………. ……………………………………………………………………………. …………………………………………………………………………….
Signature of
applicant: ……………………………………………………….. Date: / /20
”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council. ———————————
| 1764 | GOVERNMENT GAZETTE, WA | 28 April 2005 |
Sentencing Act 1995
Sentencing Amendment Regulations 2005
Made by the Governor in Executive Council.
1. Citation
These regulations are the Sentencing Amendment
Regulations 2005.2. Commencement
These regulations come into operation on 2 May 2005.
3. The regulations amended
The amendments in these regulations are to the Sentencing
Regulations 1996*.[* Reprinted as at 3 September 2002. For amendments to 14 April 2005 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 351, and
Gazette 14 May, 3 August and 31 December 2004.]
4. Regulation 13 amended
(1) Regulation 13(2), (3) and (4) are repealed and the following
subregulations are inserted instead —“
(2) The prescribed form for an arrest warrant for the
purposes of sections 14, 33J, 33P, 50, 79, 84E and 129
of the Act is Form 1 in the Criminal Procedure
Regulations 2005 Schedule 1.(3)
The prescribed form for a remand warrant for the purposes of section 17 of the Act is Form 2 in the Criminal Procedure Regulations 2005 Schedule 1.
(4) The prescribed form for a warrant to commit a person
to another court for the purposes of sections 78, 128
and 132 of the Act is Form 2 in the Criminal
Procedure Regulations 2005 Schedule 1.
”.
(2) The Table to regulation 13 is amended by deleting the item
relating to section “33J and 33P” of the Act.
| 28 April 2005 | GOVERNMENT GAZETTE, WA | 1765 |
5. Schedule 1 amended
Form 1A in Schedule 1 is deleted.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
0
0
0