Supreme Court (Fees) Amendment Regulations 2006 (WA)

2184 GOVERNMENT GAZETTE, WA 23 June 2006

JU304*

Supreme Court Act 1935

Supreme Court (Fees) Amendment

Regulations 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Supreme Court (Fees) Amendment
Regulations 2006.

2.             Commencement

These regulations come into operation on 1 July 2006.

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 25 May 2006 see Western Australian Legislation Information Tables for 2005, Table 4, p. 406.]

4.             Regulation 3 amended

Regulation 3 is amended by inserting in the appropriate alphabetical position -

44

"enforcement officer" has the meaning given to that

(3)	If the parties agree on the bill of costs in a cause or matter or under the Legal Practice Act 2003 or the Commercial Arbitration Act 1985 and the appointment
is cancelled, the following percentage of the fee paid is to be refunded - (a) if the appointment is cancelled less than 3 days before the day of the appointment, nil;

term in the Civil Judgments Enforcement Act 2004
section 3;

5.             Schedule 1 amended

(1)	Schedule 1 Division 1 item 4 is deleted.
(2)	After Schedule 1 Division 1 item 10 note (2) the following note is inserted -
IE

23 June 2006 GOVERNMENT GAZETTE, WA 2185

(b)	if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%;
(c)	if the appointment is cancelled 10 or more days before the day of the appointment, 80%.

(3) Schedule I Division us amended in each item listed in

column 1 of the Table to this subregulation by deleting the
figure set Out in column 2, and inserting instead the figure set

Out in column 3 Opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead

1, 2(a) and (b), 5	654.00	681.00
1, 2(a) and (b), 5	981.00	1022.00

2(c) and (d)	218.00	228.00
2(c) and (d)	327.00	342.00
3	436.00	456.00
3	654.00	684.00
6 and 7	436.00	456.00
ô and 7	872.00	912.00
8	153.00	160.00
8	229.00	239.00
10(a)	153.00	160.00
10(a)	229.00	239.00

11 (both places)	22.00	23.00
12(a) (both places)	33.00	34.00
12(b) (both places)	55.00	57.00

13(d) and (e)

(4 places) 44.00 46.00

1 3A(b) (both

places) 10.50 11.00

14 218.00 228.00

(4) Schedule 1 Division 2 is amended in each item listed in

column 1 of the Table to this subregulation by deleting the
figure set out in column 2, and inserting instead the figure set

Out in column 3 opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
1	109.00	114.00
1	218.00	228.00
2	1635.00	1710.00
2	3270.00	3420.00
3	218.00	228.00
3	327.00	342.00
4	153.00	160.00

2186 GOVERNMENT GAZETTE, WA 23 June 2006

Column 1	Column 2	Column 3
Item	Delete	Insert instead
4	229.00	239.00
5	545.00	570.00
5	818.00	855.00
6 and 7	436.00	456.00
6 and 7	872.00	912.00
8 (both places)	22.00	23.00

9(d) (both places)	44.00	46.00
10(b) (both places)	10.50	11.00

6.             Schedule 2 amended

(1) Schedule 2 item 1 and notes 1 and 2 after it are deleted and the

following is inserted instead -

46

1.	On the execution of an arrest warrant of any kind -
(a) for arresting the person 72.50
(b) for conveying the person to a court or a custodial place and releasing the person from arrest

or custody ............................ 72.50

(c) and 30 minutes that an
enforcement officer is required to
keep the person in custody until for each 30 minutes after 2 hours or a custodial place .................19.25

NOTE 1:

The fee under paragraph (a) is payable whether or not the

Sheriff's functions under the warrant are performed and

includes up to 3 attempts to perform the functions at the same

address.

NOTE 2: 

The fee under paragraph (a) includes -

(a)	receipt of the warrant; and
(b)	attendances and inquiries before attempting arrest; and
(c)	giving any notice; and

(d) making any report.

(2) Schedule 2 is amended in each item listed in column 1 of the Table to this subregulation by deleting the figure set out in column 2, and inserting instead the figure set Out in column 3 opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
2	37.50	39.50
3(a)	0.95	1.00

23 June 2006 GOVERNMENT GAZETTE, WA 2187

Column 1 Column Delete 2 Column 3

Item Insert instead

3(b)	1.05	1.10
4	36.50	38.50

7.            Schedule 3 amended

Schedule 3 is amended in each item listed in column 1 of the Table to this regulation by deleting the figure set out in column 2, and inserting instead the figure set out in column 3 opposite that item.

Table

Column 1	Column 2	Column 3
Item	Delete	Insert instead
1(a)	136.00	142.00
1(b)	272.00	284.00
1(c)	544.00	568.00
2	44.00	46.00
4	54.50	57.00
5	22.00	23.00

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.