Supreme Court (Fees) Amendment Regulations 2014 (Vic)

Supreme Court (Fees) Amendment Regulations 2014

S.R. No. 123/2014

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6When fees are payable

7Payment of hearing fees

8New regulation 8A inserted

8APayment of setting down and entry to list fees

9Fees

10New Part 1A inserted into Schedule

PART 1A—FEES PAYABLE IN THE COMMERCIAL COURT

11Fees payable in the Office of the Registrar of Probates

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 123/2014

Supreme Court Act 1986

Supreme Court (Fees) Amendment Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 16 September 2014

Responsible Minister:

ROBERT CLARK
Attorney-General

CHIARA EDWARDS

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Supreme Court (Fees) Regulations 2012 to provide for a new fee structure for the Court of Appeal and the Commercial Court.

2Authorising provision

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

3Commencement

These Regulations come into operation on 22 September 2014.

4Principal Regulations

In these Regulations, the Supreme Court (Fees) Regulations 2012[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5 of the Principal Regulations—

(a)in the definition of Chapter III for "2004" substitute "2014";

(b)in the definition of Chapter V for "2003" substitute "2013";

(c)the definition of Commercial List is revoked;

(d)for the definition of hearing fee substitute—

"hearing fee means the fee payable for a hearing under item 1.15, 1.16A, 1A.11, 1A.12 or 1A.13 of the Schedule;".

(2)In regulation 5 of the Principal Regulations insert the following definitions—

"commencement of an appeal includes an application for leave to appeal;

entry to list fee means the fee payable for entry of a matter into a list under item 1.11 or 1A.8 of the Schedule;

excluded proceeding means—

(a)a proceeding under Chapter V where, in accordance with that Chapter, application is made to an Associate Judge or a judicial registrar in the first instance; or

(b)a proceeding in the Arbitration List;

Judge managed list of the Commercial Court means the following—

(a)the Admiralty List;

(b)the Arbitration List;

(c)the Commercial List;

(d)the Corporations List;

(e)the Intellectual Property List;

(f)the Taxation List;

(g)the Technology, Engineering and Construction List (TEC List);

(h)any other list in the Commercial Court managed by a Judge of the Court;

setting down fee means the fee payable for setting a matter down for hearing under item 1.11, 1.12 and 1A.10 of the Schedule.".

6When fees are payable

In regulation 7 of the Principal Regulations after "hearing fee" insert ", a setting down fee or an entry to list fee".

7Payment of hearing fees

In regulation 8(3) of the Principal Regulations after "Court" insert "or, if no notice is issued, by the day of hearing".

8New regulation 8A inserted

After regulation 8 of the Principal Regulations insert—

"8A   Payment of setting down and entry to list fees

(1)Subject to any order of the Court, a setting down fee or an entry to list fee in relation to any proceeding is payable by the plaintiff or other party seeking the hearing or the entry of a matter to a list.

(2)A setting down fee must be paid—

(a)on the filing of the notice of trial; or

(b)if no notice of trial is required, within 28 days of the order setting the matter down for trial.

(3)An entry to list fee must be paid at the time the matter is entered into the relevant list.".

9Fees

(1)In the heading to Part 1 of the Schedule to the Principal Regulations after "OFFICE" insert "AND COURT OF APPEAL REGISTRY OTHER THAN FEES IN THE COMMERCIAL COURT".

(2)After the heading to Part 1 of the Schedule to the Principal Regulations insert—

"The fees in this Part apply in relation to all proceedings in the Court except—

(a)any proceeding in the Commercial Court under Part 1A; and

(b)fees payable in the office of the Registrar of Probates under Part 2.".

(3)In the Schedule to the Principal Regulations—

(a)in item 1.1 omit "Chapter IV, Chapter V,";

(b)in item 1.8 for "including" substitute "other than in";

(c)after item 1.8 insert—

"1.8A Commencement of an interlocutory application within a proceeding in the Court of Appeal


60 fee units".

(4)For items 1.11 and 1.12 of the Schedule to the Principal Regulations substitute—

"1.11	Setting down or otherwise entering a proceeding (other than an appeal to the Court of Appeal) into a list	88·5 fee units
Note The setting down fee includes the fee for the first day of hearing
1.12	Setting down an appeal to the Court of Appeal	154 fee units
Note The setting down fee includes the fee for the first day of hearing".

(5)In item 1.13 of the Schedule to the Principal Regulations—

(a)in paragraph (b) for "II; or" substitute "II";

(b)paragraph (c) is revoked.

(6)In item 1.14 of the Schedule to the Principal Regulations for "or the Personal Injuries List." substitute ", the Personal Injuries List, the Major Torts List, the Professional Liability List or the Probate List".

(7)In item 1.15 of the Schedule to the Principal Regulations omit "hearing an appeal by the Court of Appeal or for".

(8)After item 1.16 of the Schedule to the Principal Regulations insert—

"1.16A	For hearing an appeal by the Court of Appeal—
for day 2 and subsequent days—per day or part of a day	102 fee units".

10New Part 1A inserted into Schedule

After Part 1 of the Schedule to the Principal Regulations insert—

"PART 1A—FEES PAYABLE IN THE COMMERCIAL COURT

The fees in this Part apply to any proceeding in the Commercial Court.

COMMENCEMENT OF PROCEEDINGS
1A.1	Commencement of any proceeding (other than an appeal) under Chapter I, Chapter II, Chapter V, Chapter VII or Chapter VIII	74·9 fee units
1A.2	Commencement of—
(a)     a counterclaim under Order 10 of Chapter I; or
(b)     a third party proceeding; or
(c)     a claim by a third or subsequent party under Order 11 of Chapter I	74·9 fee units
1A.3	Commencement of an appeal to a single Judge of the Court	30 fee units
INTERLOCUTORY APPLICATIONS
1A.4	Commencement of an interlocutory application within a proceeding other than a proceeding in a Judge managed list of the Commercial Court	27·3 fee units

1A.5	Commencement of an interlocutory application within a proceeding in a Judge managed list of the Commercial Court other than an excluded proceeding	60 fee units
1A.6	Commencement of an interlocutory application within an excluded proceeding in a Judge managed list of the Commercial Court	27·3 fee units
JUDGMENTS IN DEFAULT
1A.7	Filing judgment in default of appearance or defence	27·3 fee units
ENTRY INTO LIST
1A.8	Entering a proceeding, other than an excluded proceeding, into a Judge managed list of the Commercial Court (including a summons for directions)	217·9 fee units
1A.9	No fee is payable for entering a proceeding under Part 2 of Order 7 of Chapter II into the Taxation List
SETTING DOWN FOR TRIAL
1A.10	For setting down a proceeding for trial	88·5 fee units
Note The setting down fee includes the fee for the first day of hearing

HEARING FEES
1A.11	For hearing a trial
(a)     for days 2 to 4—per day or part of a day;	50 fee units
(b)     for days 5 to 9—per day or part of a day;	90 fee units
(c)     for day 10 and subsequent days—per day or part of a day;	140 fee units
1A.12	For hearing a public examination under Chapter V—per day or part of a day	50 fee units
1A.13	For hearing by a single Judge of an appeal—per day or part of a day	60 fee units
TAKING ACCOUNTS, ASSESSMENTS, ETC.
1A.14	Attendance before an Associate Judge, a judicial registrar or a Court official for the purpose of investigation, inquiry or assessment, including the taking of accounts, in respect of each day's attendance before the Associate Judge, judicial registrar or Court official—
(a)     for the first hour or part of an hour the Associate Judge, judicial registrar or Court official is occupied;	29·7 fee units
(b)     for each subsequent hour or part of an hour the Associate Judge, judicial registrar or Court official is occupied	14·8 fee units

MEDIATION
1A.15	For every sitting of a Judge, an Associate Judge, a judicial registrar or a Court official at mediation—per half day or part thereof	30 fee units
SEALING DOCUMENTS
1A.16	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 80.16 of Chapter I; or
(e)     any document or certificate for which a separate fee is prescribed by these Regulations or any other Regulations	3·8 fee units

__________________".

11Fees payable in the Office of the Registrar of Probates

In item 2.1(a) of the Schedule to the Principal Regulations for "2A.03 or Rule 4A.03" substitute "2.03 or Rule 4.03".

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ENDNOTES

[1] Reg. 4: S.R. No. 145/2012 as amended by S.R. Nos 1/2013 and 117/2013.