Supreme Court (Fees) Amendment Regulations 2024 (Vic)

Supreme Court (Fees) Amendment Regulations 2024

S.R. No. 124/2024

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6No fee payable in certain proceedings

7Refund of fees

8Part 4 of Schedule 1—Fees payable in the Office of the Registrar of Probates

9Part 6 of Schedule 1—Fees applicable to all offices of the Court and miscellaneous fees

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Endnotes

STATUTORY RULES 2024

S.R. No. 124/2024

Supreme Court Act 1986

Supreme Court (Fees) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 6 November 2024

Responsible Minister:

JACLYN SYMES
Attorney-General

ANGELA SMITH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Supreme Court (Fees) Regulations 2018—

(a)to alter certain filing fees payable in the Office of the Registrar of Probates; and

(b)to provide for a new entitlement to a refund of certain filing fees paid to the Office of the Registrar of Probates; and

(c)to make other minor and technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 18 November 2024.

4Principal Regulations

In these Regulations, the Supreme Court (Fees) Regulations 2018[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations—

(a)for the definition of Chapter III substitute—

"Chapter III means the Supreme Court (Administration and Probate) Rules 2023;";

(b)for the definition of Chapter V substitute—

"Chapter V means the Supreme Court (Corporations) Rules 2023;";

(c)insert the following definition—

"small estate means an estate to which Part II of the Administration and Probate Act 1958 applies;".

6No fee payable in certain proceedings

In regulation 6(1)(h) of the Principal Regulations, for "201 of the Mental Health Act 2014" substitute "383 of the Mental Health and Wellbeing Act 2022".

7Refund of fees

(1)After regulation 15(8) of the Principal Regulations insert—

"(8A)If a fee in item 4.2 of Schedule 1 has been paid on filing an application for a grant of representation under Order 2 or Order 3 of Chapter III and the application is subsequently discontinued prior to filing of the will or other document for which the grant is sought, the fee is to be refunded.".

(2)In regulation 15(9) of the Principal Regulations, for "(8)" substitute "(8A)".

8Part 4 of Schedule 1—Fees payable in the Office of the Registrar of Probates

(1)For items 4.1 and 4.2 of Schedule 1 to the Principal Regulations substitute—

"4.1	Posting of— (a) a notice of intention to apply for a grant of representation under Chapter III	2·2 fee units	2·2 fee units	2·2 fee units
(b) a notice of intention to apply for the affixing of the seal of the Court to any probate, letters of administration or grant or order under Chapter III	2·2 fee units	2·2 fee units	2·2 fee units
(c) a notice of intention to administer an estate by State Trustees under section 79 of the Administration and Probate Act 1958	2·2 fee units	2·2 fee units	2·2 fee units
(d) a republished or amended notice of intention under paragraph (a), (b) or (c)	3·0 fee units	3·0 fee units	3·0 fee units
4.2	On filing an application for any grant of representation or on filing an originating motion under Chapter III—
(a) if the gross value of the estate is less than $250 000	Nil	Nil	Nil
(b) if the gross value of the estate is $250 000 or more but less than $500 000	31·5 fee units	31·5 fee units	31·5 fee units
(c)  if the gross value of the estate is $500 000 or more but less than $1 million	63·0 fee units	63·0 fee units	63·0 fee units
(d) if the gross value of the estate is $1 million or more but less than $2 million	147·0 fee units	147·0 fee units	147·0 fee units
(e)  if the gross value of the estate is $2 million or more but less than $3 million	294·0 fee units	294·0 fee units	294·0 fee units
(f)  if the gross value of the estate is $3 million or more but less than $5 million	440·0 fee units	440·0 fee units	440·0 fee units
(g)  if the gross value of the estate is $5 million or more but less than $7 million	735·0 fee units	735·0 fee units	735·0 fee units
(h) if the gross value of the estate is $7 million or more	1029·0 fee units	1029·0 fee units	1029·0 fee units
4.2A	On filing an amended originating motion under Chapter III	3·0 fee units	3·0 fee units	3·0 fee units".

(2)For item 4.5 of Schedule 1 to the Principal Regulations substitute—

"4.5 For preparation by the Registrar of Probates or Assistant Registrar of Probates of an application in relation to a small estate



16·5 fee units



16·5 fee units



16·5 fee units".

9Part 6 of Schedule 1—Fees applicable to all offices of the Court and miscellaneous fees

In column 2 of item 6.3 of Schedule 1 to the Principal Regulations—

(a)omit "the Probate Online Advertising System";

(b)after "copies of" insert "notices of intention,";

(c)for "via RedCrest Probate" substitute "posted or made electronically".

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ENDNOTES

[1] Reg. 4: S.R. No. 135/2018 as amended by S.R. No. 53/2020.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2024 is $16.33. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.