Supreme Court (Fees) Amendment Regulations (No. 2) 2005 (WA)
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Supreme Court Act 1935
Supreme Court (Fees) Amendment Regulations
(No. 2) 2005
Made by the Governor in Executive Council.
1. Citation
These regulations are the Supreme Court (Fees) Amendment
Regulations (No. 2) 2005.2. Commencement
These regulations come into operation on 1 July 2005.
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 June 2005 see Western Australian
Legislation Information Tables for 2004, Table 4, p. 394, and
Gazette 28 April 2005.]
4. Regulation 5 amended
Regulation 5(a) is amended by deleting “Part VIII of the
Justices Act 1902;” and inserting instead —“ the Criminal Appeals Act 2004; ”.
5. Regulation 9 amended
Regulation 9 is amended by inserting after “Schedule 1” in each
place where it occurs —“ Division 1 ”.
6. Regulation 9A inserted
After regulation 9 the following regulation is inserted —
“
9A. Court of Appeal allocation of hearing date —
Schedule 1 Division 2 item 6(1) In this regulation — “fee” means the fee referred to in Schedule 1 Division 2 item 6.
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(2) The fee is not payable in relation to an application for
an interim order or to amend or cancel an interim order.(3) The number of days for which the fee is payable is —
(a)
the number of days in excess of the first hearing day estimated for the hearing by the Court of Appeal Registrar; or
(b)
if at a directions hearing a greater number of days than those estimated by the Registrar is allocated for the hearing, the number of days in
excess of the first hearing day allocated at a
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
for which the fee is payable under subregulation (3),
must be paid within 7 days —
(a)
of the Supreme Court (Court of Appeal) Rules 2005 Form 15 being sent to the parties; or
(b)
if a greater number of days is allocated at a directions hearing, of the allocation of those days.
(6) The fee paid is not refundable except as provided in
subregulations (7), (8) and (9).(7)
If the appeal is settled and the Court of Appeal Office 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%.
(8)
If the hearing of the appeal 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 Court of Appeal Registrar is satisfied that the reason for the adjournment is beyond the control of the parties, 100%; (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%.
(9)
If the hearing is adjourned after it has commenced and the Court or Court of Appeal Registrar is satisfied that the reason for the adjournment is beyond the control of the parties, the fee paid in respect of dates after the date
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of the adjournment is to be refunded or transferred to the date or dates allocated for the adjourned hearing.
”.
7. Regulation 10 amended
Regulation 10 is amended by deleting “item 7” and inserting
instead —“ Division 1 item 7 or Division 2 item 7 ”.
8. Schedule 1 amended
(1) The heading to Schedule 1 and the shoulder clause is deleted
and the following is inserted instead —“
Schedule 1 — Fees
[r. 4]
Division 1 — General Division Fees
”.
(2) Schedule 1 item 1 is deleted and the following item is inserted
instead —“ 1. On filing —
(a) any originating process by
which a cause, matter or other
proceeding in the Court is
commenced, other than
proceedings of the kind
referred to in item 2, 3, or 8; or(b) a notice of appeal (whether in
draft form or not) ……………. 654.00 981.00
”.
(3) Schedule 1 item 2 is deleted and the following item is inserted
instead —“
2. On filing —
(a) a counterclaim ……………… 654.00 981.00
(b) a third party notice or a notice
under Order 19 rule 8 of the Rules of the Supreme Court 1971 …………………………
654.00
981.00
(c) an application —
(i) time fixed by law,
including an application
to extend time beforeto extend a period of commenced;
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(ii) within which
to limit a period of time taken;
(iii) for leave to serve a writ or notice of a writ out of jurisdiction;
(iv) to swear to the death of a person;
(v) for leave to appeal;
(vi) for inclusion in the
Expedited list of the
Court; or(vii) in a pending cause or
matter in Admiralty
whether by summons or
motion, other than an
application by the
Marshal ………………. 218.00 327.00
(d)
any other application for which no fee has been provided in
this Division …………. 218.00 327.00
”.
(4) Schedule 1 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 No.
Delete
Insert instead
3 420.00 436.00 3 630.00 654.00 4 84.00 65.00 4 126.00 87.00 5 420 654.00 5 630 981.00 6 420 436.00 6 840 872.00 7 420.00 436.00 7 840.00 872.00 8 147.00 153.00 8 221.00 229.00 10 147.00 153.00 10 221.00 229.00 11 21.00 (in both places) 22.00 12(a) 32.00 (in both places) 33.00
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Column 1 Column 2 Column 3 Item No.
Delete
Insert instead
12(b) 53.00 (in both places) 55.00 13(b)(i) 7.50 (in both places) 8.00 13(c) 10.50 (in both places) 11.00 13(d) 42.00 (in both places) 44.00 13(e) 42.00 (in both places) 44.00 13A(b) 10.00 (in both places) 10.50 14(b) 210.00 218.00
”.
(5) After Schedule 1 item 14 the following Division is inserted in
Schedule 1 —“
Division 2 — Court of Appeal fees
[r. 4]
Item Matter Fee for Fee for
individual person $ other than an individual
$
1. On filing an appeal notice ……………… 109.00 218.00 2. On filing —
(a) Appellant’s case; or (b)
Respondent’s answer ……………… 1 635.00 3 270.00 3. On filing an application to transfer an
appeal from the District Court to the Court
of Appeal under section 41 of the
Magistrates Court (Civil Proceedings)
Act 2004 ………………….……………… On filing an application in an appeal for an interim order or to amend or cancel an interim order; or 218.00 327.00 4. (a)
(b) On an appointment before — (i) a Judge or Registrar to settle the appeal book index; or
(ii)
a Registrar for mediation ……... 153.00 229.00
NOTES:
(1) The fee includes the first day of the
hearing of the matter and any
adjournment of the matter.(2)
If the hearing of a matter is listed for more than one day and proceeds for more than the number of days listed, the fee prescribed by this item is
payable for each additional day or
part of a day of a hearing.
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Item Matter Fee for Fee for
individual person $ other than an individual
$
(3)
A fee payable in the circumstances referred to in Note 2 is payable on a day to day basis before the daily
reconvening of the hearing.
5. Setting down fee ………………………… 545.00 818.00 NOTES:
(1) This fee is payable when the appeal
book is filed.(2) This fee includes the fee for the first
day of hearing.6. Allocation of hearing date, for each day
estimated ………………………………… 436.00 872.00 NOTE:
This fee is payable on the number of days
in excess of the first hearing day estimated
for the hearing by the Court of Appeal
Registrar.7.
Daily hearing fee ………………………… 436.00 872.00 NOTES:
(1) This fee is not payable in relation to an
application for, or to amend or cancel
an interim order.
(2) This fee is payable for each additional day or part day that a hearing proceeds beyond the number of days for which
a fee has been paid.
(3) If the Court allocates a half day or less
for the continuation of the hearing, a
fee equal to half the prescribed amount
is payable for that period.
(4) The daily hearing fee is payable on a day to day basis and is payable before the daily reconvening of the hearing.
8. For searching any proceeding or record
other than a search made by or on behalf of
a party to an appeal ……………………….. 22.00 22.00 NOTE:
But if the search is made by a recognised
service approved by Attorney General:
$1.00.9.
(a) For a copy of a document of any kind or an exhibit, including marking as an
office copy if required, for each page
or part thereof ………………………. 3.00 3.00
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Item Matter Fee for Fee for
individual person $ other than an individual
$
(b)
For a copy of reasons for judgment —
(i)
for each copy consisting of 10 pages or less issued to a person not a party to the appeal and for each copy in excess of one copy issued to a party to the
appeal …………………………. 8.00 8.00 (ii) for each copy consisting of more
than 10 pages an additional fee
per page of…………………….. 1.00 1.00
(c) For certifying under seal that a document is a true copy, an additional
fee of ……………………………….. 11.00 11.00 (d) For a certificate under the hand of a
Registrar ……………………………. 44.00 44.00
10. (a) For a copy of a transcript, for each
page or part of a page ………………. 4.50 4.50 (b) For each copy of a transcript in electronic format if a fee has been paid under paragraph (a) by the applicant, for a copy of the transcript,
for each day of transcript …………… 10.50 10.50 (c)
For each copy of a transcript not in electronic format if a fee has been paid under paragraph (a) by the
applicant for a copy of the transcript,
for each page or part of a page ……… 1.50 1.50
”.
9. Schedule 2 amended
(1) The heading to Schedule 2 is amended by deleting “Fees to be
taken by the sheriff ” and inserting instead —“ Sheriff’s Fees ”. (2) Schedule 2 item 4 is amended by deleting “35.00” and inserting
instead —“ 36.50 ”. (3) Schedule 2 item 5(a) is amended by deleting “118.00” and
inserting instead —“ 123.00 ”.
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10. Schedule 3 amended
(1) The heading to Schedule 3 is amended by deleting “Fees to be
taken in the Probate Office” and inserting instead —“ Probate Fees ”. (2) Schedule 3 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 No. Delete Insert instead 1(a) 131.00 136.00 1(b) 262.00 272.00 1(c) 524.00 544.00 2 42.00 44.00 3(b) 10.50 11.00 4(b) 52.50 54.50 5 21.00 22.00 11. Schedule 4 amended
(1) Schedule 4 Form 1 is amended as follows:
(a) by deleting “Plaintiff:” and inserting instead — “
Plaintiff/Appellant*:
(*strike out word that is not applicable)
”;
(b) by deleting “Defendant:” and inserting instead — “
Defendant/Respondent*:
(*strike out word that is not applicable)
”.
(2) Schedule 4 Form 2 is amended as follows:
(a) by deleting “Plaintiff:” and inserting instead — “
Plaintiff/Appellant*:
(*strike out word that is not applicable)
”;
(b) by deleting “Defendant:” and inserting instead — “
Defendant/Respondent*:
(*strike out word that is not applicable)
”.
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(3) Schedule 4 Form 3 is amended as follows:
(a) by deleting “Plaintiff:” and inserting instead — “
Plaintiff/Appellant*:
(*strike out word that is not applicable)
”;
(b) by deleting “Defendant:” and inserting instead — “
Defendant/Respondent*:
(*strike out word that is not applicable)
”.
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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