Supreme Court (Fees) Amendment Regulations (No. 2) 2009 (WA)
4 September 2009 GOVERNMENT GAZETTE, WA 3461
PART 1
JUSTICE
JU301*
Supreme Court Act 1935
Supreme Court (Fees) Amendment Regulations
(No. 2) 2009
Made by the Governor in Executive Council.
1. Citation
These regulations are the Supreme Court (Fees) Amendment
Regulations (No. 2) 2009.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2— on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. Regulations amended
(1) In regulation 9(1) delete "item 6." and insert:
item 5.
These regulations amend the Supreme Court (Fees)
Regulations 2002.4. Regulation 4 amended
Delete regulation 4(6).
5. Regulation 5 amended
Delete regulation 5(g).
6. Regulation 9 amended
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(2) In regulation 9(5) delete "item 5" and insert:
item 4
7. Regulation 9A amended
In regulation 9A(1) delete "item 6." and insert:
item 5.
8. Regulation 10 amended
In regulation 10 delete "Division 1 item 7" and insert:
Division 2 item 6
9. Regulation 12 deleted
Delete regulation 12.10. Schedules 1, 2 and 3 replaced
Delete Schedules 1, 2 and 3 and insert:
Schedule 1 - Fees
[r. 4]
Division 1 - General Division fees
Item Matter Fee for Fee for
individual person $ other than an
individual S
1. Onfiling —
(a) cause, matter or other proceeding
in the Court is commenced, otherany originating process by which a referred to in item 2, 3 or 7; or
(b) a notice of appeal (whether in draft
form or not) ...................................... 768.00 1153.00
2. On filing -
(a) a counterclaim 768.00 I 153.00
..................................
(b) a third party notice or a notice
under the Rules O.19r. 8 .................. 768.00 1 153.00
4 September 2009 GOVERNMENT GAZETTE, WA :3163
Item Matter Fee for Fee for
individual person
$ other than
an
individual
S
(c) an application -
(i)
to extend a period of time fixed by law, including an application to extend time before proceedings are
commenced; or
(ii) to limit a period of time within
which proceedings may be
taken; or(iii)for leave to serve a writ or
notice of a writ out of
jurisdiction; or(iv)to swear to the death of a
person; or
(v) for leave to appeal; or
(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 ..................................... 256.00 386.00
(d) any other application for which no fee has been provided in this
Division 256.00
............................................. 386.00
3. Commencing an appeal to which the
Rules 0.60A r. 4 applies ............................ 514.00 771.00 4. Entry for hearing a cause or matter or
notice of an appointment to hear an
originating summons ................................. 768.00 1153.00 5. Allocation of hearing date, for each day
allocated ..................................................... 514.00 1028.00 NOTE: See regulation 9.
6. Daily hearing fee before a Court
constituted by a master or one or more
judges ......................................................... 514.00 I 028.00 NOTES:
(1) No fee is payable if the proceedings are of an interlocutory nature.
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Item Matter Fee for Fee for
individual person $ other than an individual S
(2) The fee is to be paid in respect of any
number of hearing days greater than
the number of hearing days for which a
fee has been paid under item 5.(3) The fee is payable for each additional
day or part of a day that the hearing
proceeds beyond the date or dates
allocated referred to in item 5.(4) 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.(5) The daily fee becomes payable on a
day-to-day basis and is payable before
the daily reconvening of the hearing.
7. (a) On filing an -
(i) interlocutory application or
summons returnable; or(ii) application for assessment of
damages; or(iii) application for summary
judgment,before a judge, master or registrar
in chambers; or(b) On an appointment before a judge,
master or registrar -
(i) on a reference for inquiry and (ii) to pass accounts; or report; or
(iii) to settle the index of a hearing of an appeal; or
(iv) for mediation; or
(v) on a reference to a registrar in
admiralty proceedings ............... 180.50 270.00
NOTES:
(1) If the registrar is assisted by one or
more assessors, the daily fee is payable
for each assessor if the registrar
considers that to be reasonable.(2) The fee payable to an assessor
becomes payable on a day-to-day basis
as the reference proceeds and is
payable in the first instance by the
claimant.
4 September 2009 GOVERNMENT GAZETTE, WA 3465
Item Matter Fee for Fee for
individual person
$ other than an individual
S
(3) The fee includes the first day of the
hearing of the application or summons
and includes any adjournment of the
hearing.(4) The fee is payable in respect of an
application for liberty to apply to relist.8. If the hearing of a matter to which
item 7 applies is listed for more than one
day and proceeds for more than the
number of days listed, the fee prescribed
in item 7 is payable for each additional
day or part of a day of a hearing.
NOTE: day-to-day basis and is payable before the daily reconvening of the hearing.
9. On an appointment to tax a bill of costs in a cause or matter or under the Legal
Profession Act 2008 or the Commercial
Arbitration Act 1985-
(a) lodgment fee ...................................... 180.50 270.00
(b) in addition to the lodgment fee, a
taxing fee at the rate of ...................... 2.5% 2.5%
NOTES:
(1)
The % rate is to be applied to the amount at which the bill is drawn.
(2) The taxing officer must allow against
the person chargeable with the costs as taxed, taxing fees at the rate prescribed in item 9(b) of the amount found due
on taxation.(3)
If the parties agree on the bill of costs in a cause or matter or under the Legal
Profession Act 2008 or the
Commercial Arbitration Act 1985 andthe 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;
(b)
if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment, 50%;
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Item Matter Fee for Fee for
individual person $ other than an
individual
S
(c) if the appointment is cancelled
10 or more days before the day of
the appointment, 80%.
10. For searching any proceeding or record
other than a search made by or on behalf
of a party to the proceeding ...................... 26.00 26.00 NOTE:
But if the search is made by a recognised
service approved by the Attorney General:
$1.00.
(a) On an application for the production of records or documents
that are required to be produced to
any court, tribunal, arbitrator or
umpire ............................................... 38.00 38.00
(b) If an officer is required to attend at any court or place out of the Supreme Court building, the officer's reasonable expenses and,
in addition, for each hour or part of
an hour when the officer is
necessarily absent from his or her
office ................................................. 64.00 64.00
2 (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 of
apage ................................................ 1.50 1.50 (b) For a copy of reasons for
judgment -
(i)
for each copy consisting of not more than 10 pages issued to a person not a party to the
proceedings and for each copy in excess of one copy issued to a party to the proceedings 9.O() 9.00 (ii) for each copy consisting of
10 or more pages an additional
fee per page of .......................... 1.15 1.15
(c) For certifying under seal that a document is a true copy, an
additional fee of ................................ 12.50 12.50
4 September 2009 GOVERNMENT GAZETTE, WA 3467
Item Matter Fee for Fee for
individual person
$ other than
an
i nd iv i d u a I
S
27.00 27(R)
(d) For a certificate under the hand of a
registrar ............................................ (e)
For sealing a warrant of arrest appraisement or sale of property or 51.50 51.50 for the appraisement or sale in
admiralty proceedings ......................
13. (a) For a copy of a transcript, for each
page or part of page ....................... 5.05 5.05 (b) For each copy of a transcript in electronic format if a fee has been paid under par. (a) by the applicant for a copy of the transcript, for
each day of transcript ........................ .2.50 1 12.50 (c) For each copy of a transcript not in electronic format if a fee has been paid under par. (a) by the applicant for a copy of the transcript, for
each page or part of a page ................ 1.50 1.50 14. On filing an application for admission as
a practitioner .............................................. 21 5.50 N/A
Division 2 - Court of Appeal fees
Item Matter Fee for Fee for
individual person
$ other than
an
individual
$
1. On filing an appeal notice .......................... 128.00 256.00 2. On filing -
(a) Appellant's case; or (b)
Respondent's answer ......................... 1 931.00 3862.00 3. On filing an application to transfer an
appeal from the District Court to the
Court of Appeal under of the
Magistrates Court (Civil Proceedings)
Act 2004 s. 41 256.00
........................................... 386.00
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Item Matter Fee for Fee for
individual person $ other than an
individual
S
4.
(a)
On filing an application in an appeal for an interim order or to amend or cancel an interim order; or
(b) On an appointment before -
(i) a judge or registrar to settle
the appeal book index; or
(ii) a registrar for mediation ............ 180.50 270.00 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.(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 ....................................... 643.00 965.00 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 ................................................... 514.00 1028.00 NOTE: excess of the first hearing day estimated for the hearing by the Court of Appeal Registrar.
7.
Daily hearing fee ....................................... 514.00 1028.00 NOTES:
(I) 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.
4 September 2009 GOVERNMENT GAZETTE, WA 3469
Item Matter Fee for Fee for
individual person
$ other than an individual
$
(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 ............................... 26.00 26.00 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 ............................................... 1.50 1.50
(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 ..................... 9.00 9.00 (ii) for each copy consisting of more than 10 pages an
additional fee per page of 1.15 1.15
(c) For certifying under seal that a document is a true copy, an
additional fee of................................. I2) 12.) (d) For a certificate under the hand of a
registrar ............................................. 27.00 27.00
10. (a) For a copy of a transcript, for each
page or part of page ........................ 5.05 5.05 (b) For each copy of a transcript in electronic format if a fee has been paid under par. (a) by the applicant, for a copy of the transcript, for
each day of transcript ........................ 1-1-5o I 12. o
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Item Matter Fee for Fee for
individual person $ other than an individual S
(c) For each copy of a transcript not in electronic format if a fee has been paid under par. (a) by the applicant for a copy of the transcript, for
each page or part of page 1.50 1.50
Schedule 2 - Sheriff's fees
Jr. 4
Item Matter Fee
SOn the execution of an arrest warrant of any kind -
(a) for arresting the person .......................................... 81.50 (b)
for conveying the person to a court or a custodial place and releasing the person from
arrest or custody .................................................... 81.50
(c) for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is
required to keep the person in custody until
he or she is conveyed to a court or a custodial
place...................................................................... 21.50
NOTE I: 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 par. (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.
For the service of any writ, application, summons, originating process, notice or order of the Court or any other process requiring service ...............................
44.50
NOTE: and covers up to 3 attempts at service at the same address.
3. If it is necessary to travel to execute a 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 and4 September 2009 GOVERNMENT GAZETTE, WA 3471
Item Matter Fee S inspections, from the sheriff's office or nearest
bailiff's office -
(a) for each kilometre travelled (one way) in the
metropolitan area ................................................... 1.15 (b) for each kilometre travelled (one way) outside
the metropolitan area ............................................. 1.25 NOTE: served by the sheriff or 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
partof an hour ............................................................... 43.00
5. (a) For striking ajury and preparing jury panel 138.50 (b) For attendance of sheriff's officer at hearing
(per day or part of a day) ....................................... The sum actually
and
reasonably
paidSchedule 3— Probate fees
Fr. 41
Item Matter Fee S NOTE: administration with or without the will, or an order to administer.
On filing an application for an original grant or, for a second subsequent grant in relation to the same
deceased, or to reseal a foreign grant ............................ 189.50 NOTES:
This fee covers -(a) all documents filed in support of the application; and (b) preparation of the necessary photographic copies of documents including will (if any) required for the grant and Court files; and (c) the issue of the grant. 2. For depositing a will of a deceased person in the
Registry (including renunciation of executor) 51.50 3. For depositing a will or instrument under the Wills
Act 1970 s. 44(1) ........................................................... 51.50
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Item Matter Fee $
4.
(a)
For the supply of copies of a will or other document, including marking as an office copy if required — for each page
1 50
(b)
For certifying under seal that a copy of a document is a true copy — an additional fee of
12.50
5.
(a)
For an exemplification of a grant (in addition to the fee payable under item 4(a));
(b) For settling and sealing a citation or a subpoena 64.00
6.
For a search for and inspection of a document or file of documents
26.00
By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
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