Supreme Court (Fees) Regulations 2002 (WA)
Western Australia
Supreme Court Act 1935
Western Australia
Supreme Court Act 1935
These regulations may be cited as the
These regulations come into operation on 1 January 2002.
In these regulations unless the contrary intention appears —
[(a) deleted] (b) a business undertaking that is wholly owned and operated by an individual or individuals in partnership and has less than 20 full‑time equivalent employees or partners; or
(c) a corporation that has less than 20 full-time equivalent employees and that is not a subsidiary of a corporation that has 20 or more full-time equivalent employees; or
(d) a co‑operative as defined in the
Co‑operatives Act 2009 that has less than 20 full‑time equivalent employees and that is not a subsidiary of another co‑operative or corporation that has 20 or more full‑time equivalent employees; or
(e) a corporation within the meaning of the
Statutory Corporations (Liability of Directors) Act 1996 that has less than 20 full-time equivalent employees and that is not a body that would be a subsidiary, if the corporation were a corporation to which theCorporations Act 2001 of the Commonwealth applies, of a corporation within the meaning of theCorporations Act 2001 of the Commonwealth or theStatutory Corporations (Liability of Directors) Act 1996 that has 20 or more full-time equivalent employees;
(1) Subject to the provisions of these regulations, the fees specified in Schedules 1, 2, and 3 are to be charged in respect of the matters referred to in section 171(1) of the Act in relation to which they are specified.
(2) In relation to a matter specified in an item in Schedule 1 —
(a) the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or
(b) the fee payable by an eligible individual is the eligible individual fee for that item; or
(c) the fee payable by an entity that is not an eligible entity is the fee shown in column B for that item; or
(d) the fee payable by an eligible entity is the eligible entity fee for that item.
(3) Except as provided in Schedule 1 or 3, a fee must not be charged in respect of any of the following —
(a) filing an affidavit;
(b) filing a pleading;
(c) search by a party;
(d) sealing a copy of a document;
(e) drawing up, settling or signing a judgment, order, or decree;
(f) amending a pleading;
(g) making a request under the Rules;
(h) filing, depositing, giving, issuing, or serving any other document required or permitted by the Rules to be filed, deposited, given, issued, or served in connection with proceedings in the Court.
(4) A note to an item in Schedule 1, 2, or 3 has effect according to its tenor as if it were a provision of these regulations.
(5) No fee is to be charged in respect of any attendance in chambers if the attendance is required by an order of the Court made on its own motion.
(1) An entity that is a small business or a non‑profit association may lodge a declaration in the form of Schedule 4 Form 1.
(2) On the lodgment of a declaration the entity is to be charged fees as if it were an eligible entity.
(3) Subregulation (2) does not apply to fees payable by joint parties unless each party is a small business or non‑profit association.
(4) An entity that has lodged a declaration under subregulation (1) must immediately advise the Principal Registrar if the entity ceases to be a small business or non‑profit association as the case requires.
Penalty for this subregulation: a fine of $1 000.
(5) If an entity is charged a fee under subregulation (2) when the entity was not a small business or a non‑profit association, the Court may —
(a) order that the entity pay the difference between the amount of the fee the entity paid and the amount of the fee that would otherwise be payable by the entity; and
(b) make orders to enforce the order for the payment.
(6) An order under subregulation (5)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done in respect of the matter until the sum ordered to be paid has been paid.
(1) In this regulation —
(a) entered into between Australia and another country; or
(b) entered into between the United Kingdom and another country that is extended by way of notification to Australia;
(a) the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters;
(b) a bilateral convention that provides for evidence to be obtained in Australia on a request issued by a court or tribunal in a country that is a party to the convention.
(2) The provisions of these regulations apply to all proceedings in the Supreme Court in any jurisdiction inherent in or conferred on the Court or a judge other than —
(a) criminal proceedings, or appeals under the
Criminal Appeals Act 2004 ; or(b) proceedings under the
Bankruptcy Act 1966 of the Commonwealth; or(c) proceedings under the
Surveillance Devices Act 1998 ; or(d) proceedings under the
Witness Protection (Western Australia) Act 1996 ; or(e) proceedings in the Court of Disputed Returns; or
(f) applications for appointment as public notaries; or
(g) an application under the
Prohibited Behaviour Orders Act 2010 for a prohibited behaviour order or to vary or cancel a prohibited behaviour order; or(h) proceedings under the
Civil Judgments Enforcement Act 2004 ; or(i) an application under the
Terrorism (Extraordinary Powers) Act 2005 ; or(j) proceedings under the
Terrorism (Preventative Detention) Act 2006 ; or(k) civil proceedings under the
Criminal Law (Mental Impairment) Act 2023 .
(3) A person is not required to pay a fee in respect of a matter if —
(a) a written law provides that the person is not required to pay a fee in respect of a matter of that type; or
(b) the matter is an application under the
Evidence Act 1906 section 116 in respect of a request issued by or on behalf of a court or tribunal exercising jurisdiction in a country that is a party to an evidence convention if the evidence convention provides that the request is to be executed without a fee being charged; or(c) the person has not reached 18 years of age on the day the fee would otherwise be payable.
(1) An application for a determination under section 171(3) of the Act is to be in the form of Schedule 4 Form 3.
(2) Despite the provisions of these regulations, a fee is not to be charged in respect of an application referred to in subregulation (1).
(1) Subject to the provisions of these regulations —
(a) a pleading, application, or other document must not be filed, issued, or otherwise dealt with; and
(b) no other matter or thing is to be done in the Court or by an officer of the Court,
unless the fee (if any) payable upon or in respect of filing, sealing, issuing, or otherwise dealing with that pleading, application, or other document or upon or in respect of the doing of that matter or thing, has been paid.
(2) The Court or a registrar may direct that the payment of the whole or a part or a fee or fees in respect of a claim for personal injuries be deferred —
(a) to a time specified by the Court or registrar; and
(b) on any conditions specified by the Court or registrar.
(1) In this regulation —
(2) An eligible individual is —
(a) an individual who holds one or more of the following cards issued by Centrelink —
(i) a health care card;
(ii) a health benefit card;
(iii) a pensioner concession card;
(iv) a Commonwealth seniors health card;
or
(b) an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies entitlement to Commonwealth health concessions; or
(c) an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the
Social Security Act 1991 (Commonwealth) section 23(1); or(d) an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
(e) an individual who has been granted legal aid under the
Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or(f) an individual who the Court or a registrar has directed is an eligible individual under regulation 8A(1).
(3) An eligible entity is —
(a) an entity that has been granted legal aid under the
Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or(b) an entity that the Court or a registrar has directed is an eligible entity under regulation 8A(2).
(1) A person may apply for —
(a) a direction under regulation 8A(1) that, in respect of a matter specified in Schedule 1, the person is an eligible individual described in regulation 7(2)(f); or
(b) a direction under regulation 8A(2) that, in respect of a matter specified in Schedule 1, the person is an eligible entity described in regulation 7(3)(b).
(2) An application is to be in the form of Schedule 4 Form 2 and is to specify —
(a) for an individual — the matter in respect of which the individual is seeking to pay the eligible individual fee; or
(b) for an entity — the matter in respect of which the entity is seeking to pay the eligible entity fee.
(3) Despite anything else in these regulations, a fee is not to be charged in respect of an application under subregulation (1).
(1) On an application under regulation 8(1)(a) the Court or a registrar may direct that a person is an eligible individual described in regulation 7(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons —
(a) financial hardship;
(b) the interests of justice.
(2) On an application under regulation 8(1)(b) the Court or a registrar may direct that a person is an eligible entity described in regulation 7(3)(b) if satisfied that the person should be required to pay only an eligible entity fee in respect of the matter for either, or both, of the following reasons —
(a) financial hardship;
(b) the interests of justice.
(3) A judge or a registrar may, before an application is determined, direct the applicant to provide to the judge, the registrar or the Court further information relating to the application.
(4) A direction to provide further information —
(a) may be made in writing or orally; and
(b) may require that the information is provided either in writing or orally.
(1) A person who makes a statement or representation in a declaration or application made under these regulations, or provides further information in relation to a declaration or application, that the person knows or has reason to believe is false or misleading in a material particular commits an offence.
Penalty for this subregulation: a fine of $1 000.
(2) The Court or a registrar may make an order that the declaration lodged by a person under regulation 4A(1) is invalid if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).
(3) The Court or a registrar may revoke a direction made under regulation 8A(1) or (2) if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).
(4) If a declaration is declared invalid under subregulation (2) or a direction is revoked under subregulation (3), the Court may —
(a) order that the person in respect of whom the declaration or direction was made pay the difference between the fee the person paid and the fee that would otherwise by payable by the person; and
(b) make an order to enforce the order for the payment.
(5) An order under subregulation (4)(b) may include orders relating to the future conduct of the proceedings to which the fees relate or the effect of anything that has been done in respect of the proceedings until the sum ordered to be paid has been paid.
(1) A judicial officer or legally qualified registrar presiding in a proceeding may order the refund of the difference between the amount of a fee paid by a person in respect of the proceeding and the amount of the fee that the person was entitled to be charged under these regulations in respect of the proceedings.
(2) The Principal Registrar may refund to a person the amount of a fee, or part of a fee, paid by the person if the amount was paid in error.
The Court or a registrar may waive a fee referred to in a provision listed in the Table if the Court or registrar is satisfied that the waiving of the fee would assist in the efficient operation of the Court.
1. | Schedule 1 Division 1 item 13(a) |
2. | Schedule 1 Division 1 item 14 |
3. | Schedule 1 Division 2 item 9(a) |
4. | Schedule 1 Division 2 item 10 |
(1) In this regulation —
(2) The fee is not payable in relation to interlocutory proceedings.
(3) If a fee is payable for each day allocated, the number of days for which the fee is payable is —
(a) the number of days estimated for the hearing in the entry for trial and notice of trial referred to in the Rules Order 33 rule 4; or
(b) if at a directions hearing a greater number of days is allocated for the hearing, the number of days allocated for the hearing at the 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 following fee must be paid when the entry fee is paid —
(a) for an eligible individual — the eligible individual fee;
(b) otherwise — a fee calculated on the basis of the number of days estimated for the hearing in the entry for trial and notice of trial referred to in the Rules Order 33 rule 4.
(6) The fee for any additional days allocated for a hearing at a directions hearing is to be paid within the period of 7 days starting on the day after the directions hearing.
(7) The fee paid is not refundable except as provided in subregulations (8), (9) and (10).
(8) If the cause or matter is settled and the Court 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%.
(9) If the hearing 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 registrar is satisfied 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%.
(10) If the hearing is adjourned after it has commenced and the Court or registrar is satisfied the reason for the adjournment is beyond the control of the parties, the fee paid in respect of dates after the date of the adjournment is to be refunded or transferred to the date or dates allocated for the adjourned hearing.
(1) In this regulation —
(2) The fee is not payable in relation to an application for an interim order or to amend or cancel an interim order.
(3) If a fee is payable for each day allocated, 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 following fees must be paid within 7 days of the
Supreme Court (Court of Appeal) Rules 2005 Form 15 being sent to the parties —(a) if the fee is an eligible individual fee — the eligible individual fee;
(b) otherwise — a fee calculated on the basis of the number of days estimated under subregulation (3)(a).
(6A) The fee for any additional days allocated for a hearing at a directions hearing is to be paid within 7 days of the directions hearing.
(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 of the adjournment is to be refunded or transferred to the date or dates allocated for the adjourned hearing.
If a fee is to be paid under Schedule 1 Division 1 item 6 or Division 2 item 7, the hearing is not to be reconvened until that fee or so much of it as has not been reduced under these regulations has been paid.
Any unpaid fee is a debt due to the State and may be recovered by action in a court of competent jurisdiction.
[r. 4]
1. | On filing — (a) an 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 7 | 1 960.00 | 3 820.00 | 100.00 |
(b) a notice of appeal (whether in draft form or not) | 1 960.00 | 3 820.00 | 100.00 | |
2. | On filing — (a) a counterclaim | 1 960.00 | 3 820.00 | 100.00 |
(b) a third party notice or a notice under the Rules O. 19 r. 8 | 1 960.00 | 3 820.00 | 100.00 | |
(c) an application — (i) to extend a period of time fixed by law, including an application to extend time before proceedings are commenced | 653.00 | 1 280.00 | 100.00 | |
(ii) to limit a period of time within which proceedings may be taken | 653.00 | 1 280.00 | 100.00 | |
(iii) for leave to serve a writ or notice of a writ out of jurisdiction | 653.00 | 1 280.00 | 100.00 | |
(iv) to swear to the death of a person | 653.00 | 1 280.00 | 100.00 | |
(v) for leave to appeal | 653.00 | 1 280.00 | 100.00 | |
(vi) for leave to issue a subpoena under the | 653.00 | 1 280.00 | 100.00 | |
(vii) in a pending cause or matter in admiralty whether by summons or motion, other than an application by the Marshal | 653.00 | 1 280.00 | 100.00 | |
(d) another application for which no fee has been provided in this Division | 653.00 | 1 280.00 | 100.00 | |
Note for this item: The fee in paragraph (c)(vi) is payable only once on the first application in an arbitration. | ||||
3. | Commencing an appeal to which the Rules O. 60A r. 4 applies | 1 307.00 | 2 557.00 | 100.00 |
4. | Entry for hearing a cause or matter or notice of an appointment to hear an originating summons | 1 960.00 | 3 820.00 | 100.00 |
5. | Allocation of hearing date | 1 312.00 for each day allocated | 3 408.00 for each day allocated | 100.00 |
Note for this item: See regulation 9. | ||||
6. | Daily hearing fee before a Court constituted by a master or 1 or more judges | 1 312.00 | 3 408.00 | No fee |
Notes for this item: 1. No fee is payable if the proceedings are of an interlocutory nature. | ||||
2. The fee is to be paid in respect of the number of hearing days (or part days) greater than the number of hearing days for which a fee has been paid under item 5. | ||||
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 fee becomes payable on a day‑to‑day basis and is payable before the daily reconvening of the hearing. | ||||
7. | (a) On filing before a judge, master or registrar in chambers — | |||
(i) an interlocutory application or summons returnable | 461.00 | 895.00 | 100.00 | |
(ii) an application for assessment of damages | 461.00 | 895.00 | 100.00 | |
(iii) an application for summary judgment | 461.00 | 895.00 | 100.00 | |
(b) On an appointment before a judge, master or registrar — | ||||
(i) on a reference for inquiry and report | 461.00 | 895.00 | 100.00 | |
(ii) to pass accounts | 461.00 | 895.00 | 100.00 | |
(iii) to settle the index of a transcript for use upon the hearing of an appeal | 461.00 | 895.00 | 100.00 | |
(iv) on a reference to a registrar in admiralty proceedings | 461.00 | 895.00 | 100.00 | |
(c) On an appointment before a judge, master or registrar for mediation | 461.00 | 895.00 | No fee | |
Notes for this item: 1. If the registrar is assisted by 1 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. | ||||
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 1 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 for this item: The daily fee becomes payable on a day‑to‑day basis and is payable before the daily reconvening of the hearing. | ||||
9. | On filing a bill of costs for taxation in a cause or matter or under the | |||
(a) lodgment fee | 638.00 | 1 234.00 | 100.00 | |
(b) on the setting of an appointment to tax a bill of costs — an additional fee at the rate of | 2.5% | 2.5% | ||
Notes for this item: 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 paragraph (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 (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%; (c) if the appointment is cancelled 10 days or more before the day of the appointment — 80%. | ||||
10. | On filing an application under the | 638.00 | 1 234.00 | 100.00 |
11. | For searching a proceeding or record (other than a search made by or on behalf of a party to the proceeding) — | |||
(a) if the search is made by a recognised service approved by the Attorney General | 2.95 | 2.95 | 2.95 | |
(b) otherwise | 66.50 | 66.50 | 19.95 | |
12. | (a) On an application to produce records or documents that are required to be produced to a court, tribunal, arbitrator or umpire | 97.00 | 97.00 | 29.10 |
(b) If an officer is required to attend at a court or place out of the Supreme Court building | The officer’s reasonable expenses plus 130.50 for each hour the officer is necessarily absent from the officer’s office | The officer’s reasonable expenses plus 130.50 for each hour the officer is necessarily absent from the officer’s office | The officer’s reasonable expenses plus 39.10 for each hour the officer is necessarily absent from the officer’s office | |
13. | (a) For a copy of a document or an exhibit, including marking as an office copy if required, for each page or part of a page | 2.75 | 2.75 | 0.85 |
(b) For a copy of reasons for judgment — (i) for each copy issued to a person who is not a party to the proceedings | 23.00 | 23.00 | 6.90 | |
(ii) for each copy in excess of 1 copy issued to a party to the proceedings | 23.00 | 23.00 | 6.90 | |
(iii) for each copy consisting of 10 or more pages an additional fee per page | 2.95 | 2.95 | 0.90 | |
(c) For certifying under seal that a document is a true copy — an additional fee | 30.30 | 30.30 | 9.10 | |
(d) For a certificate under the hand of a registrar | 45.60 | 45.60 | 13.70 | |
(e) For sealing a warrant of arrest release, commission for the appraisement or sale of property or for the appraisement or sale in admiralty proceedings | 130.00 | 130.00 | 39.00 | |
14. | (a) For providing a transcript, or part of a transcript — | |||
(i) provided within 1 day after the day on which the fee is paid | 30.50 plus 12.60 per page | 30.50 plus 25.20 per page | 9.15 plus 3.80 per page | |
(ii) provided within 2 days after the day on which the fee is paid | 30.50 plus 11.55 per page | 30.50 plus 23.00 per page | 9.15 plus 3.45 per page | |
(iii) provided within 4 days after the day on which the fee is paid | 30.50 plus 10.90 per page | 30.50 plus 22.00 per page | 9.15 plus 3.25 per page | |
(iv) provided within 7 days after the day on which the fee is paid | 30.50 plus 10.55 per page | 30.50 plus 21.00 per page | 9.15 plus 3.15 per page | |
(v) provided within 14 days after the day on which the fee is paid | 30.50 plus 8.90 per page | 30.50 plus 17.85 per page | 9.15 plus 2.65 per page | |
(vi) provided on a running basis (i.e. periodically throughout or following the day of the proceedings) | 30.50 plus 13.35 per page | 30.50 plus 26.70 per page | 9.15 plus 4.00 per page | |
(b) For providing a copy of a transcript, or part of a transcript, if the transcript or part has been provided to the person requesting the copy — | ||||
(i) electronic format | 31.90 per copy | 31.90 per copy | 9.55 per copy | |
(ii) paper copy | 3.20 per page | 3.20 per page | 0.95 per page | |
15. | On filing an application for admission by the Supreme Court | 526.00 | N/A | N/A |
16. | On commencing an appeal under the Rules O. 75A r. 2B for — | |||
(a) an appeal under the | 1 266.00 | N/A | 100.00 | |
(b) an appeal under the | 1 266.00 | N/A | 100.00 | |
(c) an appeal under the | 1 266.00 | N/A | 100.00 | |
17. | On commencing an appeal under the | 1 266.00 | 2 477.00 | 100.00 |
18. | On commencing an appeal under the | 1 266.00 | 2 477.00 | 100.00 |
1. | On filing an appeal notice | 327.00 | 849.00 | 98.00 |
2. | On filing — | |||
(a) appellant’s case | 4 928.00 | 12 808.00 | 100.00 | |
(b) respondent’s case | 4 928.00 | 12 808.00 | 100.00 | |
3. | On filing an application to transfer an appeal from the District Court to the Court of Appeal under the | 653.00 | 1 280.00 | 100.00 |
4. | (a) On filing an application in an appeal for an interim order or to amend or cancel an interim order | 461.00 | 895.00 | 100.00 |
(b) On an appointment before a judge or registrar to settle the appeal book index | 461.00 | 895.00 | 100.00 | |
(c) On an appointment before a registrar for mediation | 461.00 | 895.00 | No fee | |
Notes for this item: 1. The fee includes the first day of the hearing of the matter and an adjournment of the matter. | ||||
2. If the hearing of a matter is listed for more than 1 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 | 1 646.00 | 3 196.00 | 100.00 |
Notes for this item: 1. The fee is payable when the appeal book is filed. | ||||
2. The fee includes the fee for the first day of hearing. | ||||
6. | Allocation of hearing date | 1 312.00 for each day allocated | 3 408.00 for each day allocated | No fee |
Note for this item: The 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 | 1 312.00 | 3 408.00 | No fee |
Notes for this item: 1. The fee is not payable in relation to an application for, or to amend or cancel, an interim order. | ||||
2. The fee is payable for each additional day or part of a day that a hearing proceeds beyond the number of days for which a fee has been paid under item 6. | ||||
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 a proceeding or record (other than a search made by or on behalf of a party to an appeal) — | |||
(a) if the search is made by a recognised service approved by the Attorney General | 2.65 | 2.65 | 2.65 | |
(b) otherwise | 66.50 | 66.50 | 19.95 | |
9. | (a) For a copy of a document or an exhibit, including marking as an office copy if required — for each page or part of a page | 2.75 | 2.75 | 0.85 |
(b) For a copy of reasons for judgment — (i) for each copy issued to a person who is not a party to the appeal | 23.10 | 23.10 | 6.95 | |
(ii) for each copy in excess of 1 copy issued to a party to the appeal | 23.10 | 23.10 | 6.95 | |
(iii) for each copy consisting of more than 10 pages an additional fee per page | 2.95 | 2.95 | 0.90 | |
(c) For certifying under seal that a document is a true copy — an additional fee | 30.30 | 30.30 | 9.10 | |
(d) For a certificate under the hand of a registrar | 62.00 | 62.00 | 18.60 | |
10. | (a) For providing a transcript, or part of a transcript — | |||
(i) provided within 1 day after the day on which the fee is paid | 30.50 plus 12.60 per page | 30.50 plus 25.20 per page | 9.15 plus 3.80 per page | |
(ii) provided within 2 days after the day on which the fee is paid | 30.50 plus 11.55 per page | 30.50 plus 23.00 per page | 9.15 plus 3.45 per page | |
(iii) provided within 4 days after the day on which the fee is paid | 30.50 plus 10.90 per page | 30.50 plus 22.00 per page | 9.15 plus 3.25 per page | |
(iv) provided within 7 days after the day on which the fee is paid | 30.50 plus 10.55 per page | 30.50 plus 21.00 per page | 9.15 plus 3.15 per page | |
(v) provided within 14 days after the day on which the fee is paid | 30.50 plus 8.90 per page | 30.50 plus 17.85 per page | 9.15 plus 2.65 per page | |
(vi) provided on a running basis (i.e. periodically throughout or following the day of the proceedings) | 30.50 plus 13.35 per page | 30.50 plus 26.70 per page | 9.15 plus 4.00 per page | |
(b) For providing a copy of a transcript, or part of a transcript, if the transcript or part has been provided to the person requesting the copy — | ||||
(i) electronic format | 31.90 per copy | 31.90 per copy | 9.55 per copy | |
(ii) paper copy | 3.20 per page | 3.20 per page | 0.95 per page | |
[r. 4]
1. | On the execution of an arrest warrant — | |
(a) for arresting the person | 211.00 | |
(b) for conveying the person to a court or a custodial place and releasing the person from arrest or custody | 209.00 | |
(c) for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is required to keep the person in custody until the person is conveyed to a court or a custodial place | 55.00 | |
Notes for this item: 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. | ||
2. The fee under paragraph (a) includes the costs of — (a) receiving and printing 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 a writ, application, summons, originating process, notice or order of the Court or other process requiring service | 117.00 |
Notes for this item: 1. The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address. | ||
2. The fee includes the costs of receiving and printing the process. | ||
3. | If it is necessary to travel to execute a warrant or other process, serve a writ, summons, order of the Court, other process or document, make an arrest or for all attempts, attendances and inspections, from the Sheriff’s office or nearest bailiff’s office — | |
(a) for each kilometre travelled (1 way) in the metropolitan region | 2.65 | |
(b) for each kilometre travelled (1 way) outside the metropolitan region | 3.00 | |
Note for this item: If more than 1 process or document is executed or served by the Sheriff or a bailiff at the same time on the same person, or on different persons at the same address, only 1 fee for kilometres travelled is chargeable. | ||
4. | Fee to the Sheriff for attending a view — per hour or part of an hour | 110.00 |
5. | (a) For striking a jury and preparing a jury panel | 354.00 |
(b) For attendance of Sheriff’s officer at hearing (per day or part of a day) | The reasonable amount paid | |
[r. 4]
1. | On filing an application for an original grant, or for a second or subsequent grant in relation to the same deceased, or to reseal a foreign grant | 408.00 |
Note for this item: The fee covers — (a) all documents filed in support of the application; and (b) preparation of the necessary copies of documents including a 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) | 130.00 |
3. | For depositing a will or instrument under the | 130.00 |
4. | (a) For the supply of copies of a will or other document, including marking as an office copy if required — for each page | 2.75 |
(b) For certifying under seal that a copy of a document is a true copy — an additional fee | 30.30 | |
5. | (a) For an exemplification of a grant (in addition to the fee payable under item 4(a)) | 164.50 |
(b) For settling and sealing a citation or a subpoena | 164.50 | |
6. | For a search for and inspection of a document or file of documents | 66.50 |
[r. 4A(1) and 8(2)]
In the Supreme Court of Western Australia | No. of 2 | ||
(*strike out word that is not applicable) | |||
(*strike out word that is not applicable) | |||
........................................................................................ Full name | |||
........................................................................................ Address | |||
........................................................................................ Name of person in respect of which application made | |||
........................................................................................ | |||
I declare that the person in respect of which the application is made is a small business | |||
In the Supreme Court of Western Australia | No. of 2 | |||||||||||||||||||||||||||||
(*strike out word that is not applicable) | ||||||||||||||||||||||||||||||
(*strike out word that is not applicable) | ||||||||||||||||||||||||||||||
Fee type for which request is made: | ||||||||||||||||||||||||||||||
❑ Application fee | ❑ Hearing fee | ❑ Transcription fee | ❑ Other (please describe below) | |||||||||||||||||||||||||||
Concession Card Holder: ❑ Yes ❑ No | Pension Concession Card No: | ______________ | ||||||||||||||||||||||||||||
Health Care Card No: | ______________ | |||||||||||||||||||||||||||||
Grant of Legal Aid under a legal aid scheme or service ❑ Yes ❑ No | ||||||||||||||||||||||||||||||
Please indicate your party type: ❑ Individual ❑ Entity | ||||||||||||||||||||||||||||||
Please give supporting reasons for your request (attach a separate page if required). | ||||||||||||||||||||||||||||||
Dated: | ||||||||||||||||||||||||||||||
COURT SEAL | ||||||||||||||||||||||||||||||
If the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an individual. | ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
Income / financial assets (net) | Self | Partner | Total | |||||||||||||||||||||||||||
Wage / salary / benefit | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Money in financial institution | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Cash | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Income from investments | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Other income | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Money loaned and to be repaid | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
$ _______ | $ _______ | $ _______ | ||||||||||||||||||||||||||||
Expenditure | Self | Partner | Total | |||||||||||||||||||||||||||
Rent / board | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Mortgage payment | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Maintenance for dependants | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Food | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Utilities (gas / electricity) | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Telephone | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Water | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Rates and taxes | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Court orders | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Credit card/s | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
Other debts (provide details) ______________________ | $ _______ | $ _______ | $ _______ | |||||||||||||||||||||||||||
$ _______ | $ _______ | $ _______ | ||||||||||||||||||||||||||||
$ ________ | $ _______ | |||||||||||||||||||||||||||||
House or other property (provide addresses) | $ ______ | |||||||||||||||||||||||||||||
Motor Vehicles (car, utility, motorcycle, truck etc.) | 1 | Year: Make: Model: Registration Number: | $ ______ | |||||||||||||||||||||||||||
2 | Year: Make: Model: Registration Number: | $ ______ | ||||||||||||||||||||||||||||
Other assets (provide details) | $ _______ | |||||||||||||||||||||||||||||
$ ______ | ||||||||||||||||||||||||||||||
Television $ ______ | DVD player $ _____ | Computers $ ______ | Other electronic devices $ ______ | Dishwasher $ _______ | Micro wave $ ___ | |||||||||||||||||||||||||
Furniture $ _______ | Collection of coins, stamps etc. $ ________ | Other collectables $ _______ | Other assets $ ________ | Interests in business or company $ _______ | ||||||||||||||||||||||||||
Mortgage to: | $ _______ | |||||||||||||||||||||||||||||
Other to: | $ _______ | |||||||||||||||||||||||||||||
Time to Pay Order: | $ _______ | |||||||||||||||||||||||||||||
$ _______ | ||||||||||||||||||||||||||||||
If the reasons for application include financial hardship, the following sections of the form must be completed by the applicant if the applicant is an entity. | ||||||||||||||||||||||||||||||
Income | $ _______ | |||||||||||||||||||||||||||||
Assets | $ _______ | |||||||||||||||||||||||||||||
Liabilities | $ _______ | |||||||||||||||||||||||||||||
$ _______ | ||||||||||||||||||||||||||||||
In the Supreme Court of Western Australia | No. of 20 | ||
(*strike out word that is not applicable) | |||
(*strike out word that is not applicable) | |||
To the Principal Registrar for a determination under s. 171(3) of the | |||
........................................................................................... Full name | |||
........................................................................................... Address | |||
........................................... Date of birth | ........................................... MDL No. | ||
The disputed fee is for ...................................................... ........................................................................................... ........................................................................................... | |||
Payable under the ❑ Schedule 1 item ...................................................... ❑ Schedule 2 item ...................................................... ❑ Schedule 3 item ...................................................... | |||
I dispute — ❑ that the fee is payable ❑ the amount of the fee ❑ other ................................................................................. | |||
I dispute the fee because .................................................................................... ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ | |||
........................................................................................... | |||
/ /20 | |||
This is a compilation of the
27 Dec 2001 p. 6583-616 | 1 Jan 2002 (see r. 2) | |||
15 Feb 2002 p. 643 | 15 Feb 2002 | |||
30 Jun 2003 p. 2581‑638 | 1 Jul 2003 (see r. 2 and | |||
30 Dec 2003 p. 5693-701 | 1 Jan 2004 (see r. 2) | |||
28 Apr 2005 p. 1758-63 | 1 May 2005 (see r. 2 and | |||
23 Jun 2005 p. 2693-701 | 1 Jul 2005 (see r. 2) | |||
23 Jun 2006 p. 2184‑7 | 1 Jul 2006 (see r. 2) | |||
26 Jun 2007 p. 3042-4 | r. 1 and 2: 26 Jun 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)(i)) | |||
8 Feb 2008 p. 313-14 | r. 1 and 2: 8 Feb 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Feb 2008 (see r. 2(b) and | |||
27 Jun 2008 p. 3059-62 | r. 1 and 2: 27 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) | |||
9 Jun 2009 p. 1921‑2 | r. 1 and 2: 9 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Jun 2009 (see r. 2(b)) | |||
4 Sep 2009 p. 3461-72 | r. 1 and 2: 4 Sep 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2009 (see r. 2(b)) | |||
30 Jul 2010 p. 3496-7 | r. 1 and 2: 30 Jul 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Jul 2010 (see r. 2(b)) | |||
8 Mar 2011 p. 781‑4 | r. 1 and 2: 8 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Mar 2011 (see r. 2(b)) | |||
20 Dec 2011 p. 5376-9 | r. 1 and 2: 20 Dec 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Dec 2011 (see r. 2(b)) | |||
27 Mar 2012 p. 1508 | r. 1 and 2: 27 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Mar 2012 (see r. 2(b)) | |||
30 Nov 2012 p. 5784‑8 | r. 1 and 2: 30 Nov 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b)) | |||
19 Jul 2013 p. 3268-9 | r. 1 and 2: 19 Jul 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Aug 2013 (see r. 2(b) and | |||
15 Nov 2013 p. 5239-42 | r. 1 and 2: 15 Nov 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b)) | |||
27 Jun 2014 p. 2347-50 | r. 1 and 2: 27 Jun 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i)) | |||
11 Jul 2014 p. 2437-8 | r. 1 and 2: 11 Jul 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Jul 2014 (see r. 2(b)(ii)) | |||
19 Jun 2015 p. 2130‑4 | r. 1 and 2: 19 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(i)) | |||
14 Jun 2016 p. 1849‑986 | 4 Jul 2016 (see r. 2(b)) | |||
7 Jul 2017 p. 3721‑98 | 8 Jul 2017 (see r. 2(b)(ii)) | |||
19 Sep 2017 p. 4885‑6 | r. 1 and 2: 19 Sep 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Sep 2017 (see r. 2(b)) | |||
9 Feb 2018 p. 401‑5 | 10 Feb 2018 (see r. 2(b)) | |||
15 Jun 2018 p. 1963‑2049 | 1 Jul 2018 (see r. 2(b)) | |||
20 Jul 2018 p. 2621‑30 | 21 Jul 2018 (see r. 2(b)) | |||
7 Dec 2018 p. 4667‑74 | 18 Dec 2018 (see r. 2(b)(i)) | |||
12 Mar 2019 p. 666‑9 | 13 Mar 2019 (see r. 2(b)) | |||
28 Jun 2019 p. 2553‑642 | 1 Jul 2019 (see r. 2(b)) | |||
SL 2020/124 31 Jul 2020 | 1 Aug 2020 (see r. 2(b)) | |||
SL 2021/101 29 Jun 2021 | 1 Jul 2021 (see r. 2(b)) | |||
SL 2022/111 30 Jun 2022 | 1 Jul 2022 (see r. 2(b)) | |||
SL 2022/114 30 Jun 2022 | 1 Jul 2022 (see r. 2(c) and SL 2022/111 r. 2(b)) | |||
SL 2023/120 2 Aug 2023 | 3 Aug 2023 (see r. 2(b)) | |||
SL 2024/113 26 Jun 2023 | 1 Jul 2024 (see r. 2(b)) | |||
SL 2024/174 21 Aug 2024 | 1 Sep 2024 (see r. 2(b)) | |||
SL 2025/111 25 Jun 2025 | 1 Jul 2025 (see r. 2(b)) | |||
bilateral convention.................................................................................................... 5(1)
Centrelink..................................................................................................................... 7(1)
corporation........................................................................................................................ 3
eligible entity.................................................................................................................... 3
eligible entity fee............................................................................................................. 3
eligible individual............................................................................................................ 3
eligible individual fee...................................................................................................... 3
enforcement officer......................................................................................................... 3
entity................................................................................................................................... 3
entry fee........................................................................................................................ 9(1)
evidence convention................................................................................................... 5(1)
fee...................................................................................................................... 9(1), 9A(1)
grant.................................................................................................................................... 3
individual........................................................................................................................... 2
metropolitan region......................................................................................................... 3
non-profit association...................................................................................................... 3
person................................................................................................................................. 3
Rules................................................................................................................................... 3
small business................................................................................................................... 3
subsidiary.......................................................................................................................... 3
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0
0
0