Supreme Court Further Amendment (Fees) Regulation 2004 (NSW)

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2004 No 378

New South Wales

Supreme Court Further Amendment

(Fees) Regulation 2004

under the

Supreme Court Act 1970

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Supreme Court Act 1970.

BOB DEBUS, M.P.,

Attorney General

Explanatory note
The object of this Regulation is to increase, by approximately 4 per cent, certain court fees (as set out in the Supreme Court Regulation 2000) payable in respect of the business of the Supreme Court.

This Regulation is made under the Supreme Court Act 1970, including section 130 (Fees and percentages).

Published in Gazette No 104 of 25 June 2004, page 4635	Page 1
2004 No 378
Clause 1	Supreme Court Further Amendment (Fees) Regulation 2004

Supreme Court Further Amendment (Fees)

Regulation 2004

under the

Supreme Court Act 1970

1 Name of Regulation
This Regulation is the Supreme Court Further Amendment (Fees)
Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

3 Amendment of Supreme Court Regulation 2000
The Supreme Court Regulation 2000 is amended as set out in
Schedule 1.

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Amendment	Schedule 1
Schedule 1 Amendment

(Clause 3)

Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Court fees

(Clause 4)

$

1 (1) Filing an initiating process (other than an 1,230 (in the case of
initiating process referred to in paragraph (2) or a corporation) or
(3) or filed in the Court of Appeal) 615 (in any other
case)
(2) Filing an initiating process in the Equity 2,808 (in the case of
Division for entry in the Commercial List, the a corporation) or
Construction List or the Admiralty List 1,404 (in any other
case)
(3) Filing an initiating process by which an
application for a grant or resealing under Part 78
(Probate) of the Supreme Court Rules 1970 is
made in respect of an estate the sworn gross
value of which:

(a) is less than $50,000 Nil
(b) is $50,000 or more but less than
$250,000 543
(c) is $250,000 or more but less than
$500,000 684
(d) is $500,000 or more but less than
$1,000,000 1,031
(e) is $1,000,000 or more 1,373

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

(4) The fees for filing a cross-claim under Part 6
(Cross-claims) of the Supreme Court Rules 1970
in any Division of the Court are to be the same
fees as are from time to time payable in respect
of the filing of an initiating process in that
Division.
Note 1. In this item, initiating process means:

(a)

an originating process under the Supreme Court Rules 1970 (other than a notice of appeal to the Court of Appeal or a
summons for leave to appeal to the Court
of Appeal), or

(b)

a notice of appeal under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001 or section 69 of the Local Courts (Civil Claims) Act 1970, or
(c) a petition, or

(d)

subject to Note 3, an originating process under the Corporations Act 2001 of the Commonwealth, or

(e)

a writ of summons under the Admiralty Rules of the Commonwealth.
Note 2. Where proceedings are entered in the
Commercial List, the Construction List or the
Admiralty List:

(a) the fee payable is the difference between the fee referred to in paragraph (2) of item 1 and any fee paid under paragraph (1) or (3) of that item, and
(b) the fee is payable:

(i)
if the proceedings are entered by the party requesting the making of the order, or
(ii) if the proceedings are entered by the consent of the parties—by the parties to the proceedings in equal proportions.

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$
Note 3. This item does not apply to:

(a) a summons by which an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules 1970 is made in respect of an estate the sworn gross
value of which is less than $50,000, or

(b)

a summons by which an application is made in the course of a winding up by the Court under the Corporations Act 2001 of the Commonwealth, unless it is a summons claiming relief under section 1321 of the Corporations Act 2001 of the Commonwealth or regulation 5.6.26 (3) or 5.6.54 (2) of the Corporations Regulations 2001 of the Commonwealth, or

(c)

a summons to pass accounts which is filed pursuant to section 85 (1AA) of the Wills, Probate and Administration Act 1898.
Note 4. No fee is payable:

(a) in respect of a summons issued under Part 58 (Taking evidence for foreign and Australian courts and tribunals) of the Supreme Court Rules 1970, or
(b) for an initiating process which relates to the issue of a subpoena to be served outside the State under the Service and Execution of Process Act 1992 of the Commonwealth.
2 For filing in the Court of Appeal:

(a) a holding summons for leave to appeal or 240 (in the case of a

to cross-appeal

corporation) or 120 (in any other case)

(b) an ordinary summons for leave to appeal 1,126 (in the case of
or to cross-appeal in respect of an a corporation) or
application initiated by a holding 563 (in any other
summons case)
(c) any other summons 1,364 (in the case of
a corporation) or
682 (in any other
case)

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

(d)

notice of appeal without appointment

544 (in the case of a corporation) or 272 (in any other case)
(e) notice of appeal with appointment:

(i) in proceedings in which a 2,870 (in the case of
summons has been filed in the a corporation) or
Court of Appeal 1,435 (in any other
case)
(ii) in proceedings in which a notice of 3,692 (in the case of
appeal without appointment has a corporation) or
been filed 1,846 (in any other
case)
(iii) in any other proceedings 4,234 (in the case of
a corporation) or
2,117 (in any other
case)

Note. The fee under item 2 (e) (ii) is payable for the obtaining of an appointment to proceed with a cross-appeal if an appeal has been discontinued before the filing of a notice of appeal with
appointment in respect of the discontinued
appeal.

3 For allocation of a date for hearing of the 2,344 (in the case of
proceedings by one or more judges, a judge and a corporation) or
jury or a master 1,172 (in any other
case)

Note 1. The fee is payable by the plaintiff or appellant in the proceedings. If the Court or a registrar so orders, the fee is payable by another party to the proceedings or by any parties to the proceedings in the proportions ordered.

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$
Note 2. A fee is payable for:

(a)

an application for leave to appeal or cross- appeal if the appeal or cross-appeal has been set down for hearing on the basis that oral argument on the appeal or cross- appeal will proceed concurrently with the application for leave to appeal or cross- appeal, or

(b)

proceedings allocated a date for hearing after 1 September 2000 whether the proceedings were initiated before or after that date.
Note 3. No fee is payable:

(a) in criminal proceedings, or
(b) in proceedings of an interlocutory nature only.
Note 4. A hearing allocation fee is not payable and, if paid, is to be remitted if:

(a)

the proceedings do not proceed on the allocated date for hearing, and

(b)

a registrar is satisfied that the adjournment was due to circumstances beyond the control of the parties to the proceedings.

4 (1) Filing a requisition for civil trial by jury (to be 1,492 (in the case of

paid by party requesting jury)

a corporation) or 746 (in any other case)
(2) Daily jury retention fee (to be paid by party 680 (in the case of a
requesting jury for each day jury is required corporation) or 340
after the first day of a civil trial) (in any other case)
5 Filing an application for an order under 688 (in the case of a
section 76B of the Act for referral of an action to corporation) or 344
arbitration (in any other case)
6 (1) For the hearing of proceedings by one of more 438 (in the case of a
Judges—each half day of hearing on or after the corporation) or 219
11th day (in any other case)

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$

(2) For the hearing of proceedings by a master— 394 (in the case of a

each half day of hearing on or after the 11th day

corporation) or 197 (in any other case)

Note 1. A half day is 3 hours or part of 3 hours. adjournment of less than half an hour.

Note 2. The fee is payable by the plaintiff or appellant in the proceedings. If the Court or a registrar so orders, the fee is payable by another party to the proceedings or by any parties to the proceedings in the proportions ordered.
Note 3. No fee is payable:

(a) in criminal proceedings, or
(b) if the sole purpose of the hearing is the delivery of a reserved judgment, or
(c) if a date for hearing the proceedings was allocated before 1 July 2003.
Note 4. If a matter is heard by a judge and jury, a hearing fee may be payable in addition to the daily jury retention fee.

7 Filing notice of motion under Rule 2 of Part 19 284 (in the case of a
of the Supreme Court Rules 1970 or an corporation) or 142
interlocutory process under the Corporations (in any other case)
Act 2001 of the Commonwealth
8 To open or keep open the registry or part of the 976 (in the case of a
registry or to open or keep open an office of a corporation) or 488
clerk of the Court elsewhere in the State: (in any other case)

(a)

on a Saturday, Sunday or public holiday, or

(b)

on any other day before 9 am or after 5 pm
Note. No fee is payable in criminal proceedings.

9 For an officer of the Court to produce a 102 (in the case of a
document at a place other than the Supreme corporation) or 51
Court Building, Queens Square, Sydney (in any other case)

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$
10 To furnish a copy of the written opinion or reasons for opinion of any judge or of any master or other officer of the Court:

(a) for a printed copy 48
(b) for any other kind of copy 30
Note. A party to proceedings before the Court is entitled to one copy of the opinion or reasons for opinion in relation to the proceedings without
charge.

11

To prepare appeal papers—for the first 11 976 (in the case of a
copies, or such other number of copies as is corporation) or 488
ordered to be printed by the registrar—for each (in any other case)
volume of not more than 250 pages
12 The fees to be paid to the Marshal in Admiralty are to be the same fees as are from time to time taken by the Sheriff or an officer of the Sheriff for service and execution of process of the
Court, except there is no levy payable on a writ of execution.
13 Certificate of a registrar as to a signature of a

public notary 41
14

To prepare a copy of a will, a certificate of grant, an exemplification or a divorce decree, or a copy of a certificate of conviction (except where it is requested by a party to the proceedings) 41
15 Making a copy of any document, otherwise than

as provided for by item 10 or 14 for each page 2
(minimum fee of $10)
16 Supply of duplicate tape recording of sound-

recorded evidence, for each cassette 35

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Schedule 1

Amendment

$
17 For each copy of the transcript of any proceedings:

(a) for each page, where the matter being

transcribed is under 3 months old 7.60
(minimum fee for 1 to 8 pages of $64)

(b) for each page, where the matter being

transcribed is 3 months old or older 8.70
(minimum fee for 1 to 8 pages of $75)

18             To conduct a genealogical search on a probate

file (for each file searched) 78
19             To conduct an adoption search (for each file

searched) 41
Note. This amount also includes a copy of any document, if approved by the Court.
20             To conduct a search for an application for a
grant or resealing under Part 78 (Probate) of the
Supreme Court Rules 1970 (for each file

searched) 30
21

To lodge a caveat against an application for a 58 (in the case of a
grant or resealing under Part 78 (Probate) of the caveator that is a
Supreme Court Rules 1970 corporation) or 29 (in any other case)
22 To lodge a will that is not attached to an

initiating process by which an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules 1970 is made 30
23

To issue a subpoena (for production, to give 110 (in the case of a
evidence, or both) corporation) or 55 (in any other case)

2004 No 378

Supreme Court Further Amendment (Fees) Regulation 2004

Amendment

Schedule 1

$

24

Notice lodged by a legal practitioner of another State, of a Territory of the Commonwealth or of New Zealand for admission as a legal

(See Note to this
practitioner of the Court item)

Note. This fee is fixed as referred to in section 40 of the Mutual Recognition Act 1992 of the Commonwealth and section 40 of the Trans- Tasman Mutual Recognition Act 1997 of the Commonwealth. Under those Acts, such a fee cannot be greater than the fee imposed on persons in New South Wales seeking to be admitted as legal practitioners of the Court.
25 For storing material over 1 kg in weight that is 106 (in the case of a
produced on subpoena (to be paid by the party corporation) or 53
requesting issue of the subpoena) (in any other case)
Note. This fee must be remitted under clause 11
if:

(a)

within 4 weeks of being granted leave to inspect the material, the party requesting the issue of the subpoena:

(i)

notifies the Court in writing of that part of the material that is not required for the purposes of the proceedings, and

(ii)

consents to the return of that part to the person who produced the material, and

(b)

the remainder of the material weighs less than 1 kg.

26 For storing material produced under a notice to 106 (in the case of a
produce (to be paid by the party who issued the corporation) or 53
notice), but only if the party who produced the (in any other case)
material to the Court or the registry does not
collect the material within the time specified in a
notice issued to that party by a registrar
27 The fee for a service not otherwise provided for 58 (in the case of a

in this Schedule

corporation) or 29 (in any other case)

Note. This fee is chargeable only with the approval of the Principal Registrar.

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Supreme Court Further Amendment (Fees) Regulation 2004 (NSW)

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1	(1)	Filing an initiating process (other than an	1,230 (in the case of
initiating process referred to in paragraph (2) or	a corporation) or
(3) or filed in the Court of Appeal)	615 (in any other case)
(2)	Filing an initiating process in the Equity	2,808 (in the case of
Division for entry in the Commercial List, the	a corporation) or
Construction List or the Admiralty List	1,404 (in any other case)
(3)	Filing an initiating process by which an application for a grant or resealing under Part 78 (Probate) of the Supreme Court Rules 1970 is made in respect of an estate the sworn gross value of which:

(a)	is less than $50,000	Nil
(b)	is $50,000 or more but less than
$250,000	543
(c)	is $250,000 or more but less than
$500,000	684
(d)	is $500,000 or more but less than
$1,000,000	1,031
(e)	is $1,000,000 or more	1,373

(b)	a notice of appeal under Part 5 of the Crimes (Local Courts Appeal and Review) Act 2001 or section 69 of the Local Courts (Civil Claims) Act 1970, or
(c)	a petition, or
(d)	subject to Note 3, an originating process under the Corporations Act 2001 of the Commonwealth, or
(e)	a writ of summons under the Admiralty Rules of the Commonwealth.

(b)	a summons by which an application is made in the course of a winding up by the Court under the Corporations Act 2001 of the Commonwealth, unless it is a summons claiming relief under section 1321 of the Corporations Act 2001 of the Commonwealth or regulation 5.6.26 (3) or 5.6.54 (2) of the Corporations Regulations 2001 of the Commonwealth, or
(c)	a summons to pass accounts which is filed pursuant to section 85 (1AA) of the Wills, Probate and Administration Act 1898.

(a)	in respect of a summons issued under Part 58 (Taking evidence for foreign and Australian courts and tribunals) of the Supreme Court Rules 1970, or
(b)	for an initiating process which relates to the issue of a subpoena to be served outside the State under the Service and Execution of Process Act 1992 of the Commonwealth.

(b)	an ordinary summons for leave to appeal	1,126 (in the case of
or to cross-appeal in respect of an	a corporation) or
application initiated by a holding	563 (in any other
summons	case)
(c)	any other summons	1,364 (in the case of a corporation) or 682 (in any other case)

(d)	notice of appeal without appointment	544 (in the case of a corporation) or 272 (in any other case)
(e)	notice of appeal with appointment:

(i)	in proceedings in which a	2,870 (in the case of
summons has been filed in the	a corporation) or
Court of Appeal	1,435 (in any other case)
(ii)	in proceedings in which a notice of	3,692 (in the case of
appeal without appointment has	a corporation) or
been filed	1,846 (in any other case)
(iii)	in any other proceedings	4,234 (in the case of a corporation) or 2,117 (in any other case)

3	For allocation of a date for hearing of the	2,344 (in the case of
proceedings by one or more judges, a judge and	a corporation) or
jury or a master	1,172 (in any other case)
Note 1. The fee is payable by the plaintiff or appellant in the proceedings. If the Court or a registrar so orders, the fee is payable by another party to the proceedings or by any parties to the proceedings in the proportions ordered.

(a)	an application for leave to appeal or cross- appeal if the appeal or cross-appeal has been set down for hearing on the basis that oral argument on the appeal or cross- appeal will proceed concurrently with the application for leave to appeal or cross- appeal, or
(b)	proceedings allocated a date for hearing after 1 September 2000 whether the proceedings were initiated before or after that date.

(a)	in criminal proceedings, or
(b)	in proceedings of an interlocutory nature only.

(a)	the proceedings do not proceed on the allocated date for hearing, and
(b)	a registrar is satisfied that the adjournment was due to circumstances beyond the control of the parties to the proceedings.

4	(1)	Filing a requisition for civil trial by jury (to be	1,492 (in the case of
paid by party requesting jury)	a corporation) or 746 (in any other case)
(2)	Daily jury retention fee (to be paid by party	680 (in the case of a
requesting jury for each day jury is required	corporation) or 340
after the first day of a civil trial)	(in any other case)
5	Filing an application for an order under	688 (in the case of a
section 76B of the Act for referral of an action to	corporation) or 344
arbitration	(in any other case)
6	(1)	For the hearing of proceedings by one of more	438 (in the case of a
Judges—each half day of hearing on or after the	corporation) or 219
11th day	(in any other case)

(2)	For the hearing of proceedings by a master—	394 (in the case of a
each half day of hearing on or after the 11th day	corporation) or 197 (in any other case)
Note 1. A half day is 3 hours or part of 3 hours. adjournment of less than half an hour.
Note 2. The fee is payable by the plaintiff or appellant in the proceedings. If the Court or a registrar so orders, the fee is payable by another party to the proceedings or by any parties to the proceedings in the proportions ordered.
Note 3. No fee is payable:

(a)	in criminal proceedings, or
(b)	if the sole purpose of the hearing is the delivery of a reserved judgment, or
(c)	if a date for hearing the proceedings was allocated before 1 July 2003.

7	Filing notice of motion under Rule 2 of Part 19	284 (in the case of a
of the Supreme Court Rules 1970 or an	corporation) or 142
interlocutory process under the Corporations	(in any other case)
Act 2001 of the Commonwealth
8	To open or keep open the registry or part of the	976 (in the case of a
registry or to open or keep open an office of a	corporation) or 488
clerk of the Court elsewhere in the State:	(in any other case)

(a)	on a Saturday, Sunday or public holiday, or
(b)	on any other day before 9 am or after 5 pm

9	For an officer of the Court to produce a	102 (in the case of a
document at a place other than the Supreme	corporation) or 51
Court Building, Queens Square, Sydney	(in any other case)

transcribed is under 3 months old	7.60
(minimum fee for 1 to 8 pages of $64)

24	Notice lodged by a legal practitioner of another State, of a Territory of the Commonwealth or of New Zealand for admission as a legal	(See Note to this
practitioner of the Court	item)
Note. This fee is fixed as referred to in section 40 of the Mutual Recognition Act 1992 of the Commonwealth and section 40 of the Trans- Tasman Mutual Recognition Act 1997 of the Commonwealth. Under those Acts, such a fee cannot be greater than the fee imposed on persons in New South Wales seeking to be admitted as legal practitioners of the Court.
25	For storing material over 1 kg in weight that is	106 (in the case of a
produced on subpoena (to be paid by the party	corporation) or 53
requesting issue of the subpoena)	(in any other case)
Note. This fee must be remitted under clause 11
if:

26	For storing material produced under a notice to	106 (in the case of a
produce (to be paid by the party who issued the	corporation) or 53
notice), but only if the party who produced the	(in any other case)
material to the Court or the registry does not collect the material within the time specified in a notice issued to that party by a registrar
27	The fee for a service not otherwise provided for	58 (in the case of a
in this Schedule	corporation) or 29 (in any other case)
Note. This fee is chargeable only with the approval of the Principal Registrar.