Supreme Court Regulations 2005 (SA)
South Australia
Supreme Court Regulations 2005
under the Supreme Court Act 1935
Contents
1Short title
3Interpretation
4Definition of prescribed court (section 39)
5Fees in general jurisdiction
6Fees in probate jurisdiction
Schedule 1—Fees in general jurisdiction
Schedule 2—Fees in probate jurisdiction
Legislative history
1—Short title
These regulations may be cited as the Supreme Court Regulations 2005.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Supreme Court Act 1935;
corporation has the same meaning as in the Corporations Act 2001 of the Commonwealth;
gross value, of a deceased estate, means the value of the estate without deduction for debts, encumbrances or funeral expenses as disclosed to the Registrar in accordance with the rules of court made under the Act;
not‑for‑profit organisation means a corporation that is not for the purpose of trading or securing a pecuniary profit for its members from its transactions;
prescribed corporation means a corporation other than—
(a)a small business; or
(b)a not‑for‑profit organisation;
Registrar means a person holding, or acting in, the office of—
(a)the Registrar of the court in its general jurisdiction; or
(b)the Registrar of Probates,
as the case requires;
small business means a corporation that—
(a)has less than 20 full‑time equivalent employees; and
(b)is not a subsidiary of a corporation that has 20 or more full‑time employees;
subsidiary has the same meaning as in the Corporations Act 2001 of the Commonwealth.
4—Definition of prescribed court (section 39)
For the purposes of paragraph (d) of the definition of prescribed court in section 39(6) of the Act, the following tribunals are prescribed:
(a)Legal Practitioners Disciplinary Tribunal;
(b)South Australian Civil and Administrative Tribunal.
5—Fees in general jurisdiction
(1)The fees payable for proceedings in the court's general jurisdiction are—
(a)the fees set out in Schedule 1; and
(b)in addition, any costs reasonably incurred in the execution of process.
Examples—
(a)sums expended in attending the discharge of a ship or goods;
(b)sums paid to a shipkeeper;
(c)sums paid for the safe custody of property;
(d)travelling expenses;
(e)necessary meals;
(f)sums paid to engage assistants;
(g)postage, telephone calls;
(h)fees paid to auctioneers or appraisers.
(1a)The following provisions apply to the listing fees set out in clause 7A of Schedule 1:
(a)except where the court or a registrar directs otherwise, the fee—
(i)is payable by the plaintiff; and
(ii)must be paid within the period of 14 days before the date fixed for trial;
(b)the trial will not proceed on the day fixed for that purpose unless the fee has been paid in accordance with paragraph (a).
(1b)The following provisions apply to the trial fees set out in clause 16 of Schedule 1:
(a)the fee for a trial is the fee prescribed under clause 16 of the Schedule as in force on the day on which the trial commences;
(b)the fee is not payable for the first day of trial if the listing fee set out in clause 7A of the Schedule has been paid;
(c)subject to paragraph (d), the fee is payable by the plaintiff or appellant in the proceedings;
(d)if the court or a registrar so directs, the fee is payable by another party to the proceedings or by the parties to the proceedings in the proportions directed.
(2)The Registrar may require a party to proceedings to pay a deposit on account of any amount to which the party may become liable under these regulations.
(3)For the purposes of section 131 of the Act, the fees payable for inspection or copying of material in proceedings in the general jurisdiction are the appropriate fees set out in Schedule 1.
6—Fees in probate jurisdiction
(1)The fees payable for proceedings in the court's probate jurisdiction are as specified in Schedule 2.
(2)For the purposes of section 131 of the Act, the fees payable for inspection or copying of material in the probate jurisdiction are the appropriate fees set out in Schedule 2.
(3)If, after an application has been lodged under clause 1, 1A or 1B of Schedule 2 in respect of a deceased estate, the Registrar determines, on further inquiry, that the gross value of the estate is other than disclosed at the time of the application, the Registrar must—
(a)where the gross value of the estate is less than originally disclosed—refund to the applicant an amount equal to the difference between the application fee charged and the fee that would have been charged had the original gross value disclosed been accurate; or
(b)where the gross value of the estate is more than originally disclosed—require the applicant to pay an amount equal to the difference between the application fee charged and the fee that would have been charged had the original gross value disclosed been accurate.
Schedule 1—Fees in general jurisdiction
| Part 1—General | ||||||
| General Fees | ||||||
| 1 | On filing an application for disclosure of documents before the commencement of a proceeding | |||||
| (a) for a prescribed corporation | $595.00 | |||||
| (b) for any other person | $420.00 | |||||
| 2 | On filing a document to commence a proceeding in the Supreme Court— | |||||
| (a) in the case where a fee has previously been paid for filing an application for disclosure of documents relating to the subject‑matter of the proceeding— | ||||||
| (i) for a prescribed corporation | $2 894.00 | |||||
| (ii) for any other person | $2 052.00 | |||||
| (b) in any other case— | ||||||
| (i) for a prescribed corporation | $3 489.00 | |||||
| (ii) for any other person | $2 472.00 | |||||
| 3 | On filing a counterclaim or third party action | |||||
| (a) for a prescribed corporation | $3 489.00 | |||||
| (b) for any other person | $2 472.00 | |||||
| 4 | On transferring an action commenced in another court to the Supreme Court | |||||
| (a) in the case of a prescribed corporation | $3 489.00 less the file commencement fees already paid in respect of the action in the other court | |||||
| (b) in any other case | $2 472.00 less the file commencement fees already paid in respect of the action in the other court | |||||
| 5 | On filing a summons for permission to appeal | |||||
| (a) for a prescribed corporation | $595.00 | |||||
| (b) for any other person | $420.00 | |||||
| 6 | On filing a notice of appeal for which permission to appeal is required | |||||
| (a) for a prescribed corporation | $2 894.00 | |||||
| (b) for any other person | $2 052.00 | |||||
| 7 | On transferring a counterclaim or third party action commenced in another court to the Supreme Court | |||||
| (a) in the case of a prescribed corporation | $3 489.00 less the counterclaim or third party action fees already paid in respect of the action in the other court | |||||
| (b) in any other case | $2 472.00 less the counterclaim or third party action fees already paid in respect of the action in the other court | |||||
| 7A | On fixing a date for trial | |||||
| (a) for a prescribed corporation | $3 489.00 | |||||
| (b) for any other person | $2 472.00 | |||||
| 8 | On filing a notice of appeal in respect of an appeal as of right | |||||
| (a) for a prescribed corporation | $3 489.00 | |||||
| (b) for any other person | $2 472.00 | |||||
| Note— No further fee is payable for filing pleadings or particulars or for any interlocutory application, interlocutory motion, application for directions or application for immediate relief, for signing judgment or for any necessary affidavit or document. | ||||||
| 9 | On filing a notice of appeal to the Supreme Court against a decision of the Magistrates Court pursuant to section 42 of the Magistrates Court Act 1991 | $232.00 | ||||
| 10 | On— | |||||
| (a) filing or lodging an application, notice or other document that does not relate to a proceeding for which a fee has been paid under any of the previous clauses | $74.00 | |||||
| (b) sealing a certificate | $74.00 | |||||
| (c) certifying under seal that a document is a true copy | $74.00 | |||||
| 11 | For each request to search and/or inspect a record of the court, other than a Divorce or Matrimonial Causes record Note— No fee is payable under this clause for a request made in respect of a record relating to criminal proceedings by or on behalf of the defendant or the victim of the offence that is the subject of those proceedings. | $23.60 | ||||
| 12 | For a copy of a document (other than a copy of evidence)—per page | $4.80 | ||||
| 13 | For a copy of evidence | |||||
| (a) per page in electronic form | $7.90 | |||||
| (b) per page in hard‑copy form | $10.20 | |||||
| 14 | For a copy of the reasons for judgment—per page Note— 1 copy will be supplied to a party to the proceedings free of charge. | $7.90 | ||||
| 15 | For production of a transcript on the request of a party where the court does not require the transcript—per page | $16.00 | ||||
| 16 | Trial fee—for each day or part of a day on which the trial is heard by the court— | |||||
| (a) for a prescribed corporation | $3 489.00 | |||||
| (b) for any other person | $2 472.00 | |||||
| Suitors' Funds | ||||||
| 17 | On interest collected on funds in court or credited to an account, payable from time to time or prior to the payment or transfer of interest out of any fund or money in court— | |||||
| (a) if the interest is $10.00 or less | no fee | |||||
| (b) in any other case | 3% of amount of interest | |||||
| Fees Payable on Adjudication of Costs | ||||||
| 18 | On filing— | |||||
| (a) an itemised schedule of costs | $74.00 | |||||
| (b) an application for adjudication of legal costs | $74.00 | |||||
| 19 | For adjudicating an itemised schedule of costs | 5% of amount allowed on adjudication (to nearest dollar) | ||||
| Miscellaneous | ||||||
| 20 | For opening the Registry (or the Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour | $380.00 | ||||
| 21 | For opening the court (or the court remaining open) after hours for urgent hearing—for each hour or part of an hour | $1 144.00 | ||||
| Part 2—Fees payable under rules regulating admission of practitioners | ||||||
| 22 | On application for admission or re‑admission as a practitioner | $586.00 | ||||
| Part 3—Fees to be taken in marshal's office | ||||||
| 23 | Receiving and entering a writ of summons, warrant of release, decree, order, commission or other instrument under the seal of the court | $61.00 | ||||
| 24 | For— | |||||
| (a) service of a writ of summons | $50.50 | |||||
| (b) execution of a warrant of arrest—for each person | $105.00 | |||||
| but, if a writ is served and a warrant executed on a person at the same time | $136.00 | |||||
| 25 | For execution of a warrant for the seizure of a ship, cargo or other goods | $105.00 | ||||
| 26 | For the release of any ship, goods or person from seizure or arrest | $50.50 | ||||
| 27 | For the execution of a commission of appraisement or sale | $105.00 | ||||
| 28 | For the execution of any decree, order, commission or instrument other than 1 otherwise specified in this Part | $105.00 | ||||
| 29 | For delivery of a ship or goods to a purchaser | $105.00 | ||||
| 30 | For attending the discharge of cargo or removal of a ship or goods—payable per day or part of a day | $105.00 | ||||
| 31 | For opening office (or office remaining open) after hours for urgent execution of process—payable per hour or part of an hour | $380.00 | ||||
| 32 | On the gross proceeds of any ship or goods sold— | |||||
| (a) for every $200 or part of $200, up to $20 000 | $20.70 | |||||
| (b) for each additional $200 or part of $200 | $12.60 | |||||
| 33 | For retaining possession of a ship (with or without cargo) or of a ship's cargo—for each day or part of a day | $61.00 | ||||
| Note— No fee is payable under this Part for the custody and possession of property seized if it consists of money with an ADI, or goods stored in a bonded warehouse, or if it is in the custody of a customs officer or other authorised person. | ||||||
Schedule 2—Fees in probate jurisdiction
| 1 | On lodging an application for a grant of probate or administration in respect of a deceased estate the gross value of which— | ||
| (a) is $200 000 or less | $780.00 | ||
| (b) is more than $200 000 but less than or equal to $500 000 | $1 560.00 | ||
| (c) is more than $500 000 but less than or equal to $1 million | $2 079.00 | ||
| (d) is more than $1 million | $3 118.00 | ||
| 2 | On lodging an application for the sealing of a grant under section 17 of the Administration and Probate Act 1919 in respect of a deceased estate the gross value of which— | ||
| (a) is $200 000 or less | $780.00 | ||
| (b) is more than $200 000 but less than or equal to $500 000 | $1 560.00 | ||
| (c) is more than $500 000 but less than or equal to $1 million | $2 079.00 | ||
| (d) is more than $1 million | $3 118.00 | ||
| 3 | On lodging an application for an order under section 9 of the Public Trustee Act 1995 in respect of a deceased estate the gross value of which— | ||
| (a) is $200 000 or less | $780.00 | ||
| (b) is more than $200 000 but less than or equal to $500 000 | $1 560.00 | ||
| (c) is more than $500 000 but less than or equal to $1 million | $2 079.00 | ||
| (d) is more than $1 million | $3 118.00 | ||
| Note— The fees under the preceding clauses cover— (a) photocopies required of the will or other document (if any) for the grant and record or other purposes; and (b) preparing and sealing any probate or letters of administration, with or without the will annexed, and any order to the Public Trustee to administer; and (c) sealing any probate or letters of administration, with or without the will annexed, exemplification or other document under section 17 of the Administration and Probate Act 1919. | |||
| 4 | For the entry or withdrawal of a caveat, for a warning to a caveat or for service of a warning to a caveat sent by the Registrar through the post | $35.00 | |
| 5 | On entering an appearance—for 1 or more persons | $61.00 | |
| 6 | For sealing a citation or a subpoena | $35.00 | |
| 7 | For a search for a will or other document filed in the Registry and the issue of a search copy (inclusive fee) | $20.70 | |
| and, in addition, for handling a search by post—in respect of each will or other document | $2.30 | ||
| 8 | For depositing the will of a deceased person in the Registry— | ||
| (a) for safe custody on renunciation of executor (inclusive fee) | $35.00 | ||
| (b) under the Crown Lands Act 1929 (inclusive fee) | $35.00 | ||
| 9 | For depositing the will or codicil of a living person for safe custody in the Registry under section 13 of the Administration and Probate Act 1919 (inclusive fee) | $117.00 | |
| Note— This fee is not payable on an application under section 16 of the Administration and Probate Act 1919. | |||
| 10 | On sealing a summons without notice or an inter partes summons | $295.00 | |
| 11 | On sealing any other summons | $57.00 | |
| Note— The fee under clause 10 or 11 is not payable where a fee under clause 1 is payable. | |||
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Supreme Court Regulations 2005 were revoked by Sch 3 of the Supreme Court Regulations 2018 on 13.2.2018.
Legislation revoked by principal regulations
The Supreme Court Regulations 2005 revoked the following:
Supreme Court (Fees) Regulations 1999
Supreme Court (Probate Fees) Regulations 1999
Supreme Court Regulations 2005 (see Gazette 24.2.2005 p535)
Principal regulations and variations
Year No Reference Commencement 2005 104 Gazette 26.5.2005 p1545 1.7.2005: r 2 2006 143 Gazette 15.6.2006 p1886 1.7.2006: r 2 2007 18 Gazette 8.3.2007 p748 8.7.2007: r 2 2007 94 Gazette 7.6.2007 p2395 1.7.2007: r 2 2008 88 Gazette 5.6.2008 p2018 1.7.2008: r 2 2009 105 Gazette 4.6.2009 p2526 1.7.2009: r 2 2010 131 Gazette 10.6.2010 p2958 1.7.2010: r 2 2011 145 Gazette 9.6.2011 p2391 1.7.2011: r 2 2011 239 Gazette 17.11.2011 p4630 17.3.2012: r 2 2012 144 Gazette 31.5.2012 p2528 1.7.2012: r 2 2013 118 Gazette 6.6.2013 p2281 1.7.2013: r 2 2014 129 Gazette 19.6.2014 p2638 1.7.2014: r 2 2015 26 Gazette 5.3.2015 p915 29.3.2015: r 2 2015 75 Gazette 18.6.2015 p2589 1.7.2015: r 2 2016 10 Gazette 4.2.2016 p375 28.2.2016: r 2 2016 150 Gazette 23.6.2016 p2397 1.7.2016 except Pt 3 (r 5)—1.9.2016: r 2 2016 270 Gazette 1.12.2016 p4582 4.12.2016: r 2 2017 56 Gazette 16.5.2017 p1291 1.7.2017: r 2 2017 157 Gazette 22.6.2017 p2422 1.7.2017: r 2 2017 269 Gazette 12.9.2017 p4002 1.10.2017: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2006 r 3 corporation inserted by 145/2011 r 4(1) 1.7.2011 gross value inserted by 10/2016 r 4 28.2.2016 not-for-profit organisation inserted by 145/2011 r 4(1) 1.7.2011 prescribed corporation inserted by 145/2011 r 4(1) 1.7.2011 small business inserted by 145/2011 r 4(2) 1.7.2011 subsidiary inserted by 145/2011 r 4(2) 1.7.2011 r 4 varied by 18/2007 r 4 8.7.2007 varied by 239/2011 r 4 17.3.2012 varied by 26/2015 r 4 29.3.2015 (c) deleted by 56/2017 r 4 1.7.2017 r 5 r 5(1a) and (1b) inserted by 269/2017 r 4 1.10.2017 r 6 r 6(3) inserted by 10/2016 r 5 28.2.2016 Sch 1 substituted by 143/2006 r 4 1.7.2006 substituted by 94/2007 r 4 1.7.2007 substituted by 88/2008 r 4 1.7.2008 substituted by 105/2009 r 4 1.7.2009 substituted by 131/2010 r 4 1.7.2010 substituted by 145/2011 r 5 1.7.2011 substituted by 144/2012 r 4 1.7.2012 substituted by 118/2013 r 4 1.7.2013 substituted by 129/2014 r 4 1.7.2014 substituted by 75/2015 r 4 1.7.2015 substituted by 150/2016 r 4 1.7.2016 substituted by 157/2017 r 4 1.7.2017 Sch 1 varied by 150/2016 r 5 1.9.2016 varied by 270/2016 r 4(1)—(3) 4.12.2016 varied by 269/2017 r 5(1), (2) 1.10.2017 Sch 2 substituted by 143/2006 r 4 1.7.2006 substituted by 94/2007 r 4 1.7.2007 substituted by 88/2008 r 4 1.7.2008 substituted by 105/2009 r 4 1.7.2009 substituted by 131/2010 r 4 1.7.2010 substituted by 145/2011 r 5 1.7.2011 substituted by 144/2012 r 4 1.7.2012 substituted by 118/2013 r 4 1.7.2013 substituted by 129/2014 r 4 1.7.2014 substituted by 75/2015 r 4 1.7.2015 varied by 10/2016 r 6 28.2.2016 substituted by 150/2016 r 4 1.7.2016 varied by 270/2016 r 5(1)—(3) 4.12.2016 substituted by 157/2017 r 4 1.7.2017 Sch 3 omitted under Legislation Revision and Publication Act 2002 1.7.2006 Historical versions
1.7.2006 1.7.2007 (electronic only) 8.7.2007 1.7.2008 1.7.2009 1.7.2010 1.7.2011 17.3.2012 1.7.2012 1.7.2013 1.7.2014 29.3.2015 1.7.2015 28.2.2016 1.7.2016 1.9.2016 4.12.2016 1.7.2017
0
0
0