Untitled document

Supreme Court (Fees) Further Amendment Regulations 2009

S.R. No. 70/2009

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Commencement of proceedings and interlocutory applications

5List names substituted

6References to "Master" updated

═══════════════

ENDNOTES

STATUTORY RULES 2009

S.R. No. 70/2009

Supreme Court Act 1986

Supreme Court (Fees) Further Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 23 June 2009

Responsible Minister:

ROB HULLS
Attorney-General

DANIELLE KIDD

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Supreme Court (Fees) Regulations 2001—

(a)to update references due to the establishment of new Lists of the Supreme Court; and

(b)to update references to "Master" with references to "Associate Judge" following the passage of the Courts Legislation Amendment (Associate Judges) Act 2008; and

(c)to provide that no fee is payable for proceedings commenced under Order 23 of Chapter II (referrals under the Charter of Human Rights and Responsibilities).

2Authorising provision

These Regulations are made under section 129 of the Supreme Court Act 1986.

3Commencement

These Regulations come into operation 1 July 2009.

4Commencement of proceedings and interlocutory applications

(1)In Schedule 2 to the Supreme Court (Fees) Regulations 2001[1] for item 1.1(b) substitute—

"(b)Order 5, Order 6, Part 2 of Order 7, Order 12 or Order 23 of Chapter II; or".

(2)In Schedule 2 to the Supreme Court (Fees) Regulations 2001 for item 1.5(b) substitute—

"(b)Order 5, Order 6, Part 2 of Order 7, Order 12 or Order 23 of Chapter II; or".

5List names substituted

(1)For item 1.7 of Schedule 2 to the Supreme Court (Fees) Regulations 2001 substitute—

"1.7 Setting down or otherwise entering a proceeding into a list (other than the Technology, Engineering and Construction List, the Judicial Review and Appeals List, the Personal Injuries List or the Commercial List of the Commercial Court) including the first day hearing fee. No fee is payable on entering a proceeding into a list under— (a)   Parts 4, 5 and 6 of Order 58 and Rule 75.05 of Chapter I; or (b)  Part 2 of Order 7 of Chapter II; or (c)   Chapter V; or (d) section 92 of the Magistrates' Court Act 1989. No fee is payable on entering a proceeding into the Judicial Review and Appeals List or the Personal Injuries List.".







61×8 fee units

(2)In item 1.8 of Schedule 2 to the Supreme Court (Fees) Regulations 2001 after "Commercial List" insert "of the Commercial Court".

6References to "Master" updated

(1)In item 1.3 of Schedule 2 to the Supreme Court (Fees) Regulations 2001 for "a Master" (where twice occurring) substitute "an Associate Judge".

(2)In item 1.12 of Schedule 2 to the Supreme Court (Fees) Regulations 2001—

(a)for "a Master or court official" (where twice occurring) substitute "an Associate Judge or a court official";

(b)for "the Master " (where twice occurring) substitute "the Associate Judge";

(c)for "A Master or court official" substitute "An Associate Judge or a court official".

═══════════════

ENDNOTES

[1] Reg. 4(1): S.R. No. 159/2001 as amended by S.R. Nos 52/2003, 88/2004 and 15/2009.