Untitled document

Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 2005

S.R. No. 104/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Fees for commencement of civil proceedings

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 104/2005

Magistrates' Court Act 1989

Magistrates' Court (Fees, Costs and Charges) (Amendment) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 30 August 2005

Responsible Minister:

ROB HULLS
Attorney-General

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to increase fees for the commencement of civil proceedings in the Magistrates' Court if the amount claimed exceeds $40 000.

2.Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3.Commencement

These Regulations come into operation on 1 September 2005.

4.Fees for commencement of civil proceedings

In regulation 7 of the Magistrates' Court (Fees, Costs and Charges) Regulations 2001[1], for item 4(c) in the Table substitute—

"(c)  where the amount claimed exceeds $10 000 but does not exceed $40 000	19·6 fee units
(d)   where the amount claimed exceeds $40 000	29·4 fee units".

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ENDNOTES

[1] Reg. 4: S.R. No. 68/2001 as amended by S.R. Nos 54/2003 and 88/2004.

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Fee Units

These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2005, is $10.49.  The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004.  The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.