EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY SUPREME
COURT ACT 1933
AUSTRALIAN CAPITAL TERRITORY SUPREME COURT (FEES) REGULATIONS (AMENDMENT)
(Statutory Rules 1987 No. 55)
Section 29 of the Australian Capital Territory Supreme Court Act 1933 provides that the Governor-General may make regulations -
(a) prescribing the fees or other payments to be paid to officers of the Court in respect of proceedings in the Court, or of the service or execution of the process of the Court by officers of the Court; and
(b) making provision, not inconsistent with this Act, necessary or convenient to be made for and in relation to the payment or remission of any such fees or other payments.
The purpose of these Regulations is to amend the Australian Capital Territory Supreme Court (Fees) Regulations to increase the fees payable for filing of documents in the ACT Supreme Court and for service of process of the Court.
The existing fees have been in force since 4 October 1982. The Regulations (regulation 3) increase the Court fee payable for the filing of a document commencing proceedings from $115 to $180, for filing notice of motion for admission to practise from $75 to $100 and for service or attempted service of process from $15 to $20.
The increases equate with those made to the Federal and Family Court fees in 1985. Those increases included a component attributable to Consumer Price Index increases from October 1982 and an additional revenue component to offset, to some extent, costs involved in running the Courts.
Court fees are not payable in the Supreme Court where a litigant is in receipt of legal aid or where payment of the fee would impose substantial hardship. The word ‘substantial’ is deleted by the Regulations to bring the Supreme Court provision into line with that applicable in the Federal and Family Courts.
The Regulations also make a number of minor formal amendments to the Regulations.
Details of the Regulations are as follows:
Regulation 1 provides that “Principal Regulations” means the Australian Capital Territory Supreme Court (Fees) Regulations.
Regulation 2 provides that the Principal Regulations are amended as set out in the Schedule to the amending Regulations.
Regulation 3 provides for the fees to be increased as outlined above.
Regulation 4 provides that where a request for service of process is made before the increase comes into effect, but service is effected or attempted after the increase comes into effect, the fee payable is the fee applicable before the increase.
The Schedule amends the Principal Regulations -
(a) by substituting a reference in paragraph 2(2)(c) to the Magistrates Court Ordinance 1930 for the reference to the Court of Petty Sessions Ordinance 1930, This is consequential upon the change of the name of the Court and the Ordinance establishing it;
(b) by converting several references to years to italicized print; and
(c) by substituting the word “hardship” for the words “substantial hardship” in paragraph 2(4)(b). This amendment relates to the power of the Registrar to waive fees. The word “substantial” was removed from similar provisions in the Family Law Regulations in 1979 and from similar provisions in the Federal Court Regulations in 1983.