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.
Overview
The Australian Capital Territory Supreme Court (Fees) Regulations (Amendment) 1987 (Statutory Rules 1987 No. 55) amends the Australian Capital Territory Supreme Court (Fees) Regulations to address the need for updated fee structures that reflect both inflation and the operational costs of the Court. Enacted by the Australian Capital Territory, the amendments aim to bring the fees for filing documents and service of process in line with those of the Federal and Family Courts. The policy objective of these amendments is to ensure that the fees remain reflective of the economic environment and to facilitate the efficient administration of justice by offsetting the costs involved in running the Courts. The changes also bring the Supreme Court's provisions into alignment with those in other federal courts, thereby maintaining consistency in the legal system.
Scope and Application
The Australian Capital Territory Supreme Court (Fees) Regulations (Amendment) 1987 amends the existing fees related to proceedings and service of process in the Australian Capital Territory Supreme Court, aligning them with adjustments previously made to the Federal and Family Court fees. These amendments apply to any person or entity required to pay fees for filing documents or for the service or attempted service of process in the ACT Supreme Court. The regulations extend to all proceedings and services conducted within the jurisdiction of the ACT Supreme Court, with no specified exclusions beyond those for legal aid recipients and cases where payment would impose hardship. The fee adjustments, effective as of the amendment's promulgation, include an increase for filing documents, notice of motion for admission to practise, and service or attempted service of process. Notably, the term "substantial hardship" has been removed from the context of fee waivers, thereby aligning the ACT Supreme Court's provisions with those of the Federal and Family Courts. Additionally, the regulations include minor formal amendments and updates, such as the substitution of references to updated court names and formatting changes to improve readability.
Key Provisions
The Australian Capital Territory Supreme Court (Fees) Regulations (Amendment) (Statutory Rules 1987 No. 55) introduces amendments to the existing regulations concerning court fees, primarily increasing the fees for filing documents and serving process in the ACT Supreme Court. The primary amendments are detailed in Regulation 3, which adjusts the fees payable for filing documents and service of process. Specifically, the fee for filing a document to commence proceedings has been increased from $115 to $180, the fee for filing a notice of motion for admission to practise has increased from $75 to $100, and the fee for service or attempted service of process has risen from $15 to $20.
These amendments are intended to align the ACT Supreme Court fees more closely with those of the Federal and Family Courts, reflecting both consumer price index increases since 1982 and additional revenue requirements for operating the Courts. Regulation 4 ensures that if a request for service of process is made before the fee increase takes effect but service is performed after the increase, the applicable fee is the one in effect at the time of service.
The obligations imposed by these regulations include the requirement for parties to pay the increased fees for filing and service of process. Furthermore, the amendments streamline the conditions under which fees may be waived by removing the term “substantial” from the hardship clause in Regulation 2(4)(b). This change aligns the ACT Supreme Court with the Federal and Family Courts, simplifying the process for fee waivers by removing the need to demonstrate “substantial” hardship.
There are no specific offences or penalties mentioned in the explanatory statement for failing to comply with the new fee provisions. However, non-compliance with court fee regulations may generally lead to procedural consequences, such as delays in processing filings or service of process, depending on the discretion of the court and its officers. Additionally, while the statement does not explicitly outline criminal or civil penalties for non-compliance, any failure to adhere to court requirements could potentially result in adverse judgments or orders against the non-compliant party, impacting their legal proceedings.