Statutory Rules
1980 No. 63
REGULATIONS UNDER THE AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 19331
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Capital Territory Supreme Court Act 1933.
Dated this twentieth day of March 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
P. DURACK
Attorney-General
Australian Capital Territory Supreme Court (Fees) Regulations
Citation
1. These Regulations may be cited as the Australian Capital Territory Supreme Court (Fees) Regulations.
Fees
2. (1) Subject to this regulation, the fees payable in respect of proceedings in the Court or the service or execution of the process of the Court by officers of the Court are the fees respectively specified in the Schedule in respect of the matters in relation to which they are so specified.
(2) A fee is not payable under this regulation upon the filing of a document relating to —
(a) an appeal to the Court from a judgment or an order of another Court;
(b) an appeal to the Court from a decision of a body established by an Ordinance;
(c) a proceeding commenced in pursuance of an Ordinance (other than the Court of Petty Sessions Ordinance 1930) and relating to a decision made, or action taken, by a person or body under that Ordinance;
(d) a proceeding under the Adoption of Children Ordinance 1965;
(e) a proceeding under Part V of the Legal Practitioners Ordinance 1970;
(f) a matter that has been remitted to the Court by the High Court in pursuance of section 44 of the Judiciary Act 1903;
(g) a proceeding in respect of a criminal matter;
(h) a proceeding in respect of which a Convention to which Australia is a party provides that a fee shall not be payable; or
(i) an application to the Court or a Judge for a direction to the Registrar that he issue a certificate in accordance with sub-regulation (4).
(3) A document shall not be filed in the Registry of the Court unless the fee (if any) payable upon or in respect of the filing has been paid.
(4) A fee that, but for this sub-regulation, would be payable under this regulation is not payable if the Registrar issues a certificate to the person who would otherwise be required to pay the fee certifying —
(a) that that person is —
(i) a legally assisted person within the meaning of the Legal Aid Ordinance 1977 of the Territory; or
(ii) a person to whom legal aid has been granted from a legal aid scheme or service approved by the Attorney-General; or
(b) that the payment of the fee would impose substantial hardship on that person.
Application
3. These Regulations apply to and in relation to —
(a) a proceeding commenced in the Court on or after 1 April 1980; and
(b) the service or execution of the process of the Court issued or granted on or after that date.
Schedule Regulation 2
FEES TO BE TAKEN BY OFFICERS OF THE COURT
| | $ |
1. | On filing a document whereby a proceeding in the Court (other than a motion referred to in item 2 or an incidental proceeding in the course of, or in connection with, a proceeding) is commenced | 90.00 |
2. | On filing a notice of motion for admission to practise under the Legal Practitioners Ordinance 1970 | 60.00 |
3. | For each request for a copy or copies of a document or documents (regardless of the number of documents to which the request relates) | 0.50 |
4. | For each page included in a copy furnished in accordance with a request referred to in item 3 | 0.15 |
5. | For each service or attempted service of process | 12.00 |
6. | For executing, or attempting to execute, the process of the Court, an amount equal to the amount of any expenses reasonably incurred in executing, or attempting to execute, the process of the Court. | |
NOTE
1. Notified in the Commonwealth of Australia Gazette on 26 March 1980.
Overview
The Australian Capital Territory Supreme Court (Fees) Regulations were made in 1980 under the Australian Capital Territory Supreme Court Act 1933. These regulations were enacted by the Governor-General, acting on advice from the Federal Executive Council, to establish the fees for various proceedings and processes within the Australian Capital Territory Supreme Court. The objective of these regulations is to standardise the fees associated with court filings and services, thereby ensuring consistency and fairness in the charges applicable to litigants and other users of the court system. This legislative instrument aims to streamline the administration of court fees, making it clear what charges are applicable and under what circumstances they may be waived or reduced. The regulations cover a range of scenarios, from the filing of initial documents to the execution of court processes, and include provisions for fee exemptions in certain cases, such as appeals from other courts or where substantial hardship would be incurred by the payer.
Scope and Application
The Australian Capital Territory Supreme Court (Fees) Regulations, made under the Australian Capital Territory Supreme Court Act 1933, specify the fees applicable for various proceedings and services rendered by officers of the Court, effective from 1 April 1980. These regulations outline specific fees for actions such as filing documents to initiate proceedings, applying for admission to practise, obtaining copies of documents, serving process, and executing Court processes. Notably, certain filings are exempt from fees, including appeals from other courts or decisions, specific types of proceedings, and instances where a fee would cause substantial hardship to the applicant. The regulations are applicable to proceedings and services executed on or after 1 April 1980, and the fees are detailed in the accompanying Schedule.
Key Provisions
The Australian Capital Territory Supreme Court (Fees) Regulations, made under the Australian Capital Territory Supreme Court Act 1933, set out the fees payable for proceedings in the Court and the service or execution of the Court's process by its officers (reg 2(1)). These fees are specified in the Schedule to the Regulations. Notably, certain proceedings and filings are exempt from fees, including appeals to the Court, proceedings relating to certain Ordinances, and matters remitted to the Court by the High Court (reg 2(2)). Additionally, fees are waived for legally assisted persons, those granted legal aid, or where payment would impose substantial hardship (reg 2(4)). The Regulations also stipulate that no document shall be filed unless the required fee has been paid (reg 2(3)).
The Regulations impose several obligations on parties involved in proceedings before the Court. Primarily, they require the payment of specified fees for various actions such as filing documents to commence a proceeding, filing a notice of motion for admission to practise, and for requests for copies of documents or their service (Schedule items 1, 2, 3, 4, and 5). Additionally, the Court must issue a certificate to exempt a party from paying a fee if they are a legally assisted person, have been granted legal aid, or if payment would cause substantial hardship (reg 2(4)). These obligations ensure that the Court can manage its administrative processes efficiently while also providing relief to those who may face financial difficulties.
Breach of the Regulations, particularly the requirement to pay fees where applicable, can result in civil consequences. For instance, failure to pay the specified fees when filing documents could lead to the Court refusing to accept the document for filing (reg 2(3)). This could, in turn, delay or prevent the progression of a case. Additionally, the Regulations do not explicitly outline criminal penalties for non-compliance, but failure to adhere to the stipulated procedures could result in the Court taking appropriate action under its inherent jurisdiction to manage its proceedings effectively. It is essential for parties to comply with these fee requirements to avoid any disruptions to their legal matters.