supreme court (fees) regulations 2012file/12-145sr004.docx · web viewthe value of a fee unit for...

Version No. 004

Supreme Court (Fees) Regulations 2012S.R. No. 145/2012

Version incorporating amendments as at22 September 2014

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Revocation 15 Definitions 26 Application of these Regulations to criminal proceedings 47 When fees are payable 48 Payment of hearing fees 48A Payment of setting down and entry to list fees 59 Fees 510 Expiry 5

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SCHEDULE—FEES 6

PART 1—FEES PAYABLE IN THE PROTHONOTARY'S OFFICE AND COURT OF APPEAL REGISTRY OTHER THAN FEES IN THE COMMERCIAL COURT 6

PART 1A—FEES PAYABLE IN THE COMMERCIAL COURT 10

PART 2—FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF PROBATES 13

PART 3—FEES APPLICABLE TO ALL OFFICES OF THE COURT 15

PART 4—APPLICATIONS AND ENFORCEMENT PROCESS 16

PART 5—FEES PAYABLE IN THE COSTS COURT FOR COMMENCEMENT OF PROCEEDINGS 17

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1

ENDNOTES 18

1. General Information 18

2. Table of Amendments 19

3. Explanatory Details 20

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Version No. 004


Version incorporating amendments as at22 September 2014

1 Objective

The objective of these Regulations is to prescribe the fees payable in respect of matters in the Supreme Court.

2 Authorising provision

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

3 Commencement

These Regulations come into operation on 16 December 2012.

4 Revocation

The following Regulations are revoked—

(a) the Supreme Court (Fees) Regulations 20011;

(b) the Supreme Court (Fees) (Amendment) Regulations 20032;

(c) the Supreme Court (Fees) Amendment Regulations 20093;

(d) the Supreme Court (Fees) (List Amendment) Regulations 20094;

(e) the Supreme Court (Fees) Further Amendment Regulations 20095;

(f) the Supreme Court (Fees) Amendment (Costs Court) Regulations 20096.

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5 Definitions

In these Regulations—

Chapter I means the Supreme Court (General Civil Procedure) Rules 20057;

Chapter II means the Supreme Court (Miscellaneous Civil Proceedings) Rules 20088;

Chapter III means the Supreme Court (Administration and Probate) Rules 20149;

Chapter IV means the Supreme Court (Adoption) Rules 200510;

Chapter V means the Supreme Court (Corporations) Rules 201311;

Chapter VI means the Supreme Court (Criminal Procedure) Rules 200812;

Chapter VII means the Supreme Court Admiralty Rules 201013;

Chapter VIII means the Supreme Court (Intellectual Property) Rules 200614;

commencement of an appeal includes an application for leave to appeal;

* * * * *

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r. 5

Reg. 5 def. of Chapter III amended by S.R. No. 123/2014 reg. 5(1)(a).

Reg. 5 def. of Chapter V amended by S.R. No. 123/2014 reg. 5(1)(b).

Reg. 5 def. of commence-ment of an appeal inserted by S.R. No. 123/2014 reg. 5(2).

Reg. 5 def. of Commercial List substituted by S.R. No. 1/2013 reg. 3, revoked by S.R. No. 123/2014 reg. 5(1)(c).

entry to list fee means the fee payable for entry of a matter into a list under item 1.11 or 1A.8 of the Schedule;

excluded proceeding means—

(a) a proceeding under Chapter V where, in accordance with that Chapter, application is made to an Associate Judge or a judicial registrar in the first instance; or

(b) a proceeding in the Arbitration List;

hearing fee means the fee payable for a hearing under item 1.15, 1.16A, 1A.11, 1A.12 or 1A.13 of the Schedule;

Judge managed list of the Commercial Court means the following—

(a) the Admiralty List;

(b) the Arbitration List;

(c) the Commercial List;

(d) the Corporations List;

(e) the Intellectual Property List;

(f) the Taxation List;

(g) the Technology, Engineering and Construction List (TEC List);

(h) any other list in the Commercial Court managed by a Judge of the Court;

setting down fee means the fee payable for setting a matter down for hearing under item 1.11, 1.12 and 1A.10 of the Schedule.

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Reg. 5 def. of entry to list fee inserted by S.R. No. 123/2014 reg. 5(2).

Reg. 5 def. of excluded proceeding inserted by S.R. No. 123/2014 reg. 5(2).

r. 5

Reg. 5 def. of hearing fee substituted by S.R. No. 123/2014 reg. 5(1)(d).

Reg. 5 def. of Judge managed list of the Commercial Court inserted by S.R. No. 123/2014 reg. 5(2).

Reg. 5 def. of setting down fee inserted by S.R. No. 123/2014 reg. 5(2).

6 Application of these Regulations to criminal proceedings

No fee is payable under these Regulations in respect of—

(a) a matter which is a criminal proceeding; or

(b) a matter arising from a criminal proceeding; or

(c) a matter to which Chapter VI applies.

7 When fees are payable

A fee prescribed by these Regulations (other than a hearing fee, a setting down fee or an entry to list fee) is payable—

(a) subject to paragraph (b), when—

(i) the relevant document is filed; or

(ii) the relevant service is rendered;

(b) if a court official who is requested to file a document or render a service requires it to be paid before the document is filed or the service is rendered, at the time of the request.

8 Payment of hearing fees

(1) Subject to any order of the Court and subregulation (2), a hearing fee in relation to any proceeding is payable by the plaintiff or other party seeking the hearing.

(2) A hearing fee is not payable if the sole purpose of the hearing is the delivery of a reserved judgment.

(3) A hearing fee must be paid by the date specified in the written notice of hearing issued by the

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r. 6

Reg. 7 amended by S.R. No. 123/2014 reg. 6.

Reg. 8(3) amended by S.R. No. 123/2014 reg. 7.

Court or, if no notice is issued, by the day of hearing.

8A Payment of setting down and entry to list fees

(1) Subject to any order of the Court, a setting down fee or an entry to list fee in relation to any proceeding is payable by the plaintiff or other party seeking the hearing or the entry of a matter to a list.

(2) A setting down fee must be paid—

(a) on the filing of the notice of trial; or

(b) if no notice of trial is required, within 28 days of the order setting the matter down for trial.

(3) An entry to list fee must be paid at the time the matter is entered into the relevant list.

9 Fees

The fees payable in respect of matters in the Supreme Court are the fees set out in the Schedule.

10 Expiry

These Regulations expire on 15 December 2017.

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Reg. 8A inserted by S.R. No. 123/2014 reg. 8.

r. 8A

SCHEDULE

FEES

PART 1—FEES PAYABLE IN THE PROTHONOTARY'S OFFICE AND COURT OF APPEAL REGISTRY OTHER

THAN FEES IN THE COMMERCIAL COURT

The fees in this Part apply in relation to all proceedings in the Court except—

(a) any proceeding in the Commercial Court under Part 1A; and

(b) fees payable in the office of the Registrar of Probates under Part 2.

COMMENCEMENT OF PROCEEDINGS

1.1 Commencement of any proceeding (other than an appeal) under Chapter I, Chapter II, Chapter VII or Chapter VIII 74·9 fee units

1.2 No fee is payable on commencement of a proceeding under—

(a) Order 57 or Rule 75.06 or 81.01 of Chapter I; or

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

(c) Chapter IV

1.3 Commencement of—

(a) a counterclaim under Order 10 of Chapter I; or

(b) a third party proceeding; or

(c) a claim by a third or subsequent party under Order 11 of Chapter I 74·9 fee units

1.4 Commencement of an appeal from Associate Judge—

(a) to the Court of Appeal; 257·5 fee units

(b) to a single Judge 27·3 fee units

Sch.

Sch. Pt 1 amended by S.R. No. 123/2014 reg. 9.


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1.5 Commencement of an appeal (other than from an Associate Judge)—

(a) to the Court of Appeal; 257·5 fee units

(b) other than to the Court of Appeal 74·9 fee units

1.6 No fee is payable on commencement of an appeal under Part 4, 5 or 6 of Order 58 of Chapter I

1.7 Filing a certificate under section 86(4) of the County Court Act 1958 or section 112(2) of the Magistrates' Court Act 1989 27·3 fee units

INTERLOCUTORY APPLICATIONS

1.8 Commencement of an interlocutory application within a proceeding, other than in the Court of Appeal 27·3 fee units

1.8A Commencement of an interlocutory application within a proceeding in the Court of Appeal 60 fee units

1.9 No fee is payable on commencement of an interlocutory application in a proceeding under—

(a) Rule 75.06 or 81.01 of Chapter I; or

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

(c) Chapter IV

JUDGMENTS IN DEFAULT

1.10 Filing judgment in default of appearance or defence 27·3 fee units

ENTRY INTO LIST

1.11 Setting down or otherwise entering a proceeding (other than an appeal to the Court of Appeal) into a list 88·5 fee units

NoteThe setting down fee includes the fee for the first day of hearing

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1.12 Setting down an appeal to the Court of Appeal 154 fee units


1.13 No fee is payable on entering a proceeding into a list under—

(a) Parts 4, 5 or 6 of Order 58 or Rule 75.06 of Chapter I; or

(b) Part 2 of Order 7 of Chapter II

* * * * *

1.14 No fee is payable on entering a proceeding into the Judicial Review and Appeals List, the Personal Injuries List, the Major Torts List, the Professional Liability List or the Probate List

HEARING FEES

1.15 For hearing a trial by Judge or by Judge with jury—

(a) for days 2 to 4—per day or part of a day; 46·0 fee units

(b) for days 5 to 9—per day or part of a day; 76·8 fee units

(c) for day 10 and subsequent days—per day or part of a day

128·3 fee units

1.16 No fee is payable in respect of a proceeding under Parts 4, 5 or 6 of Order 58 or Rule 75.06 of Chapter I

1.16A

For hearing an appeal by the Court of Appeal—

for day 2 and subsequent days—per day or part of a day 102 fee units

1.17 For every sitting of a court official at mediation—

for every hour or part of an hour 6·2 fee units

1.18 For every sitting of a court official at a pre-trial conference 9·3 fee units

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TAKING ACCOUNTS, ASSESSMENTS, ETC.

1.19 Attendance before an Associate Judge or a court official for the purpose of investigation, inquiry or assessment, including the taking of accounts, in respect of each day's attendance before the Associate Judge or court official—

(a) for the first hour or part of an hour the Associate Judge or court official is occupied; 29·7 fee units

(b) for each subsequent hour or part of an hour the Associate Judge or court official is occupied 14·8 fee units

ADMISSION OF BARRISTERS AND SOLICITORS

1.20 Authentication of an order for the admission of a person to practise as a barrister and solicitor of the Supreme Court 19·6 fee units

1.21 Certificate sealed by the Prothonotary that a person has been admitted to practise as a barrister and solicitor of the Supreme Court and that the person's name remains on the Roll 11·8 fee units

APPOINTMENT OF PUBLIC NOTARIES

1.22 Authentication of an order for appointment as a public notary 45·3 fee units

SEALING DOCUMENTS

1.23 Sealing any document or certificate other than—

(a) a copy required for service; or

(b) a judgment, order or warrant; or

(c) a document under Rule 7.13(1) of Chapter I; or

(d) a certificate under Rule 80.16 of Chapter I; or

(e) any document or certificate for which a separate fee is prescribed by these Regulations or any other Regulations 3·8 fee units.

Sch.


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Sch. Sch. Pt 1A inserted by S.R. No. 123/2014 reg. 10.

PART 1A—FEES PAYABLE IN THE COMMERCIAL COURT

The fees in this Part apply to any proceeding in the Commercial Court.

COMMENCEMENT OF PROCEEDINGS

1A.1 Commencement of any proceeding (other than an appeal) under Chapter I, Chapter II, Chapter V, Chapter VII or Chapter VIII 74·9 fee units

1A.2 Commencement of—

(a) a counterclaim under Order 10 of Chapter I; or

(b) a third party proceeding; or (c) a claim by a third or subsequent party

under Order 11 of Chapter I 74·9 fee units

1A.3 Commencement of an appeal to a single Judge of the Court 30 fee units

INTERLOCUTORY APPLICATIONS

1A.4 Commencement of an interlocutory application within a proceeding other than a proceeding in a Judge managed list of the Commercial Court 27·3 fee units

1A.5 Commencement of an interlocutory application within a proceeding in a Judge managed list of the Commercial Court other than an excluded proceeding 60 fee units

1A.6 Commencement of an interlocutory application within an excluded proceeding in a Judge managed list of the Commercial Court 27·3 fee units

JUDGMENTS IN DEFAULT

1A.7 Filing judgment in default of appearance or defence 27·3 fee units

ENTRY INTO LIST

1A.8 Entering a proceeding, other than an excluded

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proceeding, into a Judge managed list of the Commercial Court (including a summons for directions) 217·9 fee units

1A.9 No fee is payable for entering a proceeding under Part 2 of Order 7 of Chapter II into the Taxation List

SETTING DOWN FOR TRIAL

1A.10 For setting down a proceeding for trial 88·5 fee units


HEARING FEES

1A.11 For hearing a trial

(a) for days 2 to 4—per day or part of a day; 50 fee units

(b) for days 5 to 9—per day or part of a day; 90 fee units

(c) for day 10 and subsequent days—per day or part of a day; 140 fee units

1A.12 For hearing a public examination under Chapter V—per day or part of a day 50 fee units

1A.13 For hearing by a single Judge of an appeal—per day or part of a day 60 fee units

TAKING ACCOUNTS, ASSESSMENTS, ETC.

1A.14 Attendance before an Associate Judge, a judicial registrar or a Court official for the purpose of investigation, inquiry or assessment, including the taking of accounts, in respect of each day's attendance before the Associate Judge, judicial registrar or Court official—

(a) for the first hour or part of an hour the Associate Judge, judicial registrar or Court official is occupied; 29·7 fee units

(b) for each subsequent hour or part of an hour the Associate Judge, judicial

Sch.


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registrar or Court official is occupied 14·8 fee units

MEDIATION

1A.15 For every sitting of a Judge, an Associate Judge, a judicial registrar or a Court official at mediation—per half day or part thereof 30 fee units

SEALING DOCUMENTS

1A.16 Sealing any document or certificate other than—

(a) a copy required for service; or

(b) a judgment, order or warrant; or

(c) a document under Rule 7.13(1) of Chapter I; or

(d) a certificate under Rule 80.16 of Chapter I; or

(e) any document or certificate for which a separate fee is prescribed by these Regulations or any other Regulations

3·8 fee units

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PART 2—FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF PROBATES

Sch. Sch. Pt 2 amended by S.R. Nos 117/2013 reg. 4, 123/2014 reg. 11.

2.1 Posting on the Court's website a notice of intention to apply for—

(a) a grant of representation under Rule 2.03 or Rule 4.03 of Chapter III;

(b) the affixing of the seal of the Court to any probate, letters of administration or grant or order under Rule 5.04 of Chapter III 3·2 fee units

2.2 On filing—

(a) an application for any grant of representation—

(i) where the gross value of the estate is less than $1000; 8·8 fee units

(ii) where the gross value of the estate is $1000 or more; 22·5 fee units

(b) an originating motion under Rule 7.04(1) of Chapter III 22·5 fee units

2.3 On filing—

(a) a summons under Rule 8.07(3) of Chapter III;

(b) a summons under Rule 10.02 of Chapter III seeking commission to executors, administrators or trustees;

(c) a summons under Rule 11.02 of Chapter III seeking revocation of a grant of representation;

(d) a summons under Rule 12.02 of Chapter III seeking rectification of a will 62·8 fee units

FILING OF NOTICES

2.4 On filing—

(a) an election to administer under section 11A of the Trustee Companies Act 1984;


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(b) a notice of appointment of the Incorporated Nominal Defendant as Administrator ad litem under section 158 of the Transport Accident Act 1986;

(c) a notice requiring notification of a grant of representation;

(d) a caveat in the Probate jurisdiction;

(e) notification of application for executor's commission (Rule 10.02 of Chapter III) 14·9 fee units

PREPARATION

2.5 For preparation by the Registrar of Probates or assistant Registrar of Probates of an application in relation to a small estate 8·2 fee units

2.6 For authenticating an order amending parchment 5·7 fee units

CERTIFICATES OF REGISTRAR OF PROBATES

2.7 Certificate of Registrar of Probates verifying copy document where not done in the usual course of an application for a grant of representation 9·8 fee units

2.8 Every exemplification where not done in the usual course of an application for a grant of representation 9·8 fee units

2.9 Office copy of parchment and Will 2·3 fee units.

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PART 3—FEES APPLICABLE TO ALL OFFICES OF THE COURT

3.1 Production of a file to another Court or Tribunal 1·4 fee units

3.2 In addition to any other fee payable under these Regulations, if the Prothonotary or Registrar of Probates opens an office of the Court to provide a service referred to in these Regulations—

(a) within half an hour before the opening time (9.30 a.m.) or within half an hour after the closing time (4.00 p.m.); 3·4 fee units

(b) at any other time 76·8 fee units

3.3 Issuing a subpoena (Form 42A or Form 42AA of Chapter I) 13·0 fee units

3.4 For searching a database, inspecting a register, retrieving a document or accessing any material filed, lodged or produced to or held by the Court, for each request 1·7 fee units

3.5 If the search, inspection, retrieval or accessing referred to in item 3.4 involves the retrieval of files held offsite an additional fee of 1 fee unit per file

3.6 For photocopying or printing any document 60c per page.

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PART 4—APPLICATIONS AND ENFORCEMENT PROCESS

4.1 For filing an application for examination of a debtor (Rule 67.02 of Chapter I) 14·7 fee units

4.2 For filing an application under section 6 or 8 of the Judgment Debt Recovery Act 1984 1·7 fee units

4.3 For filing an application for registration of an interstate judgment 4·9 fee units.

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Sch.


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PART 5—FEES PAYABLE IN THE COSTS COURT FOR COMMENCEMENT OF PROCEEDINGS

5.1 Commencement of a proceeding in the Costs Court under Rule 63.38 of Chapter I—

(a) where the costs relate to a proceeding in the Supreme Court; 27·3 fee units

(b) where the costs relate to a proceeding in the County Court; 21·8 fee units

(c) where the costs relate to a proceeding in the Magistrates' Court; 21·8 fee units

(d) where the costs relate to a proceeding in VCAT 12·9 fee units

5.2 No fee is payable on commencement of any proceeding under Rule 63.64 of Chapter I.

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ENDNOTES

1. General InformationThe Supreme Court (Fees) Regulations 2012, S.R. No. 145/2012 were made on 11 December 2012 by the Governor in Council under section 129 of the Supreme Court Act 1986, No. 110/1986 and came into operation on 16 December 2012: regulation 3.

The Supreme Court (Fees) Regulations 2012 will expire on 15 December 2017: see regulation 10.

Endnotes


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2. Table of AmendmentsThis Version incorporates amendments made to the Supreme Court (Fees) Regulations 2012 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Supreme Court (Fees) Amendment Regulations 2013, S.R. No. 1/2013Date of Making: 29.1.13Date of Commencement: 29.1.13

Supreme Court (Fees) Further Amendment Regulations 2013, S.R. No. 117/2013Date of Making: 24.9.13Date of Commencement: 26.10.13: reg. 3

Supreme Court (Fees) Amendment Regulations 2014, S.R. No. 123/2014Date of Making: 16.9.14Date of Commencement: 22.9.14: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes


19

3. Explanatory Details

Endnotes


20

1 Reg. 4(a): S.R. No. 159/2001. Reprint No. 1 as at 28 February 2011. Reprinted to S.R. No. 163/2009. Subsequently extended in operation by S.R. No. 142/2011.

2 Reg. 4(b): S.R. No. 52/2003.3 Reg. 4(c): S.R. No. 15/2009.4 Reg. 4(d): S.R. No. 51/2009.5 Reg. 4(e): S.R. No. 70/2009.6 Reg. 4(f): S.R. No. 163/2009.7 Reg. 5 definition of Chapter I: S.R. No. 148/2005. Reprint No. 4

as at 17 September 2012. Reprinted to S.R. No. 97/2012. Subsequently amended by S.R. Nos 39/2012 and 121/2012.

8 Reg. 5 definition of Chapter II: S.R. No. 94/2008. Reprint No. 1 as at 1 April 2012. Reprinted to S.R. No. 109/2009.

9 Reg. 5 definition of Chapter III: S.R. No. 10/2014.10 Reg. 5 definition of Chapter IV: S.R. No. 133/2005 as amended by

S.R. No. 100/2008.11 Reg. 5 definition of Chapter V: S.R. No. 112/2013.12 Reg. 5 definition of Chapter VI: S.R. No. 12/2008. Reprint No. 1 as at 28 February 2011. Reprinted to S.R. No.

6/2011. Subsequently amended by S.R. Nos 120/2011 and 39/2012.13 Reg. 5 definition of Chapter VII: S.R. No. 24/2010.14 Reg. 5 definition of Chapter VIII: S.R. No. 163/2006 as amended by

S.R. No. 100/2008.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of 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 2014 is $13.24. 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.

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