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

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Revocation 15 Definitions 26 Application of these Regulations to criminal proceedings 37 When fees are payable 38 Payment of hearing fees 39 Fees 310 Expiry 4

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SCHEDULE—Fees 5

PART 1—FEES PAYABLE IN THE PROTHONOTARY'S OFFICE 5

PART 2—FEES PAYABLE IN THE OFFICE OF THE REGISTRAR OF PROBATES 9

PART 3—FEES APPLICABLE TO ALL OFFICES OF THE COURT 11

PART 4—APPLICATIONS AND ENFORCEMENT PROCESS 12

PART 5—FEES PAYABLE IN THE COSTS COURT FOR COMMENCEMENT OF PROCEEDINGS 13

═══════════════ENDNOTES 14

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STATUTORY RULES 2012

S.R. No. 145/2012

Supreme Court Act 1986

Supreme Court (Fees) Regulations 2012

The Governor in Council makes the following Regulations:

Dated: 11 December 2012

Responsible Minister:

ROBERT CLARKAttorney-General

MATTHEW McBEATHClerk of the Executive Council

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;

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(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.

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 20049;

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

Chapter V means the Supreme Court (Corporations) Rules 200311;

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;

Commercial List means Lists A to E of the Commercial Court;

hearing fee means the fee payable for a hearing under item 1.15 of the Schedule.


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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) 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 Court.

9 Fees


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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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SCHEDULE

FEES

PART 1—FEES PAYABLE IN THE PROTHONOTARY'S OFFICE

COMMENCEMENT OF PROCEEDINGS

1.1 Commencement of any proceeding (other than an appeal) under Chapter I, Chapter II, Chapter IV, Chapter V, 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

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


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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, including the Court of Appeal 27·3 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 into a list (other than the Technology, Engineering and Construction List, the Judicial Review and Appeals List, the Personal Injuries List or the Commercial List of the Commercial Court) including the first day hearing fee 88·5 fee units

1.12 Entering a proceeding into the Technology, Engineering and Construction List or the Commercial List of the Commercial Court 190·6 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; or

(c) Chapter V


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1.14 No fee is payable on entering a proceeding into the Judicial Review and Appeals List or the Personal Injuries List.

HEARING FEES

1.15 For hearing an appeal by the Court of Appeal or 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

1.17 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

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


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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.

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

2.1 Posting on the Court's website a notice to apply for a grant of representation under Rule 2A.03 or Rule 4A.03 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;

(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;


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(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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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

Endnotes


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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. 54/2004. Reprint No. 1 as at 28 February 2011. Reprinted to S.R. No. 44/2009.

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. 107/2003. Reprint No. 1 as at 17 December 2008. Reprinted to S.R. No. 117/2008. Subsequently amended by S.R. Nos 43/2009, 44/2009, 97/2009, 83/2010 and 121/2012.

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.

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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 2012 is $12.53. 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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