ScaleFees

Civil Procedure Act, 2005
Current Scale of Fees

These are the fees to be paid to the Registrar of the Local Court pursuant to part 2 rule 2
from 1st July, 2010

FILING FEES:

1. Filing a Statement of Claim, Notice of Cross Claim or Third Party Notice:-
. . a. Where the amount of the claim is $0.01 to $10,000.00 ........... $86 ($172 - for a Corporation) Small Claims Division
. .. b. Where the amount of the claim is $10,000.01 to $100,000.00 ... $212 ($424 - for a Corporation) General Division

1A. Filing a Notice of Motion (General Purpose).............................$74 ($148 - for a Corporation)

2. Filing a certificate or certified copy of conviction or order..............$80.00 ($160 - for a Corporation)

3. Filing an application to re-hear an Arbitrated action.......................$369 ($738 - for a Corporation)

4. Filing an application for a Certified Copy of Judgment...................$53.00

5. Filing an Application Notice commencing action ...........................$81.00
(Pursuant to Part 4 of the Local Courts Act, 2007)

6. Filing a subpoena ........................................................................$72 ($144 - for a Corporation)

7. The court accepting documents under subpoena .........................$72 ($144 - for a Corporation)

8. Filing Notice of Motion for Examination Order ............................$72 ($144 - for a Corporation)
9. Abolished

SERVICE & EXECUTION FEES:

10.Service of Statement of Claim by the court by post (each address)...$36

11.Service of a document by the Sheriff's Officer (each address).........$58 **
Note: This fee includes GST of $5.09. See below.

12.Execution of a Warrant to Apprehend a Judgment Debtor .............$72
(each address and attempt made)

13.Execution of a Writ of Execution or Delivery by Sheriff's Officer .....$72
(each address and attempt made)

14.Levy on execution of a Writ of Execution by the Sheriff's Officer .....3%
of amount collected (added to the debt)

15. Expenses incurred in executing a writ or summons ................. the reasonable costs actually incurred (usually $50 flate rate but more for towing a vehicle or special disassembly, transport or handling costs, etc.)

16.Sheriff's fee for preparing for sale of land under a Writ of Exectution..$733

*TIP: some Notices of Cross Claim (e.g. a claim for relief under the Contracts Review Act) and Third Party Notices (e.g. a simple claim for indemnity relating to the plaintiff's claim against the defendant) do not require that an amount of money be claimed. The practice has been for the filing fee to be calculated according to the amount of the plaintiff's claim.

**TIP: This is one of the few court fees that is not GST exempt. This is because the same service is offered by private enterprise Commercial Agents. So, while you may have paid this fee to the Court or a Commercial Agent for service of a document to be attempted, you may not reclaim the GST portion from your opponent if you are suing for a business related matter and have an A.B.N. . This is because you are expected to re-claim the GST portion of the fee from the government as a GST tax credit on your Business Affairs Statement and, so, will not have really incurred the GST portion. For example, you pay the $56.00 service fee but can only claim on the document to be served a service fee of $50.91. Complicated, isn't it! The courts, however, seem to be turning a blind eye to it because they can't know each party's tax arrangements and so thousands of plaintiffs are "double dipping" on their GST. This is a great potential source for filing defences.

GENERAL NOTE: This scale of costs includes a scheme introduced from 1 October, 2003 to create a new scheme of doubling most of the fees payable by corporations. This absurd systems now mirrors the nonsense long perpetrated by the Supreme Court. This clearly demonstates that these "fees" are not fees at all but taxes because they are levied not according to the work actually done but according to perceived ability to pay.