Uniform Civil Procedure (Fees) Regulation 1999

Queensland Supreme Court of Queensland Act 1991 Uniform Civil Procedure (Fees) Regulation 1999 Reprinted as in force on 1 September 2008 Reprint No. 3B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 SL No. 183 s 22

Information about this reprint This regulation is reprinted as at 1 September 2008. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘judgement’ has replaced ‘judgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Uniform Civil Procedure (Fees) Regulation 1999 Contents Part 1 1 2 2A Part 2 3 4A 4B 4C 5 Part 3 6 7 Part 4 Division 1 8 Division 2 9 10 11 12 13 14 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Court fees Fees for Supreme Court and District Court . . . . . . . . . . . . . . . . . 3 Fees if account taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Fees if assessment of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Deposit for fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Fees for Magistrates Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Alternative dispute resolution fees Fees for approval as mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Fees for approval as case appraiser . . . . . . . . . . . . . . . . . . . . . . 6 Allowances for witnesses and interpreters Preliminary Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Allowances for witnesses and interpreters other than prisoners Application of division 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Witness allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Travelling allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Accommodation allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Non-professional attendance allowance. . . . . . . . . . . . . . . . . . . . 9 Professional or expert attendance allowance. . . . . . . . . . . . . . . . 9 Interpreter attendance allowance . . . . . . . . . . . . . . . . . . . . . . . . . 10 When additional amount may be allowed. . . . . . . . . . . . . . . . . . . 10

2 Uniform Civil Procedure (Fees) Regulation 1999 16A Division 3 17 Part 5 18 Schedule 1 Schedule 2 Part 1 Part 2 Increase if GST payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Allowances for witnesses or interpreters who are prisoners Witnesses and interpreters who are prisoners . . . . . . . . . . . . . . . Transitional Fee for application for admission . . . . . . . . . . . . . . . . . . . . . . . . . Fees payable in the Supreme Court and the District Court . . Magistrates Courts fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court fees Bailiff’s fees 11 11 11 12 19 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 24 25 25 27

s1 3 s3 Uniform Civil Procedure (Fees) Regulation 1999 Uniform Civil Procedure (Fees) Regulation 1999 [as amended by all amendments that commenced on or before 1 September 2008] Part 1 Preliminary 1 Short title This regulation may be cited as the Uniform Civil Procedure (Fees) Regulation 1999 . 2 Commencement This regulation commences on 1 July 1999. 2A Definition In this regulation— assessing registrar see the Uniform Civil Procedure Rules 1999 , rule 679. Part 2 Court fees 3 Fees for Supreme Court and District Court (1) Schedule 1 applies for the Supreme Court and the District Court and sets out the fees payable for proceedings in the Supreme Court and the District Court. (2) Schedule 1 does not apply to or affect fees or percentages directed to be taken or paid by an Act for which no fee or percentage is specified in schedule 1.

s 4A 4 s 4B Uniform Civil Procedure (Fees) Regulation 1999 (3) A registrar, enforcement officer, marshal’s officer or marshal is not required to pay a fee mentioned in schedule 1. (4) An exempt individual for a fee is not required to pay the fee. (5) In this section— exempt individual , for a fee, means an individual who has obtained an order under the Uniform Civil Procedure Rules 1999 , rule 971(4) 1 exempting the individual from payment of the fee. 4A Fees if account taken (1) On taking an account of an accounting party in the Supreme Court or the District Court, the fees— (a) must be paid by the party having the conduct of the order under which the account is taken and are part of that party’s costs of the proceeding, unless the court or a judge otherwise directs; and (b) if a certificate of the result of the account is required—must be paid when the certificate is filed; and (c) if a certificate is not required—are payable on the account, or part of the account, taken. (2) The registrar of the Supreme Court or the District Court may require a deposit of not more than the fees payable on the amount that, from the account, appears to have been received and must make a note of the deposit in the account. (3) On taking an account by order of the Supreme Court or District Court the fees are, on payment, to be included in the account unless the court or a judge otherwise directs. 4B Fees if assessment of costs (1) The fees payable on the assessment of costs in the Supreme Court and the District Court are— (a) payable on the allowance of any amount on the assessment; and 1 Uniform Civil Procedure Rules 1999 , rule 971 (Filing fees)

s 4C 5 Uniform Civil Procedure (Fees) Regulation 1999 s6 (b) to be fixed by the registrar of the relevant court; and (c) to be paid by the solicitor or party filing the costs statement. (2) The registrar may require a deposit, of not more than the fees payable on the full amount of the costs as submitted for assessment. (3) The registrar must make a note of the deposit on the costs statement. 4C Deposit for fees (1) The registrar, marshal or sheriff may require a deposit on account of fees applicable to a proceeding in the Supreme Court or the District Court— (a) before the proceeding is started; or (b) at any time during the course of the proceeding. (2) The person requiring the deposit must make a note of the deposit on the court file. 5 Fees for Magistrates Courts (1) Schedule 2 applies for the Magistrates Courts. (2) An enforcement officer is not required to pay a fee mentioned in schedule 2. Part 3 Alternative dispute resolution fees 6 Fees for approval as mediator The fees for approval as a mediator are— (a) for the Supreme Court—$435.00; or (b) for the District Court—$435.00; or (c) for a Magistrates Court—$135.00.

s7 6 Uniform Civil Procedure (Fees) Regulation 1999 7 Fees for approval as case appraiser The fees for approval as a case appraiser are— (a) for the Supreme Court—$435.00; or (b) for the District Court—$435.00; or (c) for a Magistrates Court—$135.00. s8 Part 4 Allowances for witnesses and interpreters Division 1 Preliminary 8 Definitions for pt 3 In this part— expert witness means a witness who attends court to give evidence of an expert nature. interpreter means a person who attends court to interpret the testimony of a witness. nonprofessional witness means a witness who attends court to give evidence of a nonprofessional nature. professional witness means a witness who attends court to give evidence of a professional nature. public transport means any form of passenger transport that is available for use by the public on payment of a fare. relevant person means— (a) an expert witness; or (b) an interpreter; or (c) a nonprofessional witness; or (d) a professional witness.

s 9 7 s 11 Uniform Civil Procedure (Fees) Regulation 1999 Division 2 Allowances for witnesses and interpreters other than prisoners 9 Application of division 2 (1) Division 2 does not apply to a witness or interpreter to whom section 17 applies. (2) Also, if a witness attends 2 or more proceedings on the same day, the amount to be paid to the witness for each proceeding must be a reasonable share of the total for all the proceedings. 10 Witness allowances (1) Each relevant person is entitled to be paid the following allowances in accordance with this part for attendance at court— (a) a travelling allowance; (b) an accommodation allowance; (c) an attendance allowance. (2) The travelling allowance is a payment made towards meeting the costs incurred by the relevant person in travelling to and from the court. (3) The accommodation allowance is a payment made towards meeting the costs incurred by the relevant person for accommodation and meals when the relevant person is necessarily absent from the person’s place of residence to attend court. (4) The attendance allowance is a payment made towards meeting any loss of earnings or additional expenses incurred by a relevant person during the person’s absence from the person’s place of residence to attend court. 11 Travelling allowance (1) The amount of the travelling allowance to be paid to a relevant person is— (a) the amount actually and properly paid for fares for public transport; or

s 12 8 s 12 Uniform Civil Procedure (Fees) Regulation 1999 (b) if there is no public transport available—the amount calculated at the rate per kilometre for the time being payable under the Public Service Act 2008 to a public service officer required to use the officer’s private motor vehicle for official purposes, taken to the nearest whole cent. (2) A relevant person is not entitled to the payment of a travelling allowance if no expense is incurred by the person in travelling to and from the court. (3) If a relevant person, travels to and from the court in a private vehicle with another relevant person, only 1 payment is to be made under subsection (1)(b) for the vehicle. (4) If it was reasonable for the relevant person to travel to and from the court by air, the amount of the travelling allowance to be paid is— (a) for a nonprofessional witness or an interpreter—the amount payable for economy class air travel by the person to and from the court; or (b) for a professional or expert witness—the amount payable for first class air travel by the person to and from the court. (5) For the calculation of travelling allowances, in deciding whether public transport was available, regard is to be had to whether a public transport system operated by which a person could conveniently travel to the relevant court in reasonable time before the person’s required attendance and could conveniently return to the person’s place of residence or employment after the person’s attendance at court. 12 Accommodation allowance (1) The amount of the accommodation allowance that is to be paid to a relevant person is to be the amount calculated at the rate payable under the Public Service Act 2008 to a public service officer. (2) For subsection (1), the period of absence from the relevant person’s place of residence is to be calculated from the time of departure from that place to the time of return to that place and if, after the number of full days absence has been decided,

s 13 9 s 14 Uniform Civil Procedure (Fees) Regulation 1999 the period remaining is more than 12 hours, that period is to be treated as a day’s absence. (3) For calculating accommodation allowances, regard is to be had to the time of the latest public transport of the class used which could conveniently convey the person to the place of attendance at the relevant court in reasonable time before the person’s required attendance and, after that attendance, the time of arrival at the person’s place of residence or employment of the earliest public transport of that class leaving the place of attendance within a reasonable time after that attendance, unless special reasons exist for some other basis for the calculation. 13 Non-professional attendance allowance The amount of the attendance allowance that is to be paid to a non-professional witness is— (a) if the witness is under 16—$31.50; or (b) if the witness is 16 or older—$63.00; for each day or part of a day of necessary absence from the witness’s place of employment or residence. 14 Professional or expert attendance allowance ( 1) The amount of the attendance allowance that is to be paid to a professional or expert witness is $195.00 for each day of necessary absence from the person’s place of employment, practice or residence to attend court. (2) If the period for which a professional or expert witness is necessarily absent is 7 hours or less, the amount of the attendance allowance that is to be paid is— (a) for an absence of 3 hours or less—$74.00; or (b) for an absence of more than 3 hours but not more than 4 hours—$100.00; or (c) for an absence of more than 4 hours but not more than 5 hours—$125.00; or (d) for an absence of more than 5 hours but not more than 6 hours—$150.00; or

s 15 10 s 16 Uniform Civil Procedure (Fees) Regulation 1999 (e) for an absence of more than 6 hours but not more than 7 hours—$175.00. (3) However, if the witness is a doctor who is employed under the Health Services Act 1991 as a health service employee at a hospital, the attendance allowance that is to be paid is $65.00 for each day or part of a day of necessary absence from the hospital at which the person is employed. (4) Travelling time is to be taken into account for deciding the amount of the allowance under this section. 15 Interpreter attendance allowance (1) The amount of the attendance allowance that is to be paid to an interpreter is $200.00 for each day of necessary absence from the interpreter’s place of employment or residence to attend court. (2) If the period for which the interpreter is necessarily absent is less than 8 hours, the amount of that attendance allowance is— (a) for the first 2 hours or part of 2 hours—$50.00; and (b) for each additional hour or part of an hour—$23.50. (3) Travelling time is to be taken into account for deciding the amount of the allowance under this section. 16 When additional amount may be allowed (1) If the registrar considers it is reasonable for an additional amount to be paid to a witness under section 13, 14 or 15 because of special circumstances, the registrar may approve the payment of an additional reasonable amount. (2) It is a special circumstance that a doctor is a specialist registrant under the Medical Practitioners Registration Act 2001 .

s 16A 11 Uniform Civil Procedure (Fees) Regulation 1999 s 18 16A Increase if GST payable If an amount payable under section 14 or 15 is for a supply on which GST is payable, the amount payable under the section is to be increased to take account of the GST. Division 3 Allowances for witnesses or interpreters who are prisoners 17 Witnesses and interpreters who are prisoners (1) A prisoner granted leave of absence under the Corrective Services Act 1988 2 to engage in employment who incurs any loss of salary or wages while attending court as a witness or an interpreter is entitled to be paid fees and expenses, of not more than the amounts of the allowances that may be paid to witnesses and interpreters, decided by the chief executive of the department within which the Supreme Court of Queensland Act 1991 is administered. Part 5 Transitional 18 Fee for application for admission The fee stated in schedule 1, item 3(1), does not apply to an application for admission as a legal practitioner at sittings to be held in July 2004. 2 Now see the Corrective Services Act 2000 , section 267 and the Corrective Services Act 2006 , section 470.

12 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 1 Fees payable in the Supreme Court and the District Court section 3(1) Supreme District Court Court $ $ Originating process 1 (1) Filing any claim, including a writ in admiralty— (a) if there is only 1 plaintiff and the plaintiff is an individual, or if there is more than 1 plaintiff and all plaintiffs are individuals 482.00 465.00 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . 964.00 920.00 (2) Filing any application, other than an application mentioned in item 2, that is an originating process— (a) if there is only 1 applicant and the applicant is an individual, or if there is more than 1 applicant and all applicants are individuals . . . . . . . . . . . . . . . . . . . . . 482.00 465.00 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . 964.00 920.00 (3) Filing any document initiating any appeal, including a case stated— (a) if there is only 1 party initiating the appeal and the party is an individual, or if there is more than 1 party initiating the appeal and they are all individuals . . . . . 482.00 465.00 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . 964.00 920.00 Administration of estates 2 Filing— (a) an application for probate or letters of not administration . . . . . . . . . . . . . . . . . . . . . . . . 509.00 applicable

13 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 1 (continued) Supreme District Court Court $ $ (b) an application for resealing of grant of probate or letters of administration under the not British Probates Act 1898 . . . . . . . . . . . . . . . 509.00 applicable (c) an application for an order to administer not under the Public Trustee Act 1978 . . . . . . . . . 509.00 applicable Any other documents 3 (1) Application to the Supreme Court to be admitted to the legal profession under the not Legal Profession Act 2007 . . . . . . . . . . . . . . . 50.00 applicable (2) Filing or receiving any document not connected with a matter already on record and not otherwise provided for, including the filing or receiving of any document in the sheriff’s office or marshal’s office . . . . . . . . . 82.00 71.00 (3) If a fee is paid under subitem (2) in relation to a document, a further fee is not payable under the subitem for filing any subsequent document related to the first document. Opening offices 4 Opening, or keeping open, the registry, sheriff’s office or marshal’s office after hours. . . . . . . . . . . . 385.00 385.00 Copies 5 Copy of a record of the court or a document or exhibit filed in the registry, sheriff’s office or marshal’s office, including reasons for judgement— (a) first copy—each page . . . . . . . . . . . . . . . . . . 1.80 (b) maximum fee for first copy . . . . . . . . . . . . . . 52.00 (c) additional copy—each page. . . . . . . . . . . . . . 0.50 (d) maximum fee for additional copy . . . . . . . . . 21.00 1.80 52.00 0.50 21.00

14 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 1 (continued) Supreme District Court Court $ $ 6 (1) Certifying a copy of a record of the court or a document or exhibit filed in the registry . . . . 49.50 49.50 (2) This fee is in addition to the fee mentioned in item 5. (3) This fee does not apply to certifying the original certificate of admission of a person to the legal profession under the Legal Profession Act 2007 . Attendance of officer 7 (1) For an officer— (a) to attend with a record or document at a court or place out of the court building; or (b) to attend to examine a witness or an enforcement debtor away from the court building; or (c) to attend a view out of the office; or (d) to attend to the discharge of cargo; or (e) to attend to the sale or removal of a ship or goods; or (f) to attend to the delivery up of a ship or goods in accordance with the inventory— for each hour or part of an hour . . . . . . . . . . . 81.00 81.00 but not more than, for each day . . . . . . . . . . . 405.00 405.00 (2) The reasonable travelling and other expenses of the officer are also payable. Public searches 8 (1) Searching the records, for each name or file . 18.50 (2) Retrieval fee from Queensland State Archives, for each file . . . . . . . . . . . . . . . . . . 18.50 18.50 18.50

15 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 1 (continued) Supreme District Court Court $ $ Assessment of costs, other references, inquiries and accounts 9 Taking an account before the registrar—for each hour or part of an hour . . . . . . . . . . . . . . . . . . . . . . 81.00 10 (1) Assessment by an assessing registrar of a costs statement under the Uniform Civil Procedure Rules 1999 , rule 708, wholly or partly—for each hour or part of an hour . . . . 81.00 (2) Assessment by an assessing registrar of a costs statement other than under the Uniform Civil Procedure Rules 1999 , rule 708—for each $100 or part of $100 allowed . . . . . . . . 9.70 81.00 81.00 9.70 Miscellaneous 11 (1) *Drawing an advertisement . . . . . . . . . . . . . . 105.00 105.00 (2) Settling and executing a deed of transfer. . . . 105.00 105.00 (3) Executing a commission of valuation or sale or valuation and sale of a ship, in addition to not any fee paid to the valuer or auctioneer . . . . . 100.00 applicable 12 Certificate of registrar . . . . . . . . . . . . . . . . . . . . . . 49.50 49.50 13 Preparation and photocopying of documents for inclusion in appeal books— (a) first copy—each page . . . . . . . . . . . . . . . . . . (b) additional copy—each page. . . . . . . . . . . . . . (c) binding of appeal books—each book . . . . . . 1.80 0.50 7.80 not applicable not applicable not applicable Enforcement officer’s and marshal’s expenses 14 * Any amount that the registrar, sheriff or marshal considers was actually and reasonably incurred for the following—

16 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 1 (continued) Supreme District Court Court $ $ (a) each person left in possession; (b) the securing and safe custody of property under seizure; (c) (i) board and lodging; (ii) travelling expenses; (iii) clerical assistance at sales; (iv) advertising; (v) if livestock levied—cost of food and removal to place of safekeeping; (vi) hire of transport, warehouses, yards; (vii) out-of-pocket expenses. Poundage 15 (1) On enforcing each warrant or other process under, or because of, which an amount is received by the registrar or sheriff or by the enforcement creditor—2.5 % of the amount received, but not less than . . . . . . . . . . . . . . . 105.00 (2) On enforcing warrant of possession—2.5 % determined on annual rent or value, but not less than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.00 (3) No fee is payable on the sale of a ship or goods sold by the marshal under a judgement or order of the court. 105.00 105.00 Fees payable to enforcement officer, marshal or marshal’s officer 16 (1) Service or attempted service, or enforcement or attempted enforcement, of a warrant, process or document— (a) on each person or ship served or enforced . . . . . . . . . . . . . . . . . . . . . . . . . 77.00 77.00

17 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 1 (continued) Supreme District Court Court $ $ (b) for each additional process served or enforced if— (i) 2 or more processes lodged at the same time against the same person or ship are served or enforced at the same time; or (ii) 2 or more persons are served with the same process, the same proceedings are enforced against them, or proceedings enforced at the same time and at the same address . . . . . . . . . . . . . . . . . . . . . . 13.50 13.50 (2) The fee is additional to any travelling fees. 17 (1) Travelling fees on service or attempted service, or enforcement or attempted enforcement, of a warrant, process or document—for each kilometre or part of a kilometre necessarily travelled from the court house to the place of service or enforcement, 1 way in excess of 8km from the court house. . . . . . . . . . . . . . . . . . . . . . . . 2.70 2.70 (2) Only 1 travelling fee may be charged if— (a) 2 or more processes lodged at the same time against the same person or ship are served or enforced at the same time; or (b) 2 or more persons are served with the same process, the same proceedings are enforced against them, or proceedings enforced at the same time and at the same address. 18 (1) For time necessarily spent after the first hour on the following— (a) service or attempted service, or enforcement or attempted enforcement, of a warrant, process or document;

18 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 1 (continued) Supreme District Court Court $ $ (b) arranging or conducting an auction— for each hour or part of an hour . . . . . . . 24.00 24.00 (2) If the enforcement officer is a full-time officer of the public service and performs a duty during normal working hours, the allowance is to be paid to the court. 19 (1) Taking a person to prison or a place of detention from the place of arrest—for each kilometre . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.70 2.70 (2) Other unavoidable expenses involved in taking a person to prison or place of detention. 20 Release of a ship, goods, or person from arrest (if not actual attendance necessary) . . . . . . . . . . . . . . . . . 35.50 applicable 21 (1) Retaining possession by the marshal or marshal’s officer of a ship, with or without cargo, or of a ship’s cargo without a ship— not for each day . . . . . . . . . . . . . . . . . . . . . . . . . . 12.50 applicable (2) In addition to the fee mentioned in subitem (1), the reasonable expenses incurred for a ship keeper in retaining possession of a ship are also payable. (3) No fee is payable for the custody and possession of property under arrest— (a) if it consists of an amount in a bank or goods stored in a bonded warehouse; or (b) if it is in the custody of an authorised officer within the meaning of the Customs Act 1901 (Cwlth). * May be payable to the enforcement officer, marshal or marshal’s officer.

19 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 2 Magistrates Courts fees section 5(1) Part 1 Court fees $ 1 Filing claim— (a) if amount claimed is $2500 or less . . . . . . . . . . . . . . . 120.00 (b) if amount claimed is more than $2500 but less than $10000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175.00 (c) if amount claimed is $10000 or more . . . . . . . . . . . . . 190.00 2 Registering a judgement or order issued out of a court other than a State court or tribunal (including enforcement action taken on the judgement)— (a) if amount claimed is $2500 or less . . . . . . . . . . . . . . . 79.00 (b) if amount claimed is more than $2500 but less than $10000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79.00 (c) if amount claimed is $10000 or more . . . . . . . . . . . . . 84.00 3 Filing a minor debt claim— (a) if amount claimed is $2500 or less . . . . . . . . . . . . . . . 50.00 (b) if amount claimed is more than $2500 . . . . . . . . . . . . 85.00 4 Filing an employment claim mentioned in the Magistrates Courts Act 1921 , section 42B . . . . . . . . . . . . 42.00 5 Filing a document (other than a claim) to start a proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79.00 6 Certifying a copy of an order or a copy of another document (other than a record under the Recording of Evidence Act 1962 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.50 7 Inspecting records in a proceeding— (a) within 4 years of filing of claim (not payable by parties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.50 (b) more than 4 years from filing of claim (including parties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.50 8 Copying records in a proceeding not subject to the Recording of Evidence Act 1962 — . . . . . . . . . . . . . . . . . . .

20 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 2 (continued) $ (a) first copy—each page . . . . . . . . . . . . . . . . . . . . . . . . . 1.80 (b) maximum fee for first copy . . . . . . . . . . . . . . . . . . . . . 52.00 (c) additional copy—each page. . . . . . . . . . . . . . . . . . . . . 0.50 (d) maximum fee for additional copy . . . . . . . . . . . . . . . . 21.00 9 Poundage if an enforcement officer enforces an enforcement warrant or other process under, or because of, which money is received by the bailiff or enforcement creditor—5% on first $200 and 2.5% on the balance (the first $200 is to be paid to the bailiff), but not less than . . . . 49.50 10 Opening, or keeping open, the registry between 8a.m. and 9a.m. or between 4p.m. and 6p.m. on a day other than a Saturday, Sunday, public holiday or court holiday. . . . . . . . 125.00 Assessment of costs 11 Making an appointment for directions or for assessment of a costs statement by an assessing registrar . . . . . . . . . . . . . 37.00 12 Assessment by an assessing registrar of a costs statement under the Uniform Civil Procedure Rules 1999 , rule 708, wholly or partly—for each hour or part of an hour . . . . . . . 81.00 13 (1) Assessment by an assessing registrar of a costs statement other than under the Uniform Civil Procedure Rules 1999 , rule 708—for each $100 or part of $100 allowed . . . . . . . . . . . . . . . . . . . . . . . . . . 9.70 (2) Subject to subitem (3), the fee mentioned in subitem (1) is— (a) payable on the allowance of any amount on assessment; and (b) to be fixed by the assessing registrar; and (c) to be paid by the solicitor or party suing in person. (3) The assessing registrar may require a deposit on account of fees before assessment. (4) The deposit must not be more than the fees payable on the full amount of the costs as submitted for assessment.

21 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 2 (continued) $ (5) The assessing registrar must make a note of the deposit on the costs statement. 14 For an order for the amount assessed . . . . . . . . . . . . . . . . . 50.00 Part 2 Bailiff’s fees $ 15 (1) Travelling fees on serving claim, application, process or other document or enforcing warrant—for each kilometre or part of a kilometre necessarily travelled from the registry to the place of service or enforcement, or attempted service or attempted enforcement, 1 way in excess of 12km from the registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.70 (2) Only 1 travelling fee may be charged if— (a) 2 or more processes lodged at the same time against the same person are served at the same time; or (b) 2 or more persons are served with the same process at the same time and at the same address. 16 Serving (including attempting to serve) a claim, application, subpoena or other process within 12km of the registry—each person served. . . . . . . . . . . . . . . . . . . . . . . . 36.50 17 Enforcing (including attempting to enforce) a warrant within 12km of the registry—each bailiff . . . . . . . . . . . . . . 53.00 18 If the bailiff collects and pays into court not less than 50% but less than 85% of the order debt due under the warrant—an additional fee . . . . . . . . . . . . . . . . . . . . . . . . . 17.50 19 If the bailiff collects and pays into court not less than 85% of the order debt due under the warrant—an additional fee 34.50 20 Each bailiff left in possession—for each day, not more than . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77.00

22 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 2 (continued) $ 21 If board and lodging are not supplied, actual and reasonable expenses incurred are at the discretion of the registrar. 22 The registrar may allow other actual and necessary payments made for the safe custody of property under seizure. 23 No fee is payable for the custody and possession of property under seizure if the property is not kept in the actual possession of the bailiff. 24 The following amounts are at the discretion of the registrar, if actually and reasonably incurred— (a) travelling expenses for each person; (b) clerical assistance at sales, if necessary; (c) advertising; (d) the cost of feeding livestock, or removing it to a place of safe keeping; (e) necessary assistance to, or expenses incurred by, the bailiff in enforcing a warrant, for example, hiring transport, warehouses and yards and out-of-pocket expenses, for example, postage and telephone calls. 25 (1) The registrar may, before a proceeding under a warrant is started, or at any time during the proceeding, require a deposit on account of the fees applying to the proceeding. (2) The registrar must give to the party making the deposit under subitem (1) a record of the amount deposited. 26 (1) Drawing an advertisement of sale, if the sale is under warrant for seizure and sale . . . . . . . . . . . . . . . . . . . . . 68.00 (2) If the advertisement is not drawn by the bailiff, the fee is to be paid to the court. 27 Taking a person to prison or place of detention—for each kilometre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.70 28 (1) Allowance for time spent after the first hour on enforcement or apprehension—for each hour or part of an hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.50

23 Uniform Civil Procedure (Fees) Regulation 1999 Schedule 2 (continued) (2) A payment under subitem (1) is at the discretion of the registrar. (3) If the bailiff is a full-time officer of the public service and performs the enforcement or apprehension during normal working hours, the allowance is to be paid to the court. $

24 Uniform Civil Procedure (Fees) Regulation 1999 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 September 2008. Future amendments of the Uniform Civil Procedure (Fees) Regulation 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

25 Uniform Civil Procedure (Fees) Regulation 1999 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C 1D Amendments to none 2000 SL No. 66 2000 SL No. 146 2001 SL No. 111 2002 SL No. 31 Effective 1 July 1999 1 May 2000 1 July 2000 30 July 2001 1 March 2002 Reprint date 1 July 1999 5 May 2000 18 August 2000 14 September 2001 15 March 2002 Reprint No. 1E 1F 1G 1H rv Amendments included 2002 SL No. 223 2003 SL No. 237 2004 SL No. 109 2004 SL No. 178 2— 2A 2005 SL No. 326 2B 2006 SL No. 284 2C 2007 SL No. 275 2D 2007 SL No. 316 2E 2007 SL No. 316 3— 3A 2008 SL No. 209 3B 2008 SL No. 266 Effective 1 September 2002 6 October 2003 1 July 2004 20 September 2004 20 September 2004 19 December 2005 27 November 2006 26 November 2007 10 December 2007 1 January 2008 1 January 2008 1 July 2008 1 September 2008 Notes R1H rv withdrawn, see R2 R2E withdrawn, see R3 5 List of legislation Uniform Civil Procedure (Fees) Regulation 1999 SL No. 139 made by the Governor in Council on 24 June 1999 notfd gaz 25 June 1999 pp 932–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1999 (see s 2) exp 1 September 2009 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Justice Legislation (Variation of Fees and Costs) Regulation 2000 SL No. 66 pts 1, 10 notfd gaz 20 April 2000 pp 1533–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 May 2000 (see s 2)

26 Uniform Civil Procedure (Fees) Regulation 1999 Justice Legislation Amendment Regulation (No. 1) 2000 SL No. 146 pts 1, 5 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Justice Legislation (Variation of Fees and Costs) Regulation 2001 SL No. 111 pts 1, 9 notfd gaz 20 July 2001 pp 1138–40 ss 1–2 commenced on date of notification remaining provisions commenced 30 July 2001 (see s 2) Medical Practitioners Registration Regulation 2002 SL No. 31 ss 1–2, 16 sch 4 notfd gaz 1 March 2002 pp 850–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 March 2002 (see s 2) Justice Legislation (Variation of Fees and Costs) Regulation (No. 1) 2002 SL No. 223 pts 1, 12 notfd gaz 30 August 2002 pp 1557–61 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2002 (see s 2) Justice Legislation (Variation of Costs and Fees) Regulation (No. 1) 2003 SL No. 237 notfd gaz 3 October 2003 pp 382–5 ss 1–2 commenced on day of notification remaining provisions commenced 6 October 2003 (see s 2) Legal Profession Regulation 2004 SL No. 109 ss 1–2, 36–39 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Justice Legislation (Costs and Fees) Amendment Regulation (No. 1) 2004 SL No. 178 notfd gaz 10 September 2004 pp 173–7 ss 1–2 commenced on date of notification remaining provisions commenced 20 September 2004 (see s 2) Justice and Other Legislation (Costs and Fees) Amendment Regulation (No. 1) 2005 SL No. 326 notfd gaz 16 December 2005 pp 1490–6 ss 1–2 commenced on date of notification remaining provisions commenced 19 December 2005 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2006 SL No. 284 notfd gaz 24 November 2006 pp 1476–9 ss 1–2 commenced on date of notification remaining provisions commenced 27 November 2006 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 275 notfd gaz 9 November 2007 pp 1355–7 ss 1–2 commenced on date of notification remaining provisions commenced 26 November 2007 (see s 2)

27 Uniform Civil Procedure (Fees) Regulation 1999 Uniform Civil Procedure (Fees) Amendment Regulation (No. 1) 2007 SL No. 316 notfd gaz 7 December 2007 pp 1978–82 ss 1–3 commenced on date of notification s 6(1) commenced 1 January 2008 (see s 2(2)) remaining provisions commenced 10 December 2007 (see s 2(1)) Public Service Regulation 2008 SL No. 209 ss 1–2, 20 sch 2 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) 6 List of annotations Definition s 2A ins 2007 SL No. 316 s 4 Fees for Supreme Court and District Court s 3 sub 2001 SL No. 111 s 19 amd 2002 SL No. 223 s 26 Fee on application for admission s 4 sub 2001 SL No. 111 s 19 om 2004 SL No. 109 s 37 Fees if account taken s 4A ins 2001 SL No. 111 s 19 Fees if assessment of costs s 4B ins 2001 SL No. 111 s 19 Deposit for fees s 4C ins 2001 SL No. 111 s 19 Fees for Magistrates Courts s 5 sub 2001 SL No. 111 s 19 Fees for approval as mediator s 6 sub 2000 SL No. 66 s 20; 2001 SL No. 111 s 20; 2002 SL No. 223 s 27 amd 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch Fees for approval as case appraiser s 7 sub 2000 SL No. 66 s 20; 2001 SL No. 111 s 20; 2002 SL No. 223 s 27 amd 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch

28 Uniform Civil Procedure (Fees) Regulation 1999 Travelling allowance s 11 amd 2008 SL No. 209 s 20 sch 2 Accommodation allowance s 12 amd 2008 SL No. 209 s 20 sch 2 Non-professional attendance allowance s 13 sub 2000 SL No. 66 s 21; 2001 SL No. 111 s 21; 2002 SL No. 223 s 28 amd 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch Professional or expert attendance allowance s 14 sub 2000 SL No. 66 s 21; 2001 SL No. 111 s 21; 2002 SL No. 223 s 28 amd 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch Interpreter attendance allowance s 15 sub 2000 SL No. 66 s 21; 2001 SL No. 111 s 21; 2002 SL No. 223 s 28 amd 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch When additional amount may be allowed s 16 amd 2002 SL No. 31 s 16 sch 4 Increase if GST payable s 16A ins 2000 SL No. 146 s 10 PART 5—TRANSITIONAL pt 5 (s 18) ins 2004 SL No. 109 s 38 SCHEDULE 1—FEES PAYABLE IN THE SUPREME COURT AND THE DISTRICT COURT sub 2000 SL No. 66 s 22; 2001 SL No. 111 s 22; 2002 SL No. 223 s 29; 2003 SL No. 237 s 3 sch amd 2004 SL No. 109 s 39 sub 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch amd 2007 SL No. 316 s 5 sub 2008 SL No. 266 s 3 sch SCHEDULE 2—MAGISTRATES COURTS FEES sub 2000 SL No. 66 s 22; 2001 SL No. 111 s 22; 2002 SL No. 223 s 29; 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch; 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch amd 2007 SL No. 316 s 6 sub 2008 SL No. 266 s 3 sch SCHEDULE 3—MAGISTRATES COURTS FEES sub 2000 SL No. 66 s 22 om 2001 SL No. 111 s 21

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