Publications > Changes to Fees Payable in Supreme and District Courts for Civil Proceedings

 

From 1 September, 2011 the Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2011 will commence, introducing a number of changes to fees payable in Supreme and District Courts for civil proceedings.

A summary of the changes for matters commenced on or after 1 September 2011 are as follows:

• There is an increase to filing fees for an originating processes
• Counter-claims and cross-appeals will now be categorised as an originating process and will attract a filing fee
• The introduction of setting down and hearing fees for trials or hearings (including appeals). Such fees may be refunded in limited situations where trials/hearings do not proceed
• Fee waivers are replaced with fee reductions for those individuals who meet qualifying criteria or are suffering financial hardship. This will be available for filing, setting down, and hearing fees
• There will be capacity to offer a fee reduction for corporations where there is demonstrated inability to pay the fees. This again will be available for filing, setting down, and hearing fees
• Issuing a subpoena will now attract a fee
• Fee categories for Supreme and District Courts will now refer to "Corporations" and "Otherwise" rather than "Individual" and "Other"
• Separate fee items will apply to proceedings filed under the Corporations Act 2001 and the Admiralty Act 1988

 

If anything, the introduction of setting down and hearing fees will likely make the option of mediation more attractive than ever for all parties given the further costs to be considered when proceeding with a matter through the Courts.

For any enquiries about the new changes please contact our office.

 

Paul Rojas

Senior Associate

 

"The information contained in this article is general in nature and cannot be regarded as anything more than general comment.  Readers of this article should not act on the basis of this comment without consulting one of Rostron Carlyle's legal practitioners who will consider their particular circumstances".

 

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