Principles for the setting of Civil Court Fees
NEW CIVIL COURT FEES AND CHARGES (Effective from 1 July 2001)
Current Fee
(incl. GST) New Fee
(incl.
GST)
COURT OF APPEAL
Filing an application or
notice of appeal $155 $900
Setting down proceedings for
hearing $580 $2,200
Hearing fee (per extra half day after
the first day) $470 $1,100
HIGH COURT
Filing to commence proceedings other than
interlocutory proceedings $120 $900
Filing an
interlocutory application for interim
injunction $155 $400
Filing any other interlocutory
application $100 $260
Setting down proceedings for
hearing $650 $2,200
Setting down appeal or cross appeal
for hearing $470 $1,900
Hearing fee (per extra half day
after the first day) $270 $1,100
Hearing fee (per extra
half day after the first day) for interlocutory applications
for Summary Judgment $270 $1,100
Filing a creditors
petition of adjudication $200 $455
Filing a request for a
bankruptcy notice $165 $115
Filing application for
probate or letters of administration $100 $50
Sealing
exemplifications or duplicates or resealing under s71 of the
Administration Act 1969 $30 $20
Issuing of a certificate
of administration under s18 of the Administration Act
1969 $20 $15
DISTRICT COURTS
Filing to
commence proceedings other than interlocutory
proceedings $50 $100
Filing an application for a fixture
for a hearing other than an interlocutory proceeding or an
appeal or cross appeal $145 $450
Setting down appeal or
cross appeal for hearing $145 $450
Hearing fee (per extra
half day after the first day) $255 $450
DISPUTES TRIBUNALS
Lodging a claim under
$1,000 $30 $30
Lodging a claim of $1,000 or more but less
than $2,500 $100 $50
Lodging a claim of $2,500 or more
but less than $5,000 $120
Lodging a claim of $5,000 or
more but less than $7,500 $160 $100
Lodging a claim of
$7,500 and up to $12,000 (max.) $200
Principles for the setting of Civil Court Fees
The following principles have been adopted to make decisions about the balance of public and private benefits associated with particular civil court services, as well as to determine the overall ratios of taxpayer and user funding for civil courts:
A Overall
Cost Sharing
The total cost of the civil courts shall be
met through a combination of taxpayer and user funding, in
ratios to be determined by Government in respect of specific
jurisdictions and services.
B Variable Ratios of
Taxpayer/User Funding for Specific Services
The
proportion of costs recovered through fees shall vary in
accordance with an assessment of the balance of public and
private benefits associated with the service concerned. For
example, where direct users are the predominant
beneficiaries of a service, fees may recover full costs.
Where benefits are predominantly public, however, the
taxpayer should meet the bulk of the costs and fees should
be limited to those necessary to ensure optimal provision of
public benefits (eg by deterring frivolous use).
C
Protection of Access to Justice
Fees should not prevent
citizens from having access to appropriate court dispute
resolution services. This applies particularly to services
in respect of which legal aid is not available.
D
Average Cost Pricing
Fees shall be set to recover a
proportion of the average cost of service provision. A
single fee may cover a number of distinct processes in order
to reduce administrative costs associated with setting and
collecting fees, but in no case should fees exceed the
average cost of the services to which they relate.
E
Operational Efficiency
The fee structure should provide
incentives for cost effective use of court services. The
number of points at which fees are charged should be limited
in order to minimise the transaction costs associated with
imposing, reviewing and collecting them. Fees should, as
far as possible, be payable in advance.
F Judicial
Discretion
The judiciary shall continue to have
discretion to reallocate costs, including court fees,
between parties to litigation. This will enable court fees
to be charged primarily to the party responsible for the use
of court resources, in appropriate
cases.
END