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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


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