CIRCULARS

No.1 of 2010

Civil Division Costs & Fees Claimable

For ease of reference, legal practitioners and parties are advised that the calculation of fees payable and costs and expenses currently claimable in liquidated claims in the Magistrates Court (Civil Division) - based on a single Claimant and a single Defendant - are as follows:

$ Amount Claimed in Action

<$1,000 $1,001- $3,000 $3,001- $5,000 $5,001- $10,000 >$10,000
Filing fee on orginating process 1. 86.45 86.45 86.45 103.74 103.74
Appeal Costs Fund fee 2. +6.65 +6.65 +6.65 +6.65 +6.65
Total filing fees payable on Claim =93.10 =93.10 =93.10 =110.39 =110.39
Solicitors' costs allowed 3. +90.00 +180.00 +270.00 +360.00 +450.00
Service allowed per Defendant 4. +45.00 +45.00 +45.00 +45.00 +45.00
Total costs & fees endorsed on Claim =228.10 =318.10 =408.10 =515.39 =605.39
Solicitors's costs on entering default judgement 3. +45.00 +45.00 +45.00 +45.00 +45.00
Total costs & fees claimed on signing judgment =273.10 =363.10 =453.10 =560.39 =650.39
Solicitors' costs on preparing enforcement process 3. +45.00 +45.00 +45.00 +45.00 +45.00
Filing fee on enforcement process 1. +19.95 +19.95 +19.95 +19.95 +19.95
Service expense allowed (per party per service 4.5. +45.00 +45.00 +45.00 +45.00 +45.00
or Bailiff's execution fee allowed (Warrants to Sell Property) 1. +133.00 +133.00 +133.00 +133.00 +133.00

1. For filing fees, see:

Magistrates Court (Civil Division) (Fees) Regulations 2008, Schedule 1; and

Fee Units Act 1997 s.6

2. For Appeal Costs Fund fee, see:

Appeal Costs Fund Act 1968 s.5(1) and Appeal Costs Fund Regulations 2003 r.4

3. For costs allowable see:

Magistrates Court (Civil Division) Rules 1998, Schedule 1, Part 3

4. For service fee allowable see:

Magistrates Court (Civil Division) Rules 1998, Schedule 1, Parts 1 & 2, Item 14(b)

5. For garnishee applications, a service expense is allowable once upon the Judgment Debtor (Application and Provisional Order), and twice upon the Garnishee (Application, Provisional Order, and Final Order)

 

JIM CONNOLLY

ADMINISTRATOR OF COURTS

29 April 2010