CIRCULARS

No. 4/2011

Civil Division - Costs & Fees Claimable - Ready Reckoner

Following the annual indexation of a "fee unit" (now $1.40) under the Fee Units Act 1997, which takes effect from 1 July 2011, lawyers 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 originating process 1.

91.00

91.00

91.00

109.20

109.20

Appeal Costs Fund fee 2.

+ 7.00

+ 7.00

+ 7.00

+ 7.00

+ 7.00

Total filing fees payable on Claim

= 98.00

= 98.00

= 98.00

= 116.20

= 116.20

           

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

= 233.00

= 323.00

= 413.00

= 521.20

= 611.20

           

Solicitors’ costs on entering default judgment 3.

+ 45.00

+ 45.00

+ 45.00

+ 45.00

+ 45.00

Total costs & fees claimed on signing judgment

= 278.00

= 368.00

= 458.00

= 566.20

= 656.20

           

Solicitors’ costs on preparing enforcement process 3.

+ 45.00

+ 45.00

+ 45.00

+ 45.00

+ 45.00

Filing fee on enforcement process 1.

+ 21.00

+ 21.00

+ 21.00

+ 21.00

+ 21.00

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.

+140.00

+140.00

+140.00

+140.00

+140.00

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

1 July 2011