No 4 of 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