No 2 of 2012 - Civil Division - Costs & Fees Claimable - Ready Reckoner
Following the annual indexation of a "fee unit" (now $1.44) under the Fee Units Act 1997, which takes effect from 1 July 2012, 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. | 93.60 | 93.60 | 93.60 | 112.32 | 112.32 |
Appeal Costs Fund fee 2. | + 7.20 | + 7.20 | + 7.20 | + 7.20 | + 7.20 |
Total filing fees payable on Claim | = 100.80 | = 100.80 | = 100.80 | = 119.52 | = 119.52 |
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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 | = 235.80 | = 325.80 | = 415.80 | = 524.52 | = 614.52 |
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Solicitors’ costs on entering default judgment 3. | + 45.00 | + 45.00 | + 45.00 | + 45.00 | + 45.00 |
Total costs & fees claimed on signing judgment | = 280.80 | = 370.80 | = 460.80 | = 569.52 | = 659.52 |
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Solicitors’ costs on preparing enforcement process 3. | + 45.00 | + 45.00 | + 45.00 | + 45.00 | + 45.00 |
Filing fee on enforcement process 1. | + 21.60 | + 21.60 | + 21.06 | + 21.60 | + 21.60 |
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. | +144.00 | +144.00 | +144.00 | +144.00 | +144.00 |
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)
PAUL HUXTABLE
ACTING ADMINISTRATOR OF COURTS
1 July 2012