CIRCULARS

No. 2/2016

Civil Division - Courts & Fees Claimable - Ready Reckoner

Following the annual indexation of a "fee unit" (now $1.53) under the Fee Units Act 1997, which takes effect from 1 July 2016, 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)

107.10

107.10

107.10

214.20

214.20

Appeal Costs Fund fee (2)

+    7.65

+    7.65

+    7.65

+    7.65

+    7.65

Total filing fees payable on Claim

= 114.75

= 114.75

= 114.75

= 221.85

= 221.85

      

Solicitors’ costs allowed (3)

+ 102.00

+ 204.00

+ 306.00

+ 408.00

+ 510.00

Service allowed per Defendant (4)

+   51.00

+   51.00

+   51.00

+   51.00

+   51.00

Total costs & fees endorsed on Claim

= 267.75

= 369.75

= 471.75

= 680.85

= 782.85

      

Solicitors’ costs on entering default judgment (3)

+   51.00

+   51.00

+   51.00

+   51.00

+   51.00

Total costs & fees claimed on signing judgment

= 31318.75

= 420.75

= 522.75

= 731.85

= 833.85

      

Solicitors’ costs on preparing enforcement process (3)

+  51.00

+  51.00

+  51.00

+  51.00

+  51.00

Filing fee on enforcement process (1)

+  38.25

+  38.25

+  38.25

+  38.25

+  38.25

Service expense allowed (per party per service) (4) (5)

+  51.00

+  51.00

+  51.00

+  51.00

+  51.00

or Bailiff’s execution fee allowed(Warrants to Sell Property) (1)

+160.65

+16.65

+160.65

+160.65

+160.65

(1) For filing fees, see:
Magistrates Court (Civil Division) (Fees) Regulations 2008, Schedule 1; and Fee Units Act 1997 s6

(2) For Appeal Costs Fund fee, see:
Appeal Costs Fund Act 1968 s5(1) and Appeal Costs Fund Regulations 2003 r4

(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).

W Johnson
Administrator of Courts

1 July 2016