No. 3 of 2009

Civil Claims - Service Fee

Magistrates Court (Civil Division) Rules 1998

Practitioners are reminded that the amount claimable for service fees on the face of a Claim, and allowable upon entering default judgment, is prescribed in the Magistrates Court (Civil Division) Rules 1998 Schedule 1, Parts 1 and 2, Item 14.

As personal service of a Claim is not required by the Rules, the amount claimable for service is Item 14 (b) which is currently $38.40

It appears that some practitioners are filing process incorrectly claiming an amount for service fees of $39.90. That amount is prescribed by the Magistrates Court (Civil Division) (Fees) Regulations 2008 Schedule 1, Item 3 (adjusted annually in accordance with the Fee Units Act 1997). That amount is the fee payable to the Crown in the rare event that a Crown employee undertakes to serve any process.

Practitioners are requested to ensure that all process filed with the Court bears the correct amount claimable for service on the face of the Claim or Default Judgment, failing which the documents will be returned for amendment.

Jim Connolly
9 July 2009