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