CIRCULARS
No. 2/2014
Civil Division - Courts & Fees Claimable - Ready Reckoner
Following the annual indexation of a "fee unit" (now $1.48) under the Fee Units Act 1997, which takes effect from 1 July 2014, 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) |
103.60 |
103.60 |
103.60 |
207.20 |
207.20 |
|
Appeal Costs Fund fee (2) |
+ 7.40 |
+ 7.40 |
+ 7.40 |
+ 7.40 |
+ 7.40 |
|
Total filing fees payable on Claim |
= 111.00 |
= 111.00 |
= 111.00 |
= 214.60 |
= 214.60 |
|
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 |
= 264.00 |
= 366.00 |
= 468.00 |
= 673.60 |
= 775.60 |
|
|
|||||
|
Solicitors’ costs on entering default judgment (3) |
+ 51.00 |
+ 51.00 |
+ 51.00 |
+ 51.00 |
+ 51.00 |
|
Total costs & fees claimed on signing judgment |
= 315.00 |
= 417.00 |
= 519.00 |
= 724.60 |
= 826.60 |
|
Solicitors’ costs on preparing enforcement process (3) |
+ 51.00 |
+ 51.00 |
+ 51.00 |
+ 51.00 |
+ 51.00 |
|
Filing fee on enforcement process (1) |
+ 37.00 |
+ 37.00 |
+ 37.00 |
+ 37.00 |
+ 37.00 |
|
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) |
+155.40 |
+155.40 |
+155.40 |
+155.40 |
+155.40 |
(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 2014