No 2 of 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