No 4 of 2018 - Fees Increase (Effective 1 July 2018) and Civil Division Costs and Fees Claimable - Ready Reckoner
Lawyers and parties are advised that the annual indexation of a “fee unit” pursuant to the Fee Units Act 1997 takes effect from 1 July 2018.
A fee unit is now prescribed to have a value of $1.58.
Accordingly, fees are increased in the Court’s various jurisdictions under the following legislation:
- Justices Regulations 2013
- Magistrates Court (Civil Division) (Fees) Regulations 2018
- Magistrates Court (Administrative Appeals Division) (Fees) Regulations 2012
- Coroners (Fees, Expenses and Allowances) Regulations 2016
A schedule of all current fees (amended to include the abovementioned increase) is published on the Magistrates Court website at:
http://www.magistratescourt.tas.gov.au/fees
Penelope Ikedife
Administrator of Courts
21 June 2018
Civil Division - Costs & Fees Claimable - Ready Reckoner
Following the annual indexation of a "fee unit" (now $1.58) under the Fee Units Act 1997, which takes effect from 1 July 2018, 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. | 110.60 | 110.60 | 110.60 | 221.20 | 221.20 |
Appeal Costs Fund fee. | + 7.90 | + 7.90 | + 7.90 | + 7.90 | + 7.90 |
Total filing fees payable on Claim | = 118.50 | = 118.50 | = 118.50 | = 229.10 | = 229.10 |
Solicitors’ costs allowed. | + 102.00 | + 204.00 | + 306.00 | + 408.00 | + 510.00 |
Service allowed per Defendant. | + 51.00 | + 51.00 | + 51.00 | + 51.00 | + 51.00 |
Total costs & fees endorsed on Claim | = 271.50 | = 373.50 | = 475.50 | = 688.10 | = 790.10 |
Solicitors’ costs on entering default judgment. | + 51.00 | + 51.00 | + 51.00 | + 51.00 | + 51.00 |
Total costs & fees claimed on signing judgment | = 322.50 | = 424.50 | = 526.50 | = 739.10 | = 841.10 |
Solicitors’ costs on preparing enforcement process. | + 51.00 | + 51.00 | + 51.00 | + 51.00 | + 51.00 |
Filing fee on enforcement process. | + 39.50 | + 39.50 | + 39.50 | + 39.50 | + 39.50 |
Service expense allowed (per party per service). | + 51.00 | + 51.00 | + 51.00 | + 51.00 | + 51.00 |
or Bailiff’s execution fee allowed(Warrants to Sell Property) . | +165.90 | +165.90 | +165.90 | +165.90 | +165.90 |
1. For filing fees, see:
- Magistrates Court (Civil Division) (Fees) Regulations 2018, 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 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).