CIRCULARS

No. 4 / 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).