CIRCULARS

No 2 of 2019

Fees (Annual Increase) and Civil Division Ready Reckoner effective 1 July 2019

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 2019.

A fee unit is now prescribed to have a value of $1.62.

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
  • Surrogacy Regulations 2013

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

3 June 2019

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Civil Division - Costs and Fees Claimable - Ready Reckoner

Following the annual indexation of a "fee unit" (now $1.62) under the Fee Units Act 1997, which takes effect from 1 July 2019, 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.

113.40

113.40

113.40

226.80

226.80

Appeal Costs Fund fee.

+ 8.10

+ 8.10

+ 8.10

+ 8.10

+ 8.10

Total filing fees payable on Claim

= 121.50

= 121.50

= 121.50

= 234.90

= 234.90

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

= 274.50

= 376.50

= 478.50

= 693.90

= 795.90

Solicitors’ costs on entering default judgment.

+ 51.00

+ 51.00

+ 51.00

+ 51.00

+ 51.00

Total costs & fees claimed on signing judgment

= 325.50

= 427.50

= 529.50

= 744.90

= 846.90

Solicitors’ costs on preparing enforcement process.

+ 51.00

+ 51.00

+ 51.00

+ 51.00

+ 51.00

Filing fee on enforcement process.

+ 40.50

+ 40.50

+ 40.50

+ 40.50

+ 40.50

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) .

+170.10

+170.10

+170.10

+170.10

+170.10

  • For filing fees, see:  Magistrates Court (Civil Division) (Fees) Regulations 2018, Schedule 1; and Fee Units Act 1997 s6
  • For Appeal Costs Fund fee, see: Appeal Costs Fund Act 1968 s5(1) and Appeal Costs Fund Regulations 2003 r.4
  • For costs allowable see: Magistrates Court (Civil Division) Rules 1998, Schedule 1, Part 3
  • For service fee allowable see: Magistrates Court (Civil Division) Rules 1998, Schedule 1, Parts 1 & 2, Item 14(b)
  • 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).