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).