SUPREME COURT (FEES) VARIATION REGULATIONS 2012 (NO 144 OF 2012)

South Australian Numbered Regulations

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SUPREME COURT (FEES) VARIATION REGULATIONS 2012 (NO 144 OF 2012) - REG 4

4—Substitution of Schedules 1 and 2

Schedules 1 and 2—delete the Schedules and substitute:

Schedule 1—Fees in general jurisdiction

Part 1—General

General Fees

1

On filing an application for disclosure of documents before the commencement of a proceeding

(a) for a prescribed corporation

$528.00

(b) for any other person

$374.00

2

On filing a document by which a proceeding in the court is commenced—

(a) in the case where a fee has previously been paid for filing an application for disclosure of documents relating to the subject-matter of the proceeding—

(i) for a prescribed corporation

$2 571.00

(ii) for any other person

$1 822.00

(b) in any other case—

(i) for a prescribed corporation

$3 099.00

(ii) for any other person

$2 196.00

3

On filing a counterclaim or third party notice

(a) for a prescribed corporation

$3 099.00

(b) for any other person

$2 196.00

4

On filing a summons for permission to appeal

(a) for a prescribed corporation

$528.00

(b) for any other person

$374.00

5

On filing a notice of appeal for which permission to appeal is required

(a) for a prescribed corporation

$2 571.00

(b) for any other person

$1 822.00

6

On filing a notice of appeal in respect of an appeal as of right

(a) for a prescribed corporation

$3 099.00

(b) for any other person

$2 196.00

Note—

No further fee is payable for filing pleadings or particulars or for any interlocutory application, interlocutory motion, application for directions or application for immediate relief, for signing judgment or for any necessary affidavit or document.

7

On—

(a) filing or lodging an application, notice or other document that does not relate to a proceeding for which a fee has been paid under any of the previous clauses

$66.00

(b) sealing a certificate

$66.00

(c) certifying under seal that a document is a true copy

$66.00

8

For each request to search and inspect a record of the court, other than a Divorce or Matrimonial Causes record

Note—

No fee is payable under this clause for a request made in respect of a record relating to criminal proceedings by or on behalf of the defendant or the victim of the offence that is the subject of those proceedings.

$21.00

9

For a copy of a document (other than a copy of evidence)—per page

$4.30

10

For a copy of evidence—per page

$7.00

11

For a copy of the reasons for judgment—per page

Note—

1 copy will be supplied to a party to the proceedings free of charge.

$7.00

12

The fee for a data storage device containing a record of court proceedings (including reasons for judgment) is the fee that would be payable under these regulations for a printed copy of the record of the proceedings plus for each day or part of a day on which the proceedings were recorded

$112.00

13

For production of a transcript on the request of a party where the court does not require the transcript—per page

$14.20

14

Trial fee—for each day or part of a day on which the trial is heard by the court—

(a) for a prescribed corporation

$3 099.00

(b) for any other person

$2 196.00

Note—

The fee for a trial is the fee fixed under clause 14 as in force on the day on which the trial commenced and is payable by the plaintiff or appellant in the proceedings. However, if the court or Registrar so orders, the fee is payable by another party to the proceedings or by the parties to the proceedings in the proportions ordered.

Suitors' Funds

15

On interest collected on funds in court or credited to an account, payable from time to time or prior to the payment or transfer of interest out of any fund or money in court—

(a) if the interest is $10.00 or less

no fee

(b) in any other case

3% of amount of interest

Fees Payable on Taxation of Costs

16

On lodging a bill of costs

$66.00

17

For taxing a bill of costs

5% of amount allowed on taxation (to nearest dollar)

Miscellaneous

18

On serving on a Registrar of the Magistrates Court copies of a notice of appeal to the Supreme Court against a decision of the Magistrates Court pursuant to section 42 of the Magistrates Court Act 1991

Note—

This fee is payable at the Magistrates Court when the appeal is lodged.

$206.00

19

For opening the Registry (or the Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour

$338.00

20

For opening the court (or the court remaining open) after hours for urgent hearing—for each hour or part of an hour

$1 016.00

Part 2—Fees payable under rules regulating admission of practitioners

21

On application for admission or re-admission as a practitioner

$520.00

Part 3—Fees to be taken by officers of the court or Commissioners for taking affidavits

22

On taking an affidavit or an affirmation or attestation upon honour or a declaration (for each person making the affidavit, affirmation, attestation upon honour or declaration)—

(a) if taken by a Commissioner who has to travel more than 1 kilometre from his or her residence or office or, in the case of an officer of the court, 1 kilometre from the Registry

$11.20

(b) in any other case—

(i) if taken within the State

$2.20

(ii) if taken outside the State

$4.40

23

For attesting a document required to be attested by a Commissioner for taking affidavits

$2.20

24

Commissioner's fee on execution of bail in the Admiralty jurisdiction, including any affidavit of justification

$18.00

Part 4—Fees to be taken in marshal's office

25

Receiving and entering a writ of summons, warrant of release, decree, order, commission or other instrument under the seal of the court

$54.00

26

For—

(a) service of a writ of summons

$45.00

(b) execution of a warrant of arrest—for each person

$93.50

but, if a writ is served and a warrant executed on a person at the same time

$121.00

27

For execution of a warrant for the seizure of a ship, cargo or other goods

$93.50

28

For the release of any ship, goods or person from seizure or arrest

$45.00

29

For the execution of a commission of appraisement or sale

$93.50

30

For the execution of any decree, order, commission or instrument other than 1 otherwise specified in this Part

$93.50

31

For delivery of a ship or goods to a purchaser

$93.50

32

For attending the discharge of cargo or removal of a ship or goods—payable per day or part of a day

$93.50

33

For opening office (or office remaining open) after hours for urgent execution of process—payable per hour or part of an hour

$338.00

34

On the gross proceeds of any ship or goods sold—

(a) for every $200 or part of $200, up to $20 000

$18.40

(b) for each additional $200 or part of $200

$11.20

35

For retaining possession of a ship (with or without cargo) or of a ship's cargo—for each day or part of a day

$54.00

Note—

No fee is payable under this Part for the custody and possession of property seized if it consists of money with an ADI, or goods stored in a bonded warehouse, or if it is in the custody of a customs officer or other authorised person.

Schedule 2—Fees in probate jurisdiction

1

On lodging an application for—

(a) a grant of probate or administration

$1 028.00

(b) the sealing of a grant under section 17 of the Administration and Probate Act 1919

$1 028.00

(c) an order under section 9 of the Public Trustee Act 1995

$1 028.00

Note—

The fee under clause 1 covers—

(a) photocopies required of the will or other document (if any) for the grant and record or other purposes;

(b) preparing and sealing any probate or letters of administration, with or without the will annexed, and any order to the Public Trustee to administer;

(c) sealing any probate or letters of administration, with or without the will annexed, exemplification or other document under section 17 of the Administration and Probate Act 1919 .

2

On lodging an application to amend a grant or for noting on a grant that the deceased died domiciled in South Australia if not so noted when the grant was issued (inclusive fee)

$75.50

3

On lodging 2 certified photocopies of an order under the Inheritance (Family Provision) Act 1972 for annexation to the grant and for the record (inclusive fee)

$75.50

4

On lodging an application to revoke or impound a grant (inclusive fee)

$75.50

5

For a photographic copy of a will or extract of a will or other document—for each photographic sheet supplied

$3.60

6

For impressing a seal of the court on a copy

$33.80

Note—

This fee is not payable where the fee under clause 8 is payable.

7

For the Registrar's certificate in verification of a copy

$33.80

8

For an exemplification of probate or letters of administration, with or without the will annexed (in addition to the fee under clause 5)

$75.50

9

For the entry or withdrawal of a caveat, for a warning to a caveat or for service of a warning to a caveat sent by the Registrar through the post

$31.00

10

On entering an appearance—for 1 or more persons

$54.00

11

For sealing a citation or a subpoena

$31.00

12

For a search for a will or other document filed in the Registry and the issue of a search copy (inclusive fee)

$18.40

and, in addition, for handling a search by post—in respect of each will or other document

$1.80

13

For depositing the will of a deceased person in the Registry—

(a) for safe custody on renunciation of executor (inclusive fee)

$31.00

(b) under the Crown Lands Act 1929 (inclusive fee)

$31.00

14

For depositing the will or codicil of a living person for safe custody in the Registry under section 13 of the Administration and Probate Act 1919 (inclusive fee)

$103.00

15

On withdrawal of a will under section 15 of the Administration and Probate Act 1919 (inclusive fee)

$50.50

16

For the examination of a person or witness before the Registrar for the purpose of an inquiry or investigation—for each hour or part of an hour

$130.00

17

For perusing and settling citations, advertisements, oaths, affidavits or other documents—per document

$39.50

Note—

This fee is not payable on an application under section 16 of the Administration and Probate Act 1919 .

18

On sealing a summons without notice or an inter partes summons

$262.00

19

On sealing any other summons

$50.50

Note—

The fee under clause 18 or 19 is not payable where the fee under clause 1 is payable.

20

On lodging an application for an order admitting to proof a nuncupative will, a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents

$262.00

21

Hearing in chambers or in court where the hearing occupies more than 10 hours—for every additional period of 5 hours or part of 5 hours

$130.00

Note—

The fees under clauses 18, 19 and 20 cover any necessary document, affidavit or search, any interlocutory summons and the entering and sealing of any judgment, decree or order given or made in court or in chambers.

22

For filing a renunciation after the issue of a grant by an executor to whom leave was reserved (inclusive fee)

$50.50

23

For—

(a) a certificate under the hand of the Registrar

$31.00

(b) filing or depositing an affidavit or document in the Registry

$9.30

(c) sealing an order of the court or the Registrar (inclusive fee)

$50.50

Note—

These fees are not payable where the certificate or the filing, deposit or sealing of the order is included in an application or proceeding for which another fee is payable.

24

For administering an oath, taking an affirmation, superintending and attesting execution of a bond, or for taxing or moderating a bill of costs

The appropriate fee set out in Schedule 1

Note—

The fee payable in respect of a document of foreign origin that is not strictly of a type referred to in this Schedule is that payable in respect of the document specified in this Schedule to which, in the opinion of the Registrar, the foreign document most closely corresponds.

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Part 1—General
General Fees
1	On filing an application for disclosure of documents before the commencement of a proceeding
	(a) for a prescribed corporation		$528.00
	(b) for any other person		$374.00
2	On filing a document by which a proceeding in the court is commenced—
	(a) in the case where a fee has previously been paid for filing an application for disclosure of documents relating to the subject-matter of the proceeding—
		(i) for a prescribed corporation	$2 571.00
		(ii) for any other person	$1 822.00
	(b) in any other case—
		(i) for a prescribed corporation	$3 099.00
		(ii) for any other person	$2 196.00
3	On filing a counterclaim or third party notice
	(a) for a prescribed corporation		$3 099.00
	(b) for any other person		$2 196.00
4	On filing a summons for permission to appeal
	(a) for a prescribed corporation		$528.00
	(b) for any other person		$374.00
5	On filing a notice of appeal for which permission to appeal is required
	(a) for a prescribed corporation		$2 571.00
	(b) for any other person		$1 822.00
6	On filing a notice of appeal in respect of an appeal as of right
	(a) for a prescribed corporation		$3 099.00
	(b) for any other person		$2 196.00
	Note— No further fee is payable for filing pleadings or particulars or for any interlocutory application, interlocutory motion, application for directions or application for immediate relief, for signing judgment or for any necessary affidavit or document.
7	On—
	(a) filing or lodging an application, notice or other document that does not relate to a proceeding for which a fee has been paid under any of the previous clauses		$66.00
	(b) sealing a certificate		$66.00
	(c) certifying under seal that a document is a true copy		$66.00
8	For each request to search and inspect a record of the court, other than a Divorce or Matrimonial Causes record Note— No fee is payable under this clause for a request made in respect of a record relating to criminal proceedings by or on behalf of the defendant or the victim of the offence that is the subject of those proceedings.		$21.00
9	For a copy of a document (other than a copy of evidence)—per page		$4.30
10	For a copy of evidence—per page		$7.00
11	For a copy of the reasons for judgment—per page Note— 1 copy will be supplied to a party to the proceedings free of charge.		$7.00
12	The fee for a data storage device containing a record of court proceedings (including reasons for judgment) is the fee that would be payable under these regulations for a printed copy of the record of the proceedings plus for each day or part of a day on which the proceedings were recorded		$112.00
13	For production of a transcript on the request of a party where the court does not require the transcript—per page		$14.20
14	Trial fee—for each day or part of a day on which the trial is heard by the court—
	(a) for a prescribed corporation		$3 099.00
	(b) for any other person		$2 196.00
Note— The fee for a trial is the fee fixed under clause 14 as in force on the day on which the trial commenced and is payable by the plaintiff or appellant in the proceedings. However, if the court or Registrar so orders, the fee is payable by another party to the proceedings or by the parties to the proceedings in the proportions ordered.
Suitors' Funds
15	On interest collected on funds in court or credited to an account, payable from time to time or prior to the payment or transfer of interest out of any fund or money in court—
	(a) if the interest is $10.00 or less		no fee
	(b) in any other case		3% of amount of interest
Fees Payable on Taxation of Costs
16	On lodging a bill of costs		$66.00
17	For taxing a bill of costs		5% of amount allowed on taxation (to nearest dollar)
Miscellaneous
18	On serving on a Registrar of the Magistrates Court copies of a notice of appeal to the Supreme Court against a decision of the Magistrates Court pursuant to section 42 of the Magistrates Court Act 1991 Note— This fee is payable at the Magistrates Court when the appeal is lodged.		$206.00
19	For opening the Registry (or the Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour		$338.00
20	For opening the court (or the court remaining open) after hours for urgent hearing—for each hour or part of an hour		$1 016.00
Part 2—Fees payable under rules regulating admission of practitioners
21	On application for admission or re-admission as a practitioner		$520.00
Part 3—Fees to be taken by officers of the court or Commissioners for taking affidavits
22	On taking an affidavit or an affirmation or attestation upon honour or a declaration (for each person making the affidavit, affirmation, attestation upon honour or declaration)—
	(a) if taken by a Commissioner who has to travel more than 1 kilometre from his or her residence or office or, in the case of an officer of the court, 1 kilometre from the Registry		$11.20
	(b) in any other case—
	(i) if taken within the State		$2.20
	(ii) if taken outside the State		$4.40
23	For attesting a document required to be attested by a Commissioner for taking affidavits		$2.20
24	Commissioner's fee on execution of bail in the Admiralty jurisdiction, including any affidavit of justification		$18.00
Part 4—Fees to be taken in marshal's office
25	Receiving and entering a writ of summons, warrant of release, decree, order, commission or other instrument under the seal of the court		$54.00
26	For—
	(a) service of a writ of summons		$45.00
	(b) execution of a warrant of arrest—for each person		$93.50
	but, if a writ is served and a warrant executed on a person at the same time		$121.00
27	For execution of a warrant for the seizure of a ship, cargo or other goods		$93.50
28	For the release of any ship, goods or person from seizure or arrest		$45.00
29	For the execution of a commission of appraisement or sale		$93.50
30	For the execution of any decree, order, commission or instrument other than 1 otherwise specified in this Part		$93.50
31	For delivery of a ship or goods to a purchaser		$93.50
32	For attending the discharge of cargo or removal of a ship or goods—payable per day or part of a day		$93.50
33	For opening office (or office remaining open) after hours for urgent execution of process—payable per hour or part of an hour		$338.00
34	On the gross proceeds of any ship or goods sold—
	(a) for every $200 or part of $200, up to $20 000		$18.40
	(b) for each additional $200 or part of $200		$11.20
35	For retaining possession of a ship (with or without cargo) or of a ship's cargo—for each day or part of a day		$54.00
	Note— No fee is payable under this Part for the custody and possession of property seized if it consists of money with an ADI, or goods stored in a bonded warehouse, or if it is in the custody of a customs officer or other authorised person.

1	On lodging an application for—
	(a) a grant of probate or administration	$1 028.00
	(b) the sealing of a grant under section 17 of the Administration and Probate Act 1919	$1 028.00
	(c) an order under section 9 of the Public Trustee Act 1995	$1 028.00
Note— The fee under clause 1 covers— (a) photocopies required of the will or other document (if any) for the grant and record or other purposes; (b) preparing and sealing any probate or letters of administration, with or without the will annexed, and any order to the Public Trustee to administer; (c) sealing any probate or letters of administration, with or without the will annexed, exemplification or other document under section 17 of the Administration and Probate Act 1919 .
2	On lodging an application to amend a grant or for noting on a grant that the deceased died domiciled in South Australia if not so noted when the grant was issued (inclusive fee)	$75.50
3	On lodging 2 certified photocopies of an order under the Inheritance (Family Provision) Act 1972 for annexation to the grant and for the record (inclusive fee)	$75.50
4	On lodging an application to revoke or impound a grant (inclusive fee)	$75.50
5	For a photographic copy of a will or extract of a will or other document—for each photographic sheet supplied	$3.60
6	For impressing a seal of the court on a copy	$33.80
	Note— This fee is not payable where the fee under clause 8 is payable.
7	For the Registrar's certificate in verification of a copy	$33.80
8	For an exemplification of probate or letters of administration, with or without the will annexed (in addition to the fee under clause 5)	$75.50
9	For the entry or withdrawal of a caveat, for a warning to a caveat or for service of a warning to a caveat sent by the Registrar through the post	$31.00
10	On entering an appearance—for 1 or more persons	$54.00
11	For sealing a citation or a subpoena	$31.00
12	For a search for a will or other document filed in the Registry and the issue of a search copy (inclusive fee)	$18.40
	and, in addition, for handling a search by post—in respect of each will or other document	$1.80
13	For depositing the will of a deceased person in the Registry—
	(a) for safe custody on renunciation of executor (inclusive fee)	$31.00
	(b) under the Crown Lands Act 1929 (inclusive fee)	$31.00
14	For depositing the will or codicil of a living person for safe custody in the Registry under section 13 of the Administration and Probate Act 1919 (inclusive fee)	$103.00
15	On withdrawal of a will under section 15 of the Administration and Probate Act 1919 (inclusive fee)	$50.50
16	For the examination of a person or witness before the Registrar for the purpose of an inquiry or investigation—for each hour or part of an hour	$130.00
17	For perusing and settling citations, advertisements, oaths, affidavits or other documents—per document	$39.50
	Note— This fee is not payable on an application under section 16 of the Administration and Probate Act 1919 .
18	On sealing a summons without notice or an inter partes summons	$262.00
19	On sealing any other summons	$50.50
	Note— The fee under clause 18 or 19 is not payable where the fee under clause 1 is payable.
20	On lodging an application for an order admitting to proof a nuncupative will, a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents	$262.00
21	Hearing in chambers or in court where the hearing occupies more than 10 hours—for every additional period of 5 hours or part of 5 hours	$130.00
	Note— The fees under clauses 18, 19 and 20 cover any necessary document, affidavit or search, any interlocutory summons and the entering and sealing of any judgment, decree or order given or made in court or in chambers.
22	For filing a renunciation after the issue of a grant by an executor to whom leave was reserved (inclusive fee)	$50.50
23	For—
	(a) a certificate under the hand of the Registrar	$31.00
	(b) filing or depositing an affidavit or document in the Registry	$9.30
	(c) sealing an order of the court or the Registrar (inclusive fee)	$50.50
	Note— These fees are not payable where the certificate or the filing, deposit or sealing of the order is included in an application or proceeding for which another fee is payable.
24	For administering an oath, taking an affirmation, superintending and attesting execution of a bond, or for taxing or moderating a bill of costs	The appropriate fee set out in Schedule 1
	Note— The fee payable in respect of a document of foreign origin that is not strictly of a type referred to in this Schedule is that payable in respect of the document specified in this Schedule to which, in the opinion of the Registrar, the foreign document most closely corresponds.