Queensland Subordinate Legislation as Made

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JUSTICE LEGISLATION (FEES, ALLOWANCES AND OTHER AMOUNTS) AMENDMENT REGULATION 2021 - REG 121

Replacement of schs 1–3

121 Replacement of schs 1–3

Schedules 1 to 3 —
omit, insert—

1 &endash; Supreme Court and District Court fees

Supreme Court District Court
$ $
Originating process
1 (1) Filing a claim, including a counterclaim or writ in admiralty, under the Corporations Act or the Admiralty Act 1988 (Cwlth) —
(a) if at least 1 plaintiff is a corporation 2,882.00 not applicable
(b) otherwise 1,203.00 not applicable
(2) Filing an application that is an originating process under the Corporations Act or the Admiralty Act 1988 (Cwlth) —
(a) if at least 1 applicant is a corporation 2,882.00 not applicable
(b) otherwise 1,203.00 not applicable
(3) Filing a claim, including a counterclaim, other than a claim or counterclaim mentioned in subitem (1)—
(a) if at least 1 plaintiff is a corporation 2,023.00 1,816.00
(b) otherwise 1,008.00 911.00
(4) Filing an application, other than an application mentioned in subitem (2) or item 2, that is an originating process—
(a) if at least 1 applicant is a corporation 2,023.00 1,816.00
(b) otherwise 1,008.00 911.00
(5) Filing a document initiating an appeal, including a case stated, an application for leave to appeal or a cross appeal—
(a) if at least 1 party initiating the appeal is a corporation 3,032.00 2,726.00
(b) otherwise 1,515.00 1,361.00
Administration of estates
2 Filing—
(a) an application for probate or letters of administration 748.10 not applicable
(b) an application for resealing of a foreign grant of probate or letters of administration under the British Probates Act 1898 748.10 not applicable
(c) an application for an order to administer under the Public Trustee Act 1978 748.10 not applicable
Any other documents
3 (1) Filing an application in the Supreme Court to be admitted to the legal profession under the Legal Profession Act 2007 74.20 not applicable
(2) Filing or receiving any document not connected with a matter already on record and not otherwise provided for, including the filing or receiving of any document in the sheriff’s office or marshal’s office 120.70 104.10
(3) If a fee is paid under subitem (2) in relation to a document, a further fee is not payable under the subitem for filing any subsequent document related to the first document.
Issuing subpoena
4 Issuing a subpoena under the Uniform Civil Procedure Rules 1999 , rule 414 at the request of a party 98.70 98.70
Setting down
5 (1) Setting down for hearing or trial a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth) —
(a) if at least 1 plaintiff or appellant is a corporation 4,809.00
not applicable
(b) otherwise 2,407.00 not applicable
(2) Setting down for hearing or trial any other proceeding—
(a) if at least 1 plaintiff or appellant is a corporation 3,370.00 3,032.00
(b) otherwise 1,685.00 1,515.00
Hearing
6 (1) For the hearing or trial of a proceeding under the Corporations Act or the Admiralty Act 1988 (Cwlth) —
(a) for each day or part of a day after the first day—
(i) if at least 1 plaintiff or appellant is a corporation
1,927.00 		not applicable
(ii) otherwise 956.70 not applicable
(b) for each day or part of a day after the fourth day—
(i) if at least 1 plaintiff or appellant is a corporation 3,462.00 not applicable
(ii) otherwise 1,595.00 not applicable
(c) for each day or part of a day after the ninth day—
(i) if at least 1 plaintiff or appellant is a corporation 6,830.00
not applicable
(ii) otherwise 3,207.00 not applicable
(2) For the hearing or trial of any other proceeding—
(a) for each day or part of a day after the first day—
(i) if at least 1 plaintiff or appellant is a corporation 1,347.00 1,210.00
(ii) otherwise 676.50 605.20
(b) for each day or part of a day after the fourth day—
(i) if at least 1 plaintiff or appellant is a corporation 2,428.00 2,180.00
(ii) otherwise 1,211.00 1,093.00
(c) for each day or part of a day after the ninth day—
(i) if at least 1 plaintiff or appellant is a corporation 4,718.00 4,244.00
(ii) otherwise 2,355.00 2,118.00
Reduced fee
7 Reduced fee—
(a) for a corporation in relation to a fee payable under item 1(3), (4) or (5), 5(2) or 6(2)—the fee that would be payable under the item if the corporation were a party other than a corporation
(b) otherwise 136.50 136.50
Opening offices
8 Opening, or keeping open, the registry, sheriff’s office or marshal’s office between 4.30p.m. and 8.30a.m. or on a Saturday, Sunday or court holiday 559.60 559.60
Copies
9 Copy of a record of the court or a document or exhibit filed in the registry, sheriff’s office or marshal’s office, including reasons for judgment—
(a) first copy—each page 2.95 2.95
(b) maximum fee for first copy 76.75 76.75
(c) additional copy—each page 0.65 0.65
(d) maximum fee for additional copy 30.60 30.60
10 (1) Certifying a copy of a record of the court or a document or exhibit filed in the registry 72.95 72.95
(2) This fee is in addition to the fee mentioned in item 9.
(3) This fee does not apply to certifying the original certificate of admission of a person to the legal profession under the Legal Profession Act 2007 .
Attendance of officer
11 (1) For an officer—
(a) to attend with a record or document at a court or place out of the court building; or
(b) to attend to examine a witness or an enforcement debtor away from the court building; or
(c) to attend a view out of the office; or
(d) *to attend to the discharge of cargo; or
(e) *to attend to the sale or removal of a ship or goods; or
(f) *to attend to the delivery up of a ship or goods in accordance with the inventory—
(i) for each hour or part of an hour 119.50 119.50
(ii) maximum fee for a day 598.50 598.50
(2) *For an officer to attend the release of a ship, goods, or person from arrest
52.00 		not applicable
(3) The reasonable travelling and other expenses of the officer are also payable.
Public searches
12 (1) Searching the records—for each name or file 26.60 26.60
(2) Retrieval from Queensland State Archives—for each file 26.60 26.60
Accounts and assessment of costs
13 Taking an account before a registrar—for each hour or part of an hour 119.50 119.50
14 (1) Assessment by an assessing registrar of a costs statement under the Uniform Civil Procedure Rules 1999 , rule 708, wholly or partly—for each hour or part of an hour 119.50 119.50
(2) Assessment by an assessing registrar of a costs statement other than under the Uniform Civil Procedure Rules 1999 , rule 708—for each $100 or part of $100 allowed 14.95 14.95
Miscellaneous
15 (1) *Drawing an advertisement 162.20 162.20
(2) Settling and executing a deed of transfer 162.20 162.20
(3) Appointing a valuer for a ship or an auctioneer or agent to sell a ship, in addition to any fee payable to the valuer, auctioneer or agent 155.90
not applicable
16 Certificate of registrar 72.95 72.95
17 Preparation and photocopying of documents for inclusion in appeal books—
(a) first copy—each page 2.95 not applicable
(b) additional copy—each page 0.65 not applicable
(c) binding of appeal books—each book 11.35 not applicable
Expenses of registrar, enforcement officer or marshal
18 *Any amount that a registrar, enforcement officer or marshal considers was actually and reasonably incurred for—
(a) each person left in possession; or
(b) the securing and safe custody of property under seizure; or
(c) any of the following—(i) board and lodging;
(ii) travelling expenses;
(iii) clerical assistance at sales;
(iv) advertising;
(v) feeding livestock or removing it to a place of safekeeping;
(vi) hire of transport, warehouses or yards;
(vii) out-of-pocket expenses.
Poundage
19 (1) Poundage on enforcing a warrant or other process under, or because of, which an amount is received by a registrar, sheriff or the enforcement creditor—2.5% of the amount received, but not less than 162.20 162.20
(2) Poundage on enforcing a warrant for possession—2.5% determined on annual rent or value, but not less than 162.20 162.20
(3) No fee is payable on the sale of a ship or goods sold by the marshal under a judgment or order of the court.
Fees payable to enforcement officer, marshal or marshal’s officer
20 (1) Service or attempted service, or enforcement or attempted enforcement, of a warrant, process or document—
(a) on each person or ship served or enforced 112.00 112.00
(b) for each additional warrant, process or document served or enforced if—
(i) 2 or more warrants, processes or documents lodged at the same time against the same person or ship are served or enforced at the same time; or
(ii) 2 or more persons or ships are served with the same warrant, process or document, the same proceedings are enforced against them, or proceedings are enforced at the same time and at the same address 20.15 20.15
(2) The reasonable travelling and other expenses of the officer are also payable.
21 (1) Travelling fees on service or attempted service, or enforcement or attempted enforcement, of a warrant, process or document—for each kilometre or part of a kilometre necessarily travelled from the registry to the place of service or enforcement, 1 way in excess of 8km from the registry 3.95 3.95
(2) Only 1 travelling fee may be charged if—
(a) 2 or more warrants, processes or documents lodged at the same time against the same person or ship are served or enforced at the same time; or
(b) 2 or more persons or ships are served with the same warrant, process or document, the same proceedings are enforced against them, or proceedings are enforced at the same time and at the same address.
22 (1) Taking a person to prison or a place of detention from the place of arrest—for each kilometre 3.95 3.95
(2) In addition to the fee mentioned in subitem (1), other unavoidable expenses involved in taking a person to prison or a place of detention are also payable
23 (1) For time necessarily spent after the first hour, for each hour or part of an hour, on—
(a) service or attempted service, or enforcement or attempted enforcement, of a warrant, process or document; or
(b) arranging or conducting an auction 35.10 35.10
(2) If the enforcement officer performing a duty mentioned in subitem (1) is a full-time or part-time officer of the public service and performs the duty during the officer’s normal working hours, the fee is to be paid to the court.
24 (1) Retaining possession by the marshal or marshal’s officer of a ship, with or without cargo, or of a ship’s cargo without a ship—for each day 18.90 not applicable
(2) In addition to the fee mentioned in subitem (1), the reasonable expenses incurred for a ship keeper in retaining possession of a ship are also payable.
(3) No fee is payable for the custody and possession of property under arrest—
(a) if it consists of an amount in a bank or goods stored in a bonded warehouse; or
(b) if it is in the custody of an authorised officer within the meaning of the Customs Act 1901 (Cwlth).
* indicates fee may be payable to the enforcement officer, marshal or marshal’s officer

2 &endash; Magistrates Courts fees

Part 1 - Court fees

$
Filing claim or other document
1 Filing a claim—
(a) if the amount claimed is $2,500 or less 182.40
(b) if the amount claimed is more than $2,500 but less than $10,000 253.90
(c) if the amount claimed is $10,000 or more but less than $50,000 272.80
(d) if the amount claimed is $50,000 or more but less than $100,000 and—
(i) the plaintiff is an individual or, if there is more than 1 plaintiff, all the plaintiffs are individuals 350.90
(ii) otherwise 553.30
(e) if the amount claimed is $100,000 or more and—
(i) the plaintiff is an individual or, if there is more than 1 plaintiff, all the plaintiffs are individuals 416.30
(ii) otherwise 691.50
2 Registering a judgment or order issued out of a court other than a State court or tribunal (including enforcement action taken on the judgment)—
(a) if the amount claimed is less than $10,000 114.40
(b) if the amount claimed is $10,000 or more 123.20
3 Filing an employment claim mentioned in the Magistrates Courts Act 1921 , section 42B 61.70
4 Filing a document, other than a claim, to start a proceeding 114.40
Copies and inspection
5 Certifying a copy of an order or a copy of another document, other than a record under the Recording of Evidence Act 1962 29.90
6 Inspecting records in a proceeding—
(a) within 4 years after filing of claim—by a person other than a party to the proceeding 16.20
(b) more than 4 years after filing of claim—by any person, including a party to the proceeding 27.95
7 Copying records in a proceeding not subject to the Recording of Evidence Act 1962 —
(a) first copy—each page 2.95
(b) maximum fee for first copy 76.75
(c) additional copy—each page 0.65
(d) maximum fee for additional copy 30.60
Poundage
8 Poundage if an enforcement officer enforces an enforcement warrant or other process under, or because of, which money is received by the bailiff or the enforcement creditor—5% on the first $200 and 2.5% on the balance (the first $200 is to be paid to the bailiff), but not less than 72.95
Opening registry
9 Opening, or keeping open, the registry between 8a.m. and 8.30a.m. or between 4.30p.m. and 6p.m. on a day other than a Saturday, Sunday or court holiday 188.60
Assessment of costs
10 Making an appointment for directions or for assessment of a costs statement by an assessing registrar 53.90
11 Assessment by an assessing registrar of a costs statement under the Uniform Civil Procedure Rules 1999 , rule 708, wholly or partly—for each hour or part of an hour 119.50
12 Assessment by an assessing registrar of a costs statement other than under the Uniform Civil Procedure Rules 1999 , rule 708—for each $100 or part of $100 allowed 14.95
13 For an order for the amount assessed 74.20

Part 2 - Bailiff’s fees

$
Service, enforcement and apprehension
1 Service or attempted service of a claim, application, subpoena, process or other document within 12km of the registry—on each person served 53.40
2 Enforcement, or attempted enforcement, of a warrant within 12km of the registry—for each bailiff 77.90
3 (1) Travelling fees on service, or attempted service, of a claim, application, subpoena, process or other document or enforcement, or attempted enforcement, of a warrant—for each kilometre or part of a kilometre necessarily travelled from the registry to the place of service or enforcement, 1 way in excess of 12km from the registry 3.95
(2) Only 1 travelling fee may be charged if—
(a) 2 or more claims, applications, subpoenas, processes, other documents or warrants lodged at the same time against the same person are served or enforced at the same time; or
(b) 2 or more persons are served with the same claim, application, process or other document at the same time and at the same address
4 (1) For time necessarily spent after the first hour on enforcement or attempted enforcement of a warrant, or apprehension or attempted apprehension—for each hour or part of an hour 25.30
(2) A payment under subitem (1) is at the discretion of a registrar.
(3) If the bailiff performing the enforcement or apprehension mentioned in subitem (1) is a full-time or part-time officer of the public service and performs the enforcement or apprehension during the officer’s normal working hours, the fee is to be paid to the court.
5 Taking a person to prison or a place of detention from the place of arrest—for each kilometre 3.95
Additional fee for payment into court
6 Additional fee if a bailiff collects and pays into court at least 50% but less than 85% of a money order debt due under a warrant 25.30
7 Additional fee if a bailiff collects and pays into court at least 85% of a money order debt due under a warrant 50.65
Custody and possession of property
8 (1) Each bailiff left in possession of property—for each day 112.00
(2) If board and lodging are not supplied, actual and reasonable expenses incurred are at the discretion of a registrar.
(3) A registrar may allow other actual and necessary payments made for the safe custody of property under seizure.
(4) No fee is payable for the custody and possession of property under seizure if the property is not kept in the actual possession of a bailiff.
Miscellaneous
9 The following amounts are at the discretion of a registrar, if actually and reasonably incurred—
(a) travelling expenses for each person;
(b) clerical assistance at sales, if necessary;
(c) advertising;
(d) the cost of feeding livestock or removing it to a place of safekeeping;
(e) necessary assistance to, or expenses incurred by, the bailiff in enforcing a warrant, for example, hiring transport, warehouses and yards and out-of-pocket expenses, for example, postage and telephone calls.
10 (1) Drawing an advertisement of sale, if the sale is under an enforcement warrant for the seizure and sale of property 100.10
(2) If the advertisement mentioned in subitem (1) is not drawn by the bailiff, the fee is to be paid to the court.

3 &endash; Planning and Environment Court fees

$
1 Filing a notice of appeal—
(a) if there is only 1 party starting the appeal and the party is an individual, or if there is more than 1 party starting the appeal and they are all individuals 669.30
(b) otherwise 1,325.00
2 Filing an originating application under the Planning and Environment Court Rules 2018 , rule 6—
(a) if there is only 1 applicant and the applicant is an individual, or if there is more than 1 applicant and all the applicants are individuals 669.30
(b) otherwise 1,325.00
3 Filing a document (the
"first document" ), other than any subsequent document relating to the first document, for which no other fee is provided 		101.60
4 Issuing a certificate on a final judgment, order, finding or decision 70.65
5 Issuing a copy of a record of the court, a document or exhibit filed in the registry or reasons for judgment—
(a) first copy—each page 2.75
(b) maximum fee for first copy 75.05
(c) additional copy—each page 0.65
(d) maximum fee for additional copy 29.70
6 Opening, or keeping open, the registry between 4.30p.m. and 8.30a.m. or on a Saturday, Sunday or court holiday 550.90
7 Searching the record in an appeal or other proceeding—for each name or file 26.30
8 Attending a view—
(a) for each hour or part of an hour 117.10
(b) maximum fee for a day 585.90
9 Making an appointment for assessment of a costs statement 117.10
10 Assessing a costs statement—for each $100 or part of $100 allowed 14.10


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