Magistrates Court (Civil Division) (Fees) Regulations 2008


Tasmanian Crest
Magistrates Court (Civil Division) (Fees) Regulations 2008

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Magistrates Court (Civil Division) Act 1992 .

17 March 2008

W. J. E. COX

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Justice

1.   Short title

These regulations may be cited as the Magistrates Court (Civil Division) (Fees) Regulations 2008 .

2.   Commencement

These regulations take effect on 30 March 2008.

3.   Interpretation

In these regulations –
Act means the Magistrates Court (Civil Division) Act 1992 .

4.   Scale of fees

The scale of fees specified in Schedule 1 is prescribed for the purposes of the Act.

5.   Bailiff's fees

(1)  The bailiff's fee referred to in item 4 of Schedule 1 is the fee that a bailiff may charge a judgment debtor.
(2)  The fee does not regulate the amount a bailiff may charge a judgment creditor.
SCHEDULE 1 - Court fees

Regulations 4 and 5

Item

Fee

Amount

(fee units)

1. 

Filing fee for –

 
 

(a) a claim for a sum of money where the amount claimed in the action does not exceed $5 000

65

 

(b) a claim for a sum of money where the amount claimed in the action exceeds $5 000

78

 

(c) a claim other than for a sum of money

78

 

(d) a claim for relief under the Residential Tenancy Act 1997

30

2. 

Filing fee on any enforcement process

15

3. 

Service fee on any process –

 
 

(a) by personal service (if required under the rules of court)

60

 

(b) by other manner of service

30

4. 

Bailiff's fee on execution of any enforcement process

100

5. 

Fee on taxation of bill of costs

45

6. 

Fee for any transcript (each page)

2

7. 

Fee for inspection of records or other documents held in registry

10

8. 

Fee for copy of records or other documents supplied by registrar

5

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 March 2008

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –
(a) prescribe the scale of fees for the Magistrates Court (Civil Division) Act 1992 ; and
(b) are made consequentially on the repeal of the Magistrates Court (Civil Division) (Fees) Regulations 1998 under the Subordinate Legislation Act 1992 .