Civil Process (Table of Fees for Execution) Rules 199114 October 1991
We, the Honourable Sir Guy Stephen Montagu Green, Knight Commander of the Most Excellent Order of the British Empire, Chief Justice, the Honourable William John Ellis Cox, the Honourable Peter George Underwood and the Honourable Ewan Charles Crawford, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, hereby make the following Rules under the Civil Process Act 1870 .
These rules may be cited as the Civil Process (Table of Fees for Execution) Rules 1991 .
These rules take effect on the day on which their making is notified in the Gazette.
The table of fees set out in Schedule 1 applies to proceedings whether those proceedings have commenced before or commence after these rules take effect.
For the purposes of section 2 of the Civil Process Act 1870 , the table of fees set out in Schedule 1 is the table of fees to be paid to the Sheriff and any other officer of the Sheriff concerned in the execution of civil process.
5. Fees not to be received for own use
The Sheriff or any other officer of the Sheriff shall not receive or retain for personal use any fee specified in the table of fees set out in Schedule 1 .
The table of fees and the general rule made under the Civil Process Act 1870 (being Statutory Rules 1984, No. 245) is revoked.
SCHEDULE 1 - Table of Fees for Execution of Civil Process[Schedule 1 Amended by S.R. 1997, No. 97, Applied:16 Jul 1997] [Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008] [Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008] [Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008] [Schedule 1 Amended by S.R. 2008, No. 44, Applied:04 Jun 2008] [Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012] [Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012] [Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012] [Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012] [Schedule 1 Amended by S.R. 2012, No. 56, Applied:01 Aug 2012] [Schedule 1 Amended by S.R. 2015, No. 90, Applied:23 Dec 2015]
$ | 1. | For each warrant issued by the Sheriff or any deputy of the Sheriff – | (a) in respect of debts not exceeding $20 000 | 100.00 | (b) in respect of debts exceeding $20 000 | 200.00 | 2. | Travelling expenses necessarily incurred by the Sheriff in connection with the execution of civil process – | (a) using the most usual mode of transport; or | Actual cost | (b) if a motor vehicle is used, for each kilometre | 0.70 | 3. | For each sale by auction, 5% on amount realized if it does not exceed $1 000 and 2.5% on all sums exceeding that amount | Actual cost | 4. | For each person necessarily employed to assist with any execution or sale | Actual cost | 5. | For service of each document in connection with the execution of civil process | 55.00 | 6. | For other necessary expenses of the Sheriff or any officer of the Sheriff in connection with the execution of civil process | Actual cost | 7. | For a levy or seizure by the Sheriff – | (a) in respect of a debt not exceeding $20 000 | $310 | (b) in respect of a debt exceeding $20 000 | $620 | (c) in respect of a writ of execution that is otherwise than in respect of a debt | $620 |
G. S. M. GREEN
Chief Justice
W. J. E. COX
Puisne Judge
P. G. UNDERWOOD
Puisne Judge
E. C. CRAWFORD
Puisne Judge
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 October 1991
These rules are administered in the Department of Justice.