District Courts Fees Regulations 2009

Schedule 1 Fees payable in respect of proceedings in District Courts

r 4(1)

Schedule 1: replaced, on 1 July 2013, by regulation 10 of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

CategoryItemMatter for which fee is payableFee ($)
Documents initiating proceedings1Filing an initiating document (as defined in regulation 3A), unless a different filing fee is prescribed for that document elsewhere in the fees table200
2Filing a claim, an objection, an application, or other proceedings under section 21 of the Land Valuation Proceedings Act 194850
Interlocutory applications3Filing an interlocutory application (including an application for summary judgment and a review of a Registrar’s decision unless a different filing fee is prescribed for that application elsewhere in the fees table—see items 19A and 19B),—
(a)

in the case of an application made under DCR 5.44

no fee
(b)

in the case of an application to vary, discharge, or suspend an attachment order made under section 84M of the District Courts Act 1947

no fee
(ba)

in the case of an application under rule 16 (review of Registrar’s decision on application to register Australian judgment) of the Trans-Tasman Proceedings Regulations and Rules 2013

no fee
(c)

in any other case

250
4Filing an application under DCR 9.17 for an order that a witness be examined otherwise than at the time and place appointed for the hearing of the proceeding180
Statements of defence and other documents in response5Filing—
(a)

a statement of defence

75
(b)

an amended statement of defence

75
(c)

an amended statement of claim

75
(d)
[Revoked]

(e)

an appearance

75
6Filing a counterclaim (which may include in the same document, for no additional fee, a statement of defence)200
7Filing the first affidavit filed by a party in answer to an affidavit filed in support of an interlocutory application for summary judgment90
Other filing fees8[Revoked]
9Filing an application for—
(a)

default judgment (the fee for this item also covers sealing of the judgment)

90
(b)

judgment as admission of facts (the fee for this item also covers sealing of the judgment)

90
(c)

judgment for costs following a discontinuance of a statement of claim or counterclaim (the fee for this item also covers sealing of the judgment)

90
Scheduling10For scheduling the hearing date for an application or a proceeding,—
(a)

in the case of an interlocutory application

no fee
(b)

in the case of an appeal to the District Court

no fee
(c)

in the case of a limited licence application under section 103 of the Land Transport Act 1998

no fee
(d)

in any other case

900
10AJudicial settlement conference900
Hearings (see regulation 4A)11Hearing fee for each half-day or part of a half-day after the first half-day900
Attendance before Registrar12Attendance before a Registrar in an inquiry or a reference400
13Examination of witnesses by Registrar under an order of the court400
Enforcing judgments13AFiling a judgment or an order for the payment of money under section 79(5C) of the District Courts Act 194730
13BFiling a financial statement under section 84A of the District Courts Act 194765
13CFiling an application for a financial assessment under section 84C of the District Courts Act 194780
13DFiling an application for a financial assessment hearing under section 84E of the District Courts Act 1947130
13ERequesting service by an authorised process server of a summons to attend a financial assessment hearing issued under section 84E of the District Courts Act 194750
13FFiling an application for an attachment order under section 84G(1)(c) of the District Courts Act 194750
13GFiling an application for an order for contempt of enforcement proceedings under section 84O(3) of the District Courts Act 1947200
13HRequesting service by an authorised process server of a copy of an application and notification of the time and place for the hearing of that application that is required to be served under section 84OA(5) of the District Courts Act 194750
13IFiling an application for 1 of the following, or more than 1 if applied for at the same time and in respect of the same execution address:
(a)

a warrant to seize property:

(b)

a warrant for recovery of chattels:

(c)

a warrant for recovery of land (including filing a possession order under section 106 of the Residential Tenancies Act 1986)

200
13JObtaining a warrant to seize property for the value of chattels under section 104(2) of the District Courts Act 1947no fee
14Filing an application under DCR 19.3 for an order that any party be examined, for each party180
15Filing an application for an interim charging order or a final charging order250
16Filing an affidavit in support of garnishee summons250
16AFiling a new address for service where service is by an authorised process server, or where execution of a warrant pursuant to Part 6 of the District Courts Act 1947 is by a bailiff or constable (provided that a maximum of 1 fee only may be added to the judgment debt)50
17

For expenses of execution of any warrant of committal or writ of arrest

Note: For the purposes of this item, actual expenses means the actual expenses incurred by the bailiff or constable, including the costs of conveyance and lodging in prison of the person arrested

actual expenses
18For storage, cartage, and removal of goods, advertising goods for sale, or auctioning or otherwise disposing of goodsactual and reasonable disbursements
19

For each person left in possession of any premises

Note: For the purposes of this item, fees, allowances, and expenses means fees, allowances, and expenses as allowed to a witness in accordance with the Witnesses and Interpreters Fees Regulations 1974

fees, allowances, and expenses
Applications under Trans-Tasman Proceedings Act 201019A

Filing an application under section 56 of the Trans-Tasman Proceedings Act 2010 to register in the court under subpart 5 of Part 2 of that Act a registrable Australian judgment

100
19BFiling either of the following applications:250
(a)

an application to set aside registration of an Australian judgment (under section 61 of the Trans-Tasman Proceedings Act 2010):

(b)

an application for a stay of enforcement of a registered Australian judgment (under section 65 of the Trans-Tasman Proceedings Act 2010)

Administrative fees20Sealing the original copy of any document50
21Issuing a certificate of judgment or order50
22Copying any document (other than a document specified in item 23)—
(a)

for the first copy of any part or parts of the court file or any document relating to the proceeding that is provided to a party to the proceeding or that party’s counsel

no fee
(b)

where paragraph (a) does not apply,—

(i)

for each black and white page

0.20
(ii)

for each colour page

0.40
(iii)

for documents in electronic form

actual and reasonable costs
23Copying a judgment or order,—
(a)

for the first copy provided to a party to the proceeding or that party’s counsel

no fee
(b)

where paragraph (a) does not apply

3
Searching and accessing court records24Searching or inspecting the formal court record kept in an office of a court (DCR 3.3)—
(a)

for the first name or case searched

30
(b)

for each additional name or case searched

5
25Requesting access to a document under DCR 3.5(4), or applying under DCR 3.9 for permission to access documents, a court file, or the formal court record,—
(a)

if a fee has been paid under item 24 in respect of the document, court file, or formal court record

no fee
(b)

in any other case

30

Schedule 1 item 3: amended, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).

Schedule 1 item 3(a): amended, on 1 July 2014, by regulation 9(1) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 3(ba): inserted, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).

Schedule 1 item 4: amended, on 1 July 2014, by regulation 9(2) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 5(d): revoked, on 1 July 2014, by regulation 9(3) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 8: revoked, on 1 July 2014, by regulation 9(4) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 9: replaced, on 1 July 2014, by regulation 10 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 10(b): replaced, on 16 September 2013, by regulation 5 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).

Schedule 1 item 10(c): inserted, on 16 September 2013, by regulation 5 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).

Schedule 1 item 10(d): inserted, on 16 September 2013, by regulation 5 of the District Courts Fees Amendment Regulations (No 2) 2013 (SR 2013/387).

Schedule 1 item 10A: inserted, on 1 July 2014, by regulation 10 of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 13A: inserted, on 14 April 2014, by regulation 11(1) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13B: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13C: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13D: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13E: inserted, on 14 April 2014, by regulation 11(2) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13F: inserted, on 14 April 2014, by regulation 11(3) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13G: inserted, on 14 April 2014, by regulation 11(4) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13H: inserted, on 14 April 2014, by regulation 11(4) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13I: inserted, on 14 April 2014, by regulation 11(5) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 13J: inserted, on 14 April 2014, by regulation 11(6) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 14: amended, on 1 July 2014, by regulation 9(5) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 16A: inserted, on 14 April 2014, by regulation 11(7) of the District Courts Fees Amendment Regulations 2013 (SR 2013/213).

Schedule 1 item 19A: inserted, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).

Schedule 1 item 19B: inserted, on 11 October 2013, by regulation 4 of the District Courts Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/348).

Schedule 1 item 23(b): amended, on 1 August 2014, by regulation 4 of the District Courts Fees Amendment Regulations (No 2) 2014 (LI 2014/221).

Schedule 1 item 24: amended, on 1 July 2014, by regulation 9(6) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 25: amended, on 1 July 2014, by regulation 9(7)(a) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).

Schedule 1 item 25: amended, on 1 July 2014, by regulation 9(7)(b) of the District Courts Fees Amendment Regulations 2014 (LI 2014/178).