High Court Fees Regulations 2013

Reprint
as at 7 December 2014

Coat of Arms of New Zealand

High Court Fees Regulations 2013

(SR 2013/226)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of May 2013

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Justice.


Pursuant to section 18(4) of the Administration Act 1969, section 11(4) of the Admiralty Act 1973, section 100A of the Judicature Act 1908, sections 57 and 339(g) of the Lawyers and Conveyancers Act 2006, sections 67(2)(b) and 70(2) of the Local Government (Rating) Act 2002, section 52 of the Māori Trustee Act 1953, section 363(d) of the Property Law Act 2007, section 147 of the Public Trust Act 2001, and section 41 of the Trustee Companies Act 1967, His Excellency the Governor-General, acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) to the extent that these regulations prescribe the fees referred to in section 12BA of the Māori Trustee Act 1953, on the recommendation of the Minister of Māori Affairs,—

makes the following regulations.

Contents

1 Title

2 Commencement

3 Application

4 Interpretation

Prescribed fees

5 Fees of court

6 Fees payable by liquidators of companies without assets

7 Application of fees for items 18 to 20 (hearings)

8 Minimum and maximum fee (commission) payable by vendor mortgagee under section 194(1)(c) of Property Law Act 2007

Scheduling fees and hearing fees

9 Prepayment of scheduling fees and estimated hearing fees

10 Failure to prepay scheduling fees or estimated hearing fees

11 Payment of balance of hearing fees if hearing exceeds estimated hearing time

12 Refund of prepaid hearing fees if hearing shorter than estimated hearing time

13 Refund of prepaid hearing fees if application or proceeding settled, discontinued, abandoned, or determined before hearing date

14 Hearing fees in proceedings involving counterclaims, cross-claims, claims against third or subsequent parties, or cross-appeals

Judicial settlement conference fees

15 Prepayment of judicial settlement conference fees

16 Failure to prepay judicial settlement conference fee

17 Refund of prepaid fee for judicial settlement conference that does not take place

Waivers

18 Power to waive fees

19 Criteria for determining when person unable to pay fee sought to be waived

20 Criteria for determining when proceeding concerns matter of genuine public interest

21 Payment of fee may be postponed pending determination of application for waiver or review

22 Recovery of fee if payment postponed

Refunds

23 Power to refund fees

Fees include GST

24 GST included

Consequential and transitional matters

25 Amendment to Māori Trustee Regulations 2009

26 Amendments to Property Law (Mortgagees' Sales Forms and Fees) Regulations 2007

27 Amendment to Public Trust Regulations 2002

28 Revocations

29 Transitional provision

Schedule
Fees payable in respect of proceedings in court


Regulations

1 Title
  • These regulations are the High Court Fees Regulations 2013.

2 Commencement
  • (1) Except as provided in subclause (2), these regulations come into force on 1 July 2013.

    (2) Item 29 in the fees table, which relates to filing an application for an order protecting a secured party's interests, comes into force on the later of—

    • (a) 1 July 2013; and

    • (b) the date appointed under section 2(2) of the District Courts Amendment Act 2011 for the coming into force of section 33 of that Act.

    Regulation 2(2): item 29 in the fees table brought into force, on 14 April 2014, pursuant to the District Courts Amendment Act 2011 Commencement Order 2013 (SR 2013/410).

3 Application
  • (1) These regulations apply to civil proceedings in the court.

    (2) Nothing in these regulations applies to—

    • (b) matters under Part 6 of the Criminal Procedure Rules 2012 (access to court documents).

4 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Act means the Judicature Act 1908

    actual hearing fee means any fee payable under item 18, 19, or 20 (as applicable) of the fees table in respect of the actual hearing time

    appeal means an appeal under Part 20 or 26 of the High Court Rules, and appellant has a corresponding meaning

    court means the High Court

    document has the meaning given in HCR 1.3(1)

    estimated hearing fee means any fee payable under item 18, 19, or 20 (as applicable) of the fees table in respect of the estimated hearing time

    estimated hearing time means the time allocated for a hearing and notified by the Registrar to all parties to a proceeding when the hearing date is confirmed

    exempt application means—

    • (a) an appeal or a reference filed under Part 21 of the High Court Rules:

    • (b) an application for a writ of habeas corpus:

    • (c) an application under section 84 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

    exempt interlocutory application means—

    • (a) an application for an order declaring that the solicitor on record for a party to a proceeding has ceased to be the solicitor on record for the party in that proceeding (HCR 5.41):

    • (b) an interlocutory application for review of a Registrar's decision:

    • (c) an interlocutory application relating to an exempt application

    fees table means the table in the Schedule

    HCR means High Court rule

    High Court Rules means the rules set out in Schedule 2 of the Act

    initiating document

    • (a) means the first document filed in a proceeding by a person that gives to the court and to the opposite party (if any) particulars of the claim made, or of the order or other relief sought, by the person; but

    • (b) does not include—

      • (i) an application for leave to commence proceedings:

      • (ii) an application for leave to appeal:

      • (iii) an interlocutory application under HCR 19.5 requesting permission to commence a proceeding by originating application:

      • (iv) an interlocutory application under HCR 19.6 commencing a proceeding:

      • (v) a caveat:

      • (vi) an application for directions as to service:

      • (vii) an application relating to identification of the proper registry (HCR 5.1)

    item means a matter described in the third column, and with the reference number given in the second column, of the fees table

    Registrar means a Registrar of the court, and includes a Deputy Registrar of the court

    scheduling fee means the fee (if any) payable under item 17 of the fees table in respect of an application or proceeding

    working day has the meaning given in HCR 1.3(1).

Prescribed fees

5 Fees of court
  • (1) The fees specified in the fourth column of the fees table are payable, and must be taken by the proper officer of the court, in proceedings to which these regulations apply in respect of the matters specified in the third column of the fees table.

    (2) Subclause (1) is subject to regulation 6.

    (3) Despite regulation 7, no hearing or scheduling fee may be charged for—

    • (a) a hearing that—

      • (i) is not opposed by the respondent; and

      • (ii) takes place in a list sitting:

    • (b) any portion of a hearing that takes place in a list sitting if the hearing—

      • (i) is opposed by the respondent; and

      • (ii) is adjourned to a specified date and time.

    (4) For the purposes of determining the hearing or scheduling fee for a hearing specified in subclause (3)(b), the first day or first half-day of the hearing is the day or half-day of the date specified in the adjournment.

    (5) In subclause (3), list sitting means a sitting in which different applications are sequentially called before a Judge, an Associate Judge, or a Registrar of the High Court.

    Regulation 5(2): amended, on 16 September 2013, by regulation 4(1) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

    Regulation 5(3): inserted, on 16 September 2013, by regulation 4(2) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

    Regulation 5(4): inserted, on 16 September 2013, by regulation 4(2) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

    Regulation 5(5): inserted, on 16 September 2013, by regulation 4(2) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

6 Fees payable by liquidators of companies without assets
  • (1) This regulation applies if a company in liquidation has no immediately available assets out of which to pay a specified fee for a proceeding or matter relating to the liquidation of the company.

    (2) In subclause (1), specified fee means a fee prescribed by these regulations other than—

    • (a) a fee for item 2 (which relates to filing an application to put a company into liquidation):

    • (b) a fee for any of items 22 to 34 (which relate to enforcing judgments).

    (3) The liquidator of a company may, instead of paying the fee, give a Registrar a certificate stating that the company has no immediately available assets.

7 Application of fees for items 18 to 20 (hearings)
  • The fees for items 18 to 20 apply in respect of the hearing of every application or proceeding, including—

    • (a) the hearing of every claim, counterclaim, cross-claim, and claim against a third or subsequent party; and

    • (b) the hearing of every appeal and cross-appeal; and

    • (c) the hearing of every interlocutory application (including an interlocutory application for summary judgment in respect of which a notice of opposition and an affidavit in answer have been filed).

8 Minimum and maximum fee (commission) payable by vendor mortgagee under section 194(1)(c) of Property Law Act 2007
  • For the purposes of section 194(1)(c) of the Property Law Act 2007,—

    • (a) the minimum fee is $500; and

    • (b) the maximum fee is $20,000.

Scheduling fees and hearing fees

9 Prepayment of scheduling fees and estimated hearing fees
  • (1) The plaintiff, applicant, or appellant (as applicable) in respect of a specified proceeding must pay the scheduling fee and the estimated hearing fee for the specified proceeding no later than—

    • (a) 3 working days before the date on which the hearing is scheduled to begin (the scheduled hearing date); or

    • (b) if the Registrar gives less than 3 working days' notice of the scheduled hearing date, the date specified by the Registrar.

    (2) The plaintiff, applicant, or appellant (as applicable) in respect of an application or proceeding other than a specified proceeding must pay the scheduling fee for the application or proceeding no later than—

    • (a) 15 working days after the Registrar notifies all parties of the scheduled hearing date; or

    • (b) if the Registrar gives less than 15 working days' notice of the scheduled hearing date, the date specified by the Registrar.

    (3) The plaintiff, applicant, or appellant (as applicable) in respect of an application or proceeding other than a specified proceeding must pay the estimated hearing fee for the application or proceeding,—

    • (a) if the estimated hearing time is 10 days or less, no later than—

      • (i) 30 working days before the scheduled hearing date; or

      • (ii) if the Registrar gives less than 30 working days' notice of the scheduled hearing date, the date specified by the Registrar; or

    • (b) if the estimated hearing time is more than 10 days, no later than—

      • (i) 45 working days before the scheduled hearing date; or

      • (ii) if the Registrar gives less than 45 working days' notice of the scheduled hearing date, the date specified by the Registrar.

    (4) In subclauses (1) to (3), specified proceeding means an interlocutory application, a bankruptcy proceeding, or a proceeding to which Part 19 (originating applications) or Part 31 (company liquidation) of the High Court Rules applies.

    (5) If 2 or more proceedings are to be heard together, scheduling fees (if any) and hearing fees must be paid in respect of each proceeding unless the court otherwise directs.

    (6) For the purpose of subclause (5), a proceeding does not constitute 2 or more proceedings by reason only that it involves—

    • (a) a claim and 1 or more counterclaims, cross-claims, or claims against a third or subsequent party; or

    • (b) an appeal and 1 or more cross-appeals.

10 Failure to prepay scheduling fees or estimated hearing fees
  • (1) If a scheduling fee or an estimated hearing fee is not paid in accordance with regulation 9, the Registrar may vacate the hearing.

    (2) If the Registrar vacates a hearing under subclause (1), the Registrar must promptly notify the parties.

11 Payment of balance of hearing fees if hearing exceeds estimated hearing time
  • (1) If the actual hearing time exceeds the estimated hearing time, the plaintiff, applicant, or appellant (as applicable) must pay, on the final day of the hearing, the balance of the hearing fee (being the actual hearing fee less any amount that has been prepaid).

    (2) Subclause (1) is subject to any order made under regulation 14(2)(b)(ii).

12 Refund of prepaid hearing fees if hearing shorter than estimated hearing time
  • If the actual hearing time is less than the estimated hearing time, the Registrar must refund to the plaintiff, applicant, or appellant (as applicable) the portion of any prepaid hearing fee that relates to the period of hearing time not used.

13 Refund of prepaid hearing fees if application or proceeding settled, discontinued, abandoned, or determined before hearing date
  • (1) If an interlocutory application or a proceeding is settled, discontinued, abandoned, or determined before the hearing date, the Registrar must refund to the plaintiff, applicant, or appellant (as applicable) any prepaid hearing fees.

    (2) However, subclause (1) does not apply if a counterclaim, cross-claim, claim against a third or subsequent party, or cross-appeal remains to be heard (see regulation 14).

14 Hearing fees in proceedings involving counterclaims, cross-claims, claims against third or subsequent parties, or cross-appeals
  • (1) This regulation applies if a hearing involves 1 or more counterclaims, cross-claims, claims against a third or subsequent party, or cross-appeals.

    (2) At the end of the hearing, the court—

    • (a) may give a direction as to what portion of the scheduling fee and actual hearing fee each party is liable to pay; and

    • (b) may, in order to give effect to a direction under paragraph (a), make 1 or both of the following orders:

      • (i) an order that a party other than the plaintiff, applicant, or appellant (as applicable) pay an amount to the plaintiff, applicant, or appellant:

      • (ii) an order that a portion of the balance of the hearing fee payable under regulation 11 (if applicable) be paid by a party other than the plaintiff, applicant, or appellant (as applicable).

Judicial settlement conference fees

15 Prepayment of judicial settlement conference fees
  • The plaintiff, applicant, or appellant (as applicable) must pay the fee for a judicial settlement conference no later than—

    • (a) 15 working days after the Registrar confirms the date of the judicial settlement conference to all parties to the proceeding; or

    • (b) if the Registrar confirms the date less than 15 days before the judicial settlement conference, the date specified by the Registrar.

16 Failure to prepay judicial settlement conference fee
  • (1) If the fee for the judicial settlement conference is not paid in accordance with regulation 15, the Registrar may vacate the scheduled judicial settlement conference.

    (2) If the Registrar vacates a judicial settlement conference under subclause (1), the Registrar must promptly notify the parties.

17 Refund of prepaid fee for judicial settlement conference that does not take place
  • If a judicial settlement conference does not take place, the Registrar must refund any prepaid judicial settlement conference fee.

Waivers

18 Power to waive fees
  • (1) A person otherwise responsible for the payment of a fee required in connection with a proceeding or an intended proceeding may apply to a Registrar for a waiver of the fee.

    (2) The Registrar may waive the fee payable by the person if satisfied,—

    • (a) on the basis of one of the criteria specified in regulation 19, that the person is unable to pay the fee; or

    • (b) that the proceeding,—

      • (i) on the basis of one of the criteria specified in regulation 20, concerns a matter of genuine public interest; and

      • (ii) is unlikely to be commenced or continued unless the fee is waived.

    (3) An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

19 Criteria for determining when person unable to pay fee sought to be waived
  • For the purposes of these regulations, a person is unable to pay the fee sought to be waived if—

    • (a) the person has been granted legal aid in respect of the matter for which the fee is payable; or

    • (b) the person—

      • (i) is dependent for the payment of his or her living expenses on an income-tested benefit (which has the meaning given in section 3(1) of the Social Security Act 1964, except that it excludes the benefits specified in paragraphs (f) to (i) of that definition); or

      • (iii) would otherwise suffer undue financial hardship if he or she paid the fee.

    Regulation 19(b)(ii): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

20 Criteria for determining when proceeding concerns matter of genuine public interest
  • For the purposes of these regulations, a proceeding that concerns a matter of genuine public interest is—

    • (a) a proceeding that has been or is intended to be commenced to determine a question of law that is of significant interest to the public or to a substantial section of the public; or

    • (b) a proceeding that—

      • (i) raises issues of significant interest to the public or to a substantial section of the public; and

      • (ii) has been or is intended to be commenced by an organisation that, by its governing enactment, constitution, or rules, is expressly or by necessary implication required to promote matters in the public interest.

21 Payment of fee may be postponed pending determination of application for waiver or review
  • (1) A person who is awaiting the determination of an application under regulation 18(1) or under section 100B of the Act may apply to the Registrar to postpone payment of the fee to which the application relates.

    (2) If the Registrar is satisfied that the person would be prejudiced if the matter to which the fee relates did not proceed before the determination, the Registrar may postpone the payment of the fee until the date on which the person is notified of the determination.

    (3) An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

22 Recovery of fee if payment postponed
  • (1) This regulation applies to a fee if payment of the fee is postponed under regulation 21.

    (2) If the effect of a determination under regulation 18 or under section 100B of the Act is that the fee is not to be waived, the fee—

    • (a) must be paid, without delay, to the Registrar; and

    • (b) is recoverable as a debt due to the Crown in any court of competent jurisdiction.

    (3) Following a determination that has the effect referred to in subclause (2), the person responsible for paying the fee may not take a step in the proceeding to which the fee relates unless the fee is paid.

    (4) This regulation has effect subject to regulation 21 during any period that the question of the waiver of the fee is the subject of a pending application under section 100B of the Act.

Refunds

23 Power to refund fees
  • (1) A Registrar may, on application made to him or her, refund a fee that has been paid if satisfied that—

    • (a) no application, under regulation 18, for a waiver of the fee was made; and

    • (b) the fee would have been waived, in accordance with regulation 18, had that application been made; and

    • (c) the criteria that would have justified that waiver still apply at the date of the application for the refund.

    (2) An application under subclause (1) must be made in a form approved for the purpose by the chief executive of the Ministry of Justice unless, in a particular case, the Registrar considers that an application in that form is not necessary.

Fees include GST

24 GST included
  • The fees fixed by these regulations are inclusive of goods and services tax.

Consequential and transitional matters

25 Amendment to Māori Trustee Regulations 2009
26 Amendments to Property Law (Mortgagees' Sales Forms and Fees) Regulations 2007
27 Amendment to Public Trust Regulations 2002
28 Revocations
29 Transitional provision
  • (1) In respect of a proceeding commenced before 1 July 2013,—

    • (a) an enactment revoked by regulations 25 to 28 continues to apply in respect of any step taken before 1 July 2013; and

    • (b) these regulations apply in respect of any step taken on or after that date.

    (2) However, in respect of a hearing described in subclause (3),—

    (3) Subclause (2) applies to a hearing if the Registrar notifies the parties of the scheduled hearing date before 1 July 2013.


Schedule
Fees payable in respect of proceedings in court

rr 4, 5

Note: Items in the fees table are arranged in the following categories:

Documents initiating proceedings (including appeals)Items 1 to 6
Interlocutory applicationsItems 7 to 9
Statements of defence and other documents in responseItems 10 to 16
SchedulingItem 17
Hearings (see regulation 7)Items 18 to 20
Judicial settlement conferencesItem 21
Enforcing judgmentsItems 22 to 34
Probate and administrationItems 35 to 45
BankruptcyItems 46 to 50
Administrative feesItems 51 to 54
Searching and accessing court recordsItems 55 and 56
Matters conducted by RegistrarItems 57 and 58
Law practitionersItems 59 to 64
Applications under Trans-Tasman Proceedings Act 2010Items 64A and 64B
Matters under Local Government (Rating) Act 2002Items 65 and 66
Mortgagee sales under Property Law Act 2007Item 67
AdmiraltyItems 68 to 70
Category ItemMatter for which fee is payable   Fee ($)
Documents initiating proceedings (including appeals) 1Filing an exempt application (as defined in regulation 4)   no fee
 2Filing an application to put a company into liquidation to which Part 31 of the High Court Rules applies   540
 3

Filing an initiating document (as defined in regulation 4) that commences—

  • (a) an application for review under Part 1 of the Judicature Amendment Act 1972; or

  • (b) a proceeding to which Part 18 (applications in equity and under statutes), Part 19 (originating applications) (other than an application for habeas corpus), or Part 30 (judicial review), but no other Part, of the High Court Rules applies; or

  • (c) an appeal or cross-appeal to the court under any enactment

   540
 4Filing any other initiating document (as defined in regulation 4), unless a different filing fee is prescribed for that document elsewhere in the fees table   1,350
 5Filing a statement of claim between defendants   110
 6Filing an amended statement of claim   110
         
Interlocutory applications 7Filing an exempt interlocutory application (as defined in regulation 4)   no fee
 8Filing an application on notice for summary judgment (HCR 12.4)   no fee
 9Filing any other interlocutory application (unless a different filing fee is prescribed for that application elsewhere in the fees table—see items 35(b), 64A, and 64B) as follows:    
   
  • (a) application without notice

   200
   
  • (b) application on notice relating to a proceeding to which item 2, 3, 46, or 48 applies

   200
   
  • (c) any other application on notice

   500
         
Statements of defence and other documents in response 10Filing a statement of defence,—    
  
  • (a) if included in the same document as a counterclaim, and providing that the fee for filing a counterclaim is paid (see item 13)

   no fee
  
  • (b) in any other case

   110
  11Filing a statement of defence between defendants   110
  12Filing an amended statement of defence   110
  13Filing a counterclaim (which may include in the same document, for no additional fee, a statement of defence) for—    
   
  • (a) a proceeding to which item 2 or 3 applies

   540
   
  • (b) any other proceeding

   1,350
  14Filing a notice of opposition,—    
   
  • (a) in the case of a notice of opposition against an exempt application or an exempt interlocutory application

   no fee
   
  • (b) in the case of a notice of opposition against an interlocutory application for summary judgment

   110
   
  • (c) in any other case (unless a different filing fee is prescribed for that notice of opposition elsewhere in the fees table—see item 49)

   110
  15Filing an appearance (HCR 5.49, 5.50, 5.51)   110
  16Filing a third or subsequent party notice   110
         
Scheduling 17For scheduling the hearing date for an application or proceeding,—    
  
  • (a) in the case of an exempt application

   no fee
  
  • (b) in the case of an interlocutory application

   no fee
  
  • (c) in the case of an application or proceeding to which item 2, 3, or 48 applies

   640
   
  • (d) in any other case

   1,600
         
Hearings (see regulation 7) 18Hearing an exempt application or an exempt interlocutory application   no fee
 19Hearing an application or proceeding to which item 2, 3, or 48 applies, for each half-day or part half-day after the first half-day   640
 20Hearing any other application or proceeding, for each half-day or part half-day after the first half-day   1,600
         
Judicial settlement conferences 21Judicial settlement conference   640
         
Enforcing judgments 22Issuing an order for examination (HCR 17.12)   400
 23Issuing an order that money owing under a judgment be paid by instalments (HCR 17.17)   200
 24Issuing an attachment order (HCR 17.33)   200
  25Issuing a charging order with leave (HCR 17.41)   200
  26Issuing a charging order without leave (HCR 17.42)   200
  27Issuing a sale order (HCR 17.63)   1,500
  28Selling property under a sale order   500
  29Filing an application for an order protecting a secured party's interests   no fee
  30Issuing a possession order (HCR 17.81)   1,500
  31Issuing a combined sale and possession order (HCR 17.82)   1,500
  32Issuing an arrest order (where a party does not comply with an original court order) (HCR 17.84)   1,500
  33Issuing a sequestration order (HCR 17.87)   1,500
  34Issuing an order to arrest and imprison an absconding debtor under section 55 of the Judicature Act 1908 (HCR 17.88)   1,500
         
Probate and administration 35Filing any of the following:
  • (a) an application in common form for probate or letters of administration:

  • (b) an application relating to a deceased person’s estate made prior or subsequent to a grant of administration:

  • (c) an application for an order that is made under section 14 or 31, or for the purpose of section 18, of the Wills Act 2007

   200
  36Sealing a grant of administration obtained by way of an application under HCR 27.4 or 27.6   no fee
  37Sealing an exemplification of administration (HCR 27.33(1))   50
  38Sealing a duplicate of a grant of administration (HCR 27.33(2)(a))   50
  39Sealing and certifying a copy or photocopy of a grant of administration (HCR 27.33(2)(b))   50
  40Issuing a certificate of administration under section 18 of the Administration Act 1969   30
  41Resealing, under section 71 of the Administration Act 1969, probate or letters of administration granted by an overseas court   50
  42Filing an election to administer under Part 6 of the Public Trust Act 2001, Part 3 of the Trustee Companies Act 1967, or section 12A or 12B of the Māori Trustee Act 1953   30
  43Issuing a certified copy of an election to administer filed under Part 6 of the Public Trust Act 2001, Part 3 of the Trustee Companies Act 1967, or section 12A or 12B of the Māori Trustee Act 1953   30
  44

Searching or inspecting a document or a court file that relates to an application or action for a grant of administration under the Administration Act 1969 or to a proceeding for the recall of any such grant (HCR 3.7(2)),—

    
   
  • (a) if a fee has been paid under item 55 to search or inspect the formal court record in relation to the grant

   no fee
   
  • (b) in any other case

   30
   

Note: On payment of a fee for this item, no further fee is payable for obtaining 1 or more copies of the document, or any document on the court file, as the case may be (see item 53(b))

    
  45Supplying a copy of a will,—    
   
  • (a) if a fee has been paid under item 44 in respect of the will

   no fee
   
  • (b) in any other case

   20
Bankruptcy 46Filing a request for issue of a bankruptcy notice (HCR 24.8)   200
  47[Revoked]    
  48Filing a creditor’s application for adjudication (HCR 24.11)   500
  49Filing a notice of opposition to application for adjudication (HCR 24.18)   110
  50Sealing an order for bankruptcy   50
         
Administrative fees 51Sealing the original copy of any judgment (HCR 11.11), order (other than an order to which item 60 applies), or letter of request (HCR 9.26)   50
 52Issuing a certified copy of—    
   
  • (a) any document that is part of the formal court record or on the court file

   50
   
  • (b) any Registrar’s certificate

   50
  53Copying any document (other than a judgment),—    
   
  • (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) if a fee under item 44 has been paid to search or inspect the document, or the court file containing the document

   no fee
   
  • (c) where paragraphs (a) and (b) do 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
  54Copying a judgment,—    
   
  • (a) for the first copy that is provided to a party to the proceeding or that party's counsel

   no fee
   
  • (b) where paragraph (a) does not apply

   30
         
Searching and accessing court records 55Searching or inspecting the formal court record (HCR 3.7(1),—    
  
  • (a) for the first name or case searched

   30
  
  • (b) for each additional name or case searched

   5
  56Requesting access to a document or court file as follows:    
   
  • (a) if the request is made by a party to a proceeding or that party's counsel (HCR 3.8) in respect of a document or court file relating to the proceeding

   no fee
   
  • (b) if a fee has been paid under item 55(a) in respect of the court file or the formal court record

   no fee
   
  • (c) in any other case

   30
         
Matters conducted by Registrar 57Attendance before a Registrar in an inquiry or reference   600
 58Examination of witnesses by a Registrar under an order of the court   600
         
Law practitioners 59Filing an application for admission as a barrister and solicitor under section 57 of the Lawyers and Conveyancers Act 2006   120
  60Sealing an order for admission as a barrister and solicitor   no fee
  61Issuing a certified copy of an order for admission as a barrister and solicitor   50
  62Issuing a certificate of enrolment on the roll of barristers and solicitors kept under the Lawyers and Conveyancers Act 2006   50
  63Filing an application for registration, in respect of admission as a barrister and solicitor, under section 19 of the Trans-Tasman Mutual Recognition Act 1997   120
  64Issuing a Registrar’s certificate following notice under section 19 of the Trans-Tasman Mutual Recognition Act 1997   50
         
Applications under Trans-Tasman Proceedings Act 2010 64AFiling 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
 64BFiling 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)

    
         
Matters under Local Government (Rating) Act 2002 65Filing an application to enforce a judgment for rates under section 67 of the Local Government (Rating) Act 2002   300
 66Selling or leasing a rating unit under section 70 of the Local Government (Rating) Act 2002   800
         
Mortgagee sales under Property Law Act 2007 67

Application for Registrar to conduct a sale for a vendor mortgagee under section 187 of the Property Law Act 2007

Note: For the minimum and maximum commission that is payable, if the land is sold, by the vendor mortgagee to the Registrar under section 194(1)(c) of that Act, see regulation 8

   1,500
         
Admiralty 68Filing an application for the issue of a warrant of arrest (of property) (HCR 25.34)   1,500
  69Filing a request for a commission for the appraisement and sale of any property (HCR 25.51)   2,000
  70Selling property under a commission for sale (HCR 25.51)   500
  • Schedule note: amended, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

  • Schedule item 9: amended, on 1 July 2014, by regulation 4(1) of the High Court Fees Amendment Regulations 2014 (LI 2014/181).

  • Schedule item 9: amended, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

  • Schedule item 9(b): amended, on 1 July 2014, by regulation 4(2) of the High Court Fees Amendment Regulations 2014 (LI 2014/181).

  • Schedule item 17(c): amended, on 16 September 2013, by regulation 5(1) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

  • Schedule item 19: amended, on 16 September 2013, by regulation 5(2) of the High Court Fees Amendment Regulations 2013 (SR 2013/388).

  • Schedule item 47: revoked, on 1 July 2014, by regulation 4(3) of the High Court Fees Amendment Regulations 2014 (LI 2014/181).

  • Schedule item 64A: inserted, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

  • Schedule item 64B: inserted, on 11 October 2013, by regulation 4 of the High Court Fees (Trans-Tasman Proceedings Act 2010—Australian Judgments) Amendment Regulations 2013 (SR 2013/349).

Rebecca Kitteridge,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 May 2013.


Reprints notes
1 General
  • This is a reprint of the High Court Fees Regulations 2013 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes