“3 Application

• “(1) These regulations apply to civil proceedings in a District Court.

  “(2) Nothing in these regulations applies to—

  • “(a) applications under the following:

    • “(i) the Harassment Act 1997:

    • “(ii) the Accident Compensation Act 2001:

    • “(iii) the Criminal Proceeds (Recovery) Act 2009:

    • “(iv) the Immigration Act 2009:

    • “(v) the Search and Surveillance Act 2012; or

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

“3A Interpretation

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

  “actual hearing fee means the fee payable under item 11 of the fees table in respect of the actual hearing time

  “DCR means District Courts rule

  “District Courts Rules means the District Courts Rules 2009

  “document has the meaning given in DCR 1.8

  “estimated hearing fee means the fee payable under item 11 of the fees table in respect of the estimated hearing time

  “estimated hearing time means the time allocated for a hearing and notified to the parties by the Registrar when written confirmation of the hearing date is given

  “fees table means the table in the Schedule

  “initiating document means,—

  • “(a) in the case of a proceeding commenced by notice of claim, the notice of claim in form 2 filed under DCR 2.10; and

  • “(b) in the case of an appeal or a cross-appeal, the notice of appeal or other document by which the appeal or cross-appeal is instituted; and

  • “(c) in every other case, the first document (other than a caveat or an application for directions as to service) filed in the proceeding by the plaintiff that gives to the court and to the opposite party (if any) particulars of the claim made or of other relief sought by the plaintiff

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

  “scheduling fee means the fee (if any) payable under item 10 of the fees table in respect of an application or proceeding

  “working day has the meaning given in DCR 1.8.”

“4A Application of fee for item 11 (hearings)

• “(1) The fee for item 11 applies 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; and

  • “(d) the hearing of land valuation proceedings.

  “(2) However, the fee for item 11 does not apply to a short trial (as allocated under DCR 2.40) following the filing of a notice of pursuit of claim or counterclaim.”

“9 Prepayment of scheduling fees and estimated hearing fees

• “(1) An applicant must pay a scheduling fee no later than—

  • “(a) 15 working days after the date on which the Registrar gives to the parties written confirmation of the date on which the hearing is scheduled to begin (the scheduled hearing date); or

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

  “(2) The applicant must pay an estimated hearing fee,—

  • “(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.

  “(3)  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.

  “(4) For the purpose of subclause (3), 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.

“10A Payment of balance of hearing fees if hearing exceeds estimated hearing time

• “(1) If the actual hearing time exceeds the estimated hearing time, the applicant 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 10D(2)(b)(ii).

“10B 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 applicant the portion of any prepaid hearing fee that relates to the period of hearing time not used.

“10C Refund of prepaid hearing fees if proceeding settled, discontinued, abandoned, or determined before hearing date

• “(1) If a proceeding is settled, discontinued, abandoned, or determined before the hearing date, the Registrar must refund any prepaid hearing fee to the applicant.

  “(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 10D).

“10D 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 applicant pay an amount to the applicant:

    • “(ii) an order that a portion of the balance of the hearing fee payable under regulation 10A (if applicable) be paid by a party other than the applicant.”

“12 Transitional and savings provision

• “(1) In respect of proceedings commenced before 1 July 2013,—

  • “(a) these regulations as in force immediately before 1 July 2013 apply in respect of any step taken before that date; and

  • “(b) these regulations as in force on and from 1 July 2013 apply in respect of any step taken on or after that date.

  “(2) However,—

  • “(a) item 12 of the fees table as in force immediately before 1 July 2013 continues to apply until immediately before the date on which regulation 11(3) of the District Courts Fees Amendment Regulations 2013 (the amendment regulations) comes into force; and

  • “(b) item 13 of the fees table as in force immediately before 1 July 2013 continues to apply until immediately before the date on which regulation 11(2) of the amendment regulations comes into force; and

  • “(c) item 14 of the fees table as in force immediately before 1 July 2013 continues to apply until immediately before the date on which regulation 11(5) of the amendment regulations comes into force.”

13A

Filing a judgment or an order for the payment of money under section 79(5C) of the District Courts Act 1947

30

13B	Filing a financial statement under section 84A of the District Courts Act 1947		65
13C	Filing an application for a financial assessment under section 84C of the District Courts Act 1947		80
13D	Filing an application for a financial assessment hearing under section 84E of the District Courts Act 1947		130
13E	Requesting service by an authorised process server of a summons to attend a financial assessment hearing issued under section 84E of the District Courts Act 1947		50

13F

Filing an application for an attachment order under section 84G(1)(c) of the District Courts Act 1947

50

13G	Filing an application for an order for contempt of enforcement proceedings under section 84O(3) of the District Courts Act 1947		200
13H	Requesting 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 1947		50

13I	Filing 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:		200
	(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)

13J

Obtaining a warrant to seize property for the value of chattels under section 104(2) of the District Courts Act 1947

no fee

16A

Filing 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