Pursuant to section 100A of the Judicature Act 1908, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 Principal regulations

4 Regulation 5 amended (Fees of court)

5 Schedule amended

Regulations

1 Title

These regulations are the High Court Fees Amendment Regulations 2013.

2 Commencement

These regulations come into force on 16 September 2013.

3 Principal regulations

These regulations amend the High Court Fees Regulations 2013 (the principal regulations).

4 Regulation 5 amended (Fees of court)

(1) In regulation 5(2), replace “This regulation” with “Subclause (1)”.
(2) After regulation 5(2), insert:
- “(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.”

5 Schedule amended

(1) In the Schedule, item 17(c), replace “item 2 or 3 applies” with “item 2, 3, or 48 applies”.

(2) In the Schedule, item 19, replace “item 2 or 3 applies” with “item 2, 3, or 48 applies”.

Martin Bell,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 16 September 2013, amend the High Court Fees Regulations 2013 to ensure that the appropriate fees (if any) are incurred for applications that are heard in a list sitting.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 September 2013.

These regulations are administered by the Ministry of Justice.

High Court Fees Amendment Regulations 2013