Australian Capital Territory Numbered Regulations

SUPREME COURT (FEES) REGULATIONS(AMENDMENT) (NO. 13 OF 1993) - REG 5

Hearing fees

“3. (1) When a date is fixed for the hearing of a matter for which a filing fee is payable, other than a notice of motion for admission to practise under the Legal Practitioners Act 1970 , the person who initiated the proceedings shall pay a hearing fee unless the Court or Registrar orders that another party to the proceedings pay the fee.

“(2) A person who has paid a hearing fee is entitled to a refund of an amount equal to $50 less than the fee paid if the Registrar is notified, not later than 10 days (excluding Saturdays, Sundays and public holidays) before the date fixed for the hearing, that the hearing will not proceed, and—

        (a)     the hearing does not proceed; or

        (b)     the hearing is conducted for the purpose of making consent orders only.

“(3) For the purposes of this regulation, the hearing fee is $500.

Execution of process

“4. The fee for—

        (a)     each execution of process, including up to 2 attempts to execute at the same address as the execution; or

        (b)     up to 3 attempts to execute process at one address;

is $50 plus an amount equal to the amount of any expenses reasonably incurred by an officer of the Court in the execution or attempts to execute.

Hardship

“5. A fee that, but for this regulation, would be payable under these Regulations is not payable if the Registrar issues a certificate to the person who would otherwise be required to pay the fee certifying—

        (a)     that the person is—

              (i)     a legally assisted person within the meaning of the Legal Aid Act 1977 ; or

              (ii)     a person to whom legal aid has been granted from a legal aid scheme or service approved by the Attorney-General; or

        (b)     that the payment of the fee would impose hardship on that person.”.

Addition