Australian Capital Territory
Court Procedures (Fees) Determination 2015
Disallowable instrument DI2015–137
made under the  
Court Procedures Act 2004, s 13 (Determination of fees)

1	Name of instrument
This instrument is the Court Procedures (Fees) Determination 2015.
2	Commencement 
This instrument commences on 1 July 2015. 
3	Determination of fees
(1)	The fee payable for a matter stated in an item in the schedule, column 2 is the fee stated in the schedule, column 3 for that matter.
(2)	The fee for a matter stated in an item in the schedule, column 2 is payable by the person requesting the service.
4	Payment of fees
The fee payable for a matter stated in an item in the schedule, column 2 is payable to the Territory.
5	Revocation
This instrument revokes DI2014-112, the Court Procedures (Fees) Determination 2014 (No 2).
6	Definition–Corporation 
(1) 	For the purposes of items 1000 – 1317 in the schedule, “corporation” does not include a corporation which:
	(a)	is incorporated as a not-for-profit corporation; or
	(b)	had a turnover of less than $200,000 in the previous financial year.
(2)	For the purposes of items 1000 – 1317 in the schedule, “natural person” includes a corporation which:
	(a) is incorporated as a not-for-profit corporation; or
       (b)	had a turnover of less than $200,000 in the previous financial year.

Simon Corbell
Attorney-General
15 June 2015 

SCHEDULE - FEES AND CHARGES TO BE PAID

Column 1
Item	
Column 2
Matter in respect of which fee or charge is payable 	
Column 3
Amount Payable

PROCEEDINGS IN THE ACT CIVIL AND ADMINISTRATIVE TRIBUNAL	

	

PART A: Commencement	

	

1000	
Civil Disputes	

	
On institution of civil proceedings:	

	
(i) where the amount in dispute is more than $10,000	

	
for a natural person	
$499.00 	

for a corporation	
$998.00 	

(ii) where the amount in dispute is more than $2,000 but no more than $10,000, or for a determination  under the Common Boundaries Act 1981, or for proceedings under the Unit Titles Act 2001, Unit Titles (Management) Act 2011; or Retirement Villages Act 2012 where no amount is in dispute	

	
for a natural person	
$140.00 	

for a corporation	
$280.00 	

(iii) where the amount in dispute is $2,000 or less, or where no amount is in dispute	

	
for a natural person	
$68.00 	

for a corporation	
$136.00 	

(iv) for any other application 	

	
for a natural person	
$68.00 	

for a corporation	
$136.00 	

Explanatory Note:  Last Financial Year fees were $480.00, $135.00, $66.00 and $66.00 respectively for a natural person and $960.00, $270.00, $132.00 and $132.00 respectively for a corporation.	
(GST is not applicable to 
any fees for Item 1000)	

	

1001

For lodging a cross-claim or counter-claim to a civil claim:	

(i) where the amount in dispute is more than $10,000	

for a natural person	

for a corporation	

(ii) where the amount in dispute is more than $2,000 but no more than $10,000	

for a natural person	

for a corporation	

(iii) where the amount in dispute is $2,000 or less or where no amount is in dispute	

for a natural person	

for a corporation	

Explanatory Note:  Last financial year fees were $480.00, $135.00 and $66.00 respectively for a natural person and $960.00, $270.00 and $132.00 respectively for a corporation.

	

$499.00 	

$998.00 	

$140.00 	

$280.00 	

$68.00 	

$136.00 
(GST is not applicable to 
any fees for Item 1001)	

1002	

On lodging an application for relief  under the Residential Tenancies Act 1997	

(i) where the amount in dispute is more than $10,000	

for a natural person	

for a corporation	

(ii) where the amount in dispute is more than $2,000 but no more than $10,000	

for a natural person	

for a corporation	

(iii) where the amount in dispute is $2,000 or less, or where no amount is in dispute	

for a natural person	

for a corporation	

(iv) for any other application 	

for a natural person	

for a corporation	

For lodging a cross-claim or counter-claim to a residential tenancy claim:	

(i) where the amount in dispute is more than $10,000	

for a natural person	

for a corporation	

(ii) where the amount in dispute is more than $2,000 but no more than $10,000	

for a natural person	

for a corporation	

(iii) where the amount in dispute is $2,000 or less or where no amount is in dispute	

for a natural person	

for a corporation	

For a termination and possession order pursuant to Part IV of the Residential Tenancies 
Act 1997 	

(i) where a bond has been deposited with the Territory in relation to the tenancy	

for a natural person	

for a corporation	

(ii) where a bond has not been deposited with the Territory in relation to the tenancy	

for a natural person	

for a corporation	

For endorsement of a tenancy agreement under section 10 of the Residential Tenancies 
Act 1997	

for a natural person	

for a corporation	

For any other application	

for a natural person	

for a corporation	

Where the application involves more than one of the above matters, the fee payable is the 
higher of the fees.	

Explanatory Note:  Last financial year fees were $480.00, $135.00, $66.00 and $262.00 
respectively for a natural person and $960.00, $270.00 and $132.00 and $524.00
 respectively for a corporation. 	

	

$499.00 	

$998.00 	

$140.00 	

$280.00 	

$68.00 	

$136.00 	

$68.00 	

$136.00 	

	

$499.00 	

$998.00 	

$140.00 	

$280.00 	

$68.00 	

$136.00 	

	

$140.00 	

$280.00 	

$272.00 	

$544.00 	

	

Nil	

Nil	

	

$68.00 	

$136.00 	

(GST is not applicable to 
any fees for Item 1002)	

	

	

	

1003	
Review of Administrative Decisions	

	
On lodging an application for the review of an administrative decision (or applying to become a party to such proceedings) under any authorising law	

	
for a natural person	
$313.00 (GST is not applicable)	

for a corporation	
$626.00 (GST is not applicable)	

Explanatory Note: Last Financial Year the fee was $301.00 for a natural person and $602.00 for a corporation.	

	

	

1004 	
Occupational Discipline	

On lodging an application in relation to occupational licensing or discipline	

for a natural person	

for a corporation	

Explanatory Note:  Last Financial Year the fee was $301.00 for a natural person and 
$602.00 for a corporation.  

	

	

$313.00 (GST is not applicable)	

$626.00 (GST is not applicable)	

	

1005	
Appeals	

	
On lodging an application for the referral of a question of law within the ACAT, a correction to an order of the ACAT or an appeal within the ACAT.	

	
for a natural person	
$499.00 (GST is not applicable)

	
for a corporation	
$998.00 (GST is not applicable)

	
Explanatory Note:  Last Financial Year the fee was $480.00 for a natural person and $960.00 for a corporation.

 	

1006	
On lodging of an appeal under section 416 of the Legal Profession Act 2006.	

	
for a natural person	
$313.00 (GST is not applicable)	

for a corporation	
$626.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $301.00 for a natural person and $602.00 for a corporation.

1007	
On lodging an application for a matter to be removed from the ACAT to the Supreme Court, including for appeals transferred.

	

for a natural person	
$1,029.00 (GST is not applicable)	

for a corporation	
$2,058.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $990.00 for a natural person and $1,980.00 for a corporation.

 	

1008	
Hearing Fees
The hearing fee (for estimated or actual hearing days) is:	

	
(a) for the 2nd, 3rd and  4th hearing day;	

	
for a natural person	
$138.00 for each day	

for a corporation	
$276.00 for each day	

(b) for the 5th, 6th, 7th, 8th and 9th hearing day;	

	
for a natural person	
$277.00 for each day	

for a corporation	
$554.00 for each day	

(c) for the 10th or later hearing day;	

	
for a natural person	
$349.00 for each day	

for a corporation	
$698.00 for each day
(GST is not applicable to 
any fees for Item 1008)	

The total fee payable is calculated by adding the hearing fee for each estimated or actual hearing day.

The person liable to pay the total fee unless the tribunal orders otherwise is the plaintiff, applicant or appellant.  The person liable to pay the fee must pay the fee within 7 days of the tribunal setting the hearing date.  

Where a hearing is commenced and takes more days than estimated unless otherwise ordered the party originally liable to pay this fee shall pay for the additional days at the appropriate rate. In such a case, the fee for the additional days is payable immediately after the tribunal allocates the additional hearing days or the end of the hearing (whichever occurs first).

	
If the Tribunal receives written advice of settlement or written notice of intended adjournment 28 days or more before the first date allocated for the hearing, 75% of the fee paid is refundable. If notice is received 14 days or more before that date, 50% of the fee paid is refundable.

	
If the hearing is adjourned before the first date allocated for the hearing, and the Tribunal or Registrar is satisfied that the reason for the adjournment was due to circumstances beyond the control of the parties, the whole of the fee is to be refunded or transferred to a new allocated date or dates for the adjourned hearing.	

	
In other circumstances, if the adjournment occurs 28 days or more before the first date allocated for the hearing, 75% of the fee is refundable. If the adjournment occurs 14 days or more before that date, 50% is refundable.	

	
A hearing fee is not payable if a matter is exempt from the payment of an application fee.	

	
If the hearing is adjourned after it has commenced and the Tribunal or Registrar is satisfied that the reason for the adjournment was due to circumstances beyond the control of the parties, the fee paid in respect of dates after the date of the adjournment is to be refunded or transferred to the date or dates allocated for the adjourned hearing.

Explanatory Note:  This fee is payable in cases which may or do extend beyond a single hearing day.  For example, where the tribunal sets down a case (for a natural person) for 5 hearing days, the plaintiff will be required to pay a total fee ($691) composed of the hearing fee for the 2nd day ($138), the 3rd day ($138), the 4th day ($138) and the 5th day ($277) derived from the list of hearing fees.

	

PART B: Certificates, copies, inspections and transcripts in civil matters	

	

1009	
Provision of a document or a copy of a document where the request for the document or copy requires the preparation of the document.	
$40.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $39.00.	

	

1010	
Provision of a copy of a document where a copy or a certified copy can be provided by photocopying another document already in existence and, where necessary, certifying the photocopy:	

	
(i) in respect of the application for a copy;	
$2.70 (GST is not applicable)	

(ii) for each page of copy provided.	
$1.35 (GST is not applicable)	

Explanatory Note:  Last Financial Year fees were $2.60 and $1.30 respectively.	

	

1011	
For an inspection of or a search in relation to a record of a tribunal (including a request to 
determine whether or not a named person is involved in litigation, the viewing of material held by the tribunal, or a request to determine whether information is held by the tribunal).	
$160.00 per hour of time in 
which a registry staff is 
involved.  The minimum 
charge is 10 minutes.  
An estimate of the fee must be 
paid prior to the search or 
inspection being undertaken.
(GST is not applicable)	

Explanatory Note:  Last financial year fee was $154.00 per hour. 	

	

1012	
For the supply of a disk containing a record of a proceeding or of part of a proceeding or of a matter incidental to a proceeding.	
$26.00 per DVD or CD-Rom
A minimum fee of $108.00 
per transcript applies when 
the total order does not exceed
 the minimum fee.
(GST is not applicable)	

Explanatory Note:  Last Financial Year the fees were $25.00 and $104.00 respectively. 

	

	

1013	
Provision of a transcript of proceedings where the request for the transcript requires the preparation of the document.	
$5.25 per folio for same day
delivery	

	
$4.78 per folio for next
 business day delivery	

	
$3.73 per folio for delivery
 within 5 business days
$3.69 per folio for delivery 
within 7 business days	

	
A minimum fee of $108.00 
per transcript applies when 
the total order does not 
exceed the minimum fee.	

	
(GST is not applicable to 
any fees for Item 1013)	

Explanatory Note:  Last Financial Year the fees were $5.05,4.60, $3.59, $3.55 and 
$104.00 minimum fee respectively.	

Per folio means per 100 words	

	

1014	
For each page of a copy of a document or documents copied by an officer of the Tribunal, using a Tribunal photocopier.	
$0.31(GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $0.30. 

	

PART C: Service, execution and examinations in civil matters	

	

1015	
BLANK	

	
Explanatory Note: This fee is removed from 1 July 2014, as the ACAT does not provide these services.	

	

1016	
Subject to the paragraph below, for the issue of a subpoena:	

(i) to give evidence;	

for a natural person	

for a corporation	

(ii) for production and to give evidence;	

for a natural person	

for a corporation	

(iii) for production.	

for a natural person	

for a corporation	

No fee is payable under this item if no fee for filing a document in the proceeding is payable.	

Explanatory Note:  Last Financial Year the fees were $20.00, $39.00 and $39.00
 Respectively for a natural person and $40.00, $78.00 and $78.00 respectively for a
corporation. 	

	

	

$20.00 	

$40.00 	

	

$40.00 	

$80.00 	

	

$40.00 	

$80.00 	

(GST is not applicable to any
 fees for Item 1016)	

	

	

1017	
BLANK	

	

	

1018	
The Registrar of the tribunal may defer liability for the payment of a fee or charge for the performance of a function or the provision of a facility or service, in whole or in part, for any period as necessary or appropriate in the interests of justice if, in the Registrar's opinion, payment cannot be made at the time of the request for the function, facility or service, but payment could be made within a specified period as necessary or appropriate in the interests of justice (or any longer period as necessary or appropriate in the interests of justice) after making of the request.

Explanatory Note: This power remains the same as that in previous determination. 	
Nil	

	

1019	
A Registrar of the tribunal may remit or refund a fee or charge for the performance of a function or the provision of a facility or service, in whole or in part, where the circumstances warrant and it is in the interests of justice to do so.	
Nil	

Explanatory Note:  This power remains the same as that in previous determination. 

	

1020	
In relation to an application made to the Tribunal, a single application fee is payable in respect of 2 or more applications which relate to the same applicant (or where one of the applicants is the same) and which, in the opinion of a Registrar, may be conveniently heard together by the Tribunal.  Where an application fee in respect of each or some of those applications has been paid, the Registrar may refund all but the first of those application fees.	
Nil	

Explanatory Note:  This power remains the same as that in previous determination. 

PROCEEDINGS IN THE MAGISTRATES COURT	

	

1100	
On laying an information for an offence.	
$75.00 (GST is not applicable)	

Explanatory Note:  Information may be laid before a Magistrate where a person has committed, or is suspected of having committed, an offence. Last Financial Year the fee was $73.00. 

	

1101	
On institution of proceedings under the Magistrates Court Act 1930:	

	
(a) where the amount in dispute is $100,000 or more, or for unspecified damages	

	
for a natural person	
$917.00	

for a corporation	
$1,834.00	

(b) where the amount in dispute is $50,000 or more, but less than $100,000, or for lodging an application under the Leases (Commercial and Retail) Act 2001	

	
for a natural person	
$748.00	

for a corporation	
$1,496.00	

(c) where the amount in dispute is less than $50,000, or where no amount is in dispute (other than proceedings relating to applications under the Leases (Commercial and Retail) Act 2001)	

	
for a natural person	
$210.00	

1101.1	
for a corporation

On filing an application for arbitration under the Workers Compensation Act 1951 or the Workers Compensation Regulation 2002
	
$420.00

No fee	

Explanatory Note:  Last Financial Year the fees were $588.00, $480.00 and $135.00 respectively for a natural person and $1,176.00, $960.00 and $270.00 respectively for a corporation.
	
(GST is not applicable to
any fees for Item 1101)	

1102	
Registration of a judgment of another court, excluding ACAT	

	
for a natural person	
$75.00 (GST is not applicable)	

for a corporation	
$150.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year fee was $73.00 for a natural person and $146.00 for a corporation.

	

1103	
On filing a certificate of readiness (or an application to fix a date for the hearing of a proceeding, however described, other than an interlocutory or incidental proceeding) or on the setting down of a matter for hearing without a certificate of readiness being filed or an application being made:

	
for a natural person	
$684.00 (GST is not applicable)	

for a corporation	
$1,368.00 (GST is not applicable)	

The person liable to pay this fee is the party filing the document or if no document is filed the plaintiff or the applicant unless the court otherwise orders. Subsequently, the Court (which for the purposes of this determination includes the Registrar and the Deputy Registrar) may order another party to contribute to the payment of the fee in such proportion ordered. 

Explanatory Note:  Last Financial Year the fee was $658.00 for a natural person and $1,316.00 for a corporation.

	

1104	
Hearing Fees
The hearing fee (for estimated or actual hearing days) is:	

	
(a) for the 2nd, 3rd and  4th hearing day;	

	
for a natural person	
$500.00	

for a corporation	
$1,000.00	

(b) for the 5th, 6th, 7th, 8th and 9th hearing day;	

	
for a natural person	
$901.00	

for a corporation	
$1,802.00	

(c) for the 10th or later  hearing day;	

	
for a natural person	
$1,753.00	

for a corporation	
$3,506.00	

The total fee payable is calculated by adding the hearing fee for each estimated or actual hearing day.

The person liable to pay the total fee unless the court orders otherwise is:
(a)	Where a certificate of readiness is filed the party filing the certificate of readiness; or
(b)	Where no certificate of readiness is filed the plaintiff, applicant or appellant.
The person liable to pay the fee must pay the fee either:
(a)	When the certificate of readiness is filed; or
(b)	If a certificate of readiness is not required at least two business days before the court is to set the hearing date e.g. two days before the call-over in which the matter is to be given a hearing date. 
The fee to be paid will be calculated on the basis of the paying party's estimate of hearing days. 

If the court allocates more days for the hearing of a matter than estimated in the certificate of readiness or nominated by the party paying the fee, unless otherwise ordered, the party originally liable to pay the fee must pay the additional fees within 7 days of the matter being set down. Where a hearing is commenced and takes more days than estimated unless otherwise ordered the party originally liable to pay this fee shall pay for the additional days at the appropriate rate. In such a case, the fee for the additional days is payable immediately after the court allocates the additional hearing days or the end of the hearing (whichever occurs first).

Hearing fees under this item are not payable in criminal matters or where the matter is exempt from the payment of an application fee.
	
 (GST is not applicable to
any fees for Item 1104)	

If the Court receives written advice of settlement or written notice of intended adjournment 56 days or more before the first date allocated for the hearing, 75% of the fee paid is refundable. If notice is received 42 days or more before that date, 50% of the fee paid is refundable.	

	
If the hearing is adjourned before the first date allocated for the hearing, and the Court or Registrar is satisfied that the reason for the adjournment was due to circumstances beyond the control of the parties, the whole of the fee is to be refunded or transferred to a new allocated date or dates for the adjourned hearing. 	

	
In other circumstances, if the adjournment occurs 56 days or more before the first date allocated for the hearing, 75% of the fee is refundable. If the adjournment occurs 42 days or more before that date, 50% is refundable.	

	
This fee also applies to hearing days in arbitral proceedings under the Workers Compensation Act 1951 subject to regulation 57 of the Workers Compensation Regulation 2002.	

	
If the hearing is adjourned after it has commenced and the Court or Registrar is satisfied that the reason for the adjournment was due to circumstances beyond the control of the parties, the fee paid in respect of dates after the date of the adjournment is to be refunded or transferred to the date or dates allocated for the adjourned hearing.	

	
Otherwise the fee is non-refundable in respect of any allocated dates that are not required.	

	
Explanatory Note:  This fee is payable in cases which may or do extend beyond a single hearing day.  For example, where a plaintiff (a natural person) estimates that the case will take 5 hearing days, the plaintiff will be required to pay a hearing fee ($2,401) composed of the hearing fee for the 2nd day ($500), the 3rd day ($500), the 4th day ($500) and the 5th day ($901) derived from the list of fees.  The amount payable under this item may change as a result of a greater allocation of days, or according to how many hearing days it takes to hear the matter.

	

	

1105	
On an application for the review of an order, direction or other act of the Registrar of the Magistrates Court	

	
for a natural person	
$140.00 (GST is not applicable)	

for a corporation	
$280.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $135.00 for a natural person and $270.00 for a corporation.

	

1106	
BLANK	

	

1107	
For lodging a cross-claim or counter-claim under the Magistrates Court Act 1930:	

	
(a) where the amount is $100,000 or more	

	
for a natural person	
$611.00	

for a corporation	
$1,222.00	

(b) where the amount is $50,000 or more, but less than $100,000	

	
for a natural person	
$499.00	

for a corporation	
$998.00	

(c) where the amount is $10,000 or more, but less than $50,000	

	
for a natural person	
$432.00	

for a corporation	
$864.00	

(d) where the amount is $2,000 or more, but less than $10,000	

	
for a natural person	
$140.00	

for a corporation	
$280.00	

(e) where the amount in dispute is less than $2,000 or where no amount is in dispute	

	
for a natural person	
$50.00	

for a corporation	
$100.00	

Explanatory Note:  This item sets the fees for instituting a proceeding before the Magistrates Court (including proceedings instituted by way of cross-claim). Last Financial Year the fees were $588.00, $480.00, $416.00, $135.00 and $49.00 for a natural person and $1,176.00, $960.00, $832.00, $270.00 and $98.00 for a corporation.

(GST is not applicable to 
any fees for Item 1107)	

1107.1	
For lodging an application in proceeding.	

	
for a natural person	
$78.00 (GST is not applicable)	

for a corporation	
$156.00 (GST is not applicable)	

Explanatory note: Last Financial Year the fees were $75.00 and $150.00 respectively.	

	

1107.2	
For lodging an application to enforce a judgment including a judgment of the ACAT or of a court of another jurisdiction	

	
for a natural person	
$130.00 (GST is not applicable)	

for corporation	
$260.00 (GST is not applicable)	

Explanatory note: Last Financial Year the fees were $125.00 and $250.00 respectively.

	

1108	
No fee for filing a document or fee for the service or execution of process is payable by any person in relation to proceedings under the Parentage Act 2004.	
Nil 	

Explanatory Note:  Last Financial Year this exemption was the same. 	

1109	

For the purposes of section 116G of the Crimes (Sentence Administration) Act 2005.	

$94.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $91.00. 

	

PROCEEDINGS IN THE SUPREME COURT	

	

1200	
On lodging for filing a document to commence a proceeding in the Court other than	

	
(a) in respect of a matter referred to in an item listed below in respect of which a commencement fee is set; or	

	
(b) an interlocutory or incidental proceeding in the course of, or in connection with, a proceeding	

	
for a natural person	
$1,544.00 (GST is not applicable)	

for a corporation	
$3,088.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $990.00 for a natural person and $1,980.00 for a corporation. 

	

1201	
On filing a certificate of readiness (or on lodging an application to fix a date for the 
hearing of a proceeding, however described, other than an interlocutory or incidental 
proceeding)(or an application to fix a date for the hearing of a proceeding, however 
described, other than an  interlocutory or incidental proceeding) or on the setting down of 
a matter for hearing without a certificate of readiness being filed or an application being 
made:	

(a) in a proceeding under the Victims of Crimes (Financial Assistance) Act 1983;	

(b) in any other proceeding	

for a natural person	

for a corporation	

The person liable to pay this fee is the party filing the document or if no document is 
filed the plaintiff or the applicant unless the court otherwise orders. Subsequently, the 
Court (which for the purposes of this determination includes the Registrar and the Deputy 
Registrar) may order another party to contribute to the payment of the fee in such 
proportion ordered. 	

Explanatory Note:  Last Financial Year the fees were $135.00, $878.00 and $1,756.00 
respectively.	

$140.00 	

$913.00 	

$1,826.00 

(GST is not applicable to
any fees for Item 1201)	

1202	
Hearing Fees
The hearing fee (for estimated or actual hearing days) (in the Supreme Court or the Court of Appeal) is:	

	
(a) for the 2nd, 3rd and  4th hearing day;	

	
for a natural person	
$819.00	

for a corporation	
$1,638.00	

(b) for the 5th, 6th, 7th, 8th and 9th hearing day;	

	
for a natural person	
$1,363.00	

for a corporation	
$2,726.00	

(c) for the 10th, 11th, 12th and 13th hearing day;	

	
for a natural person	
$2,744.00	

for a corporation	
$5,488.00	

(d) for the 14th or later hearing day;	

	
for a natural person	
$3,570.00	

for a corporation	
$7,140.00

	
The total fee payable is calculated by adding the hearing fee for each estimated or actual hearing day.

The person liable to pay the total fee unless the court orders otherwise is:
(a)	Where a certificate of readiness is filed the party filing the certificate of readiness; or
(b)	Where no certificate of readiness is filed the plaintiff, applicant or appellant.

The person liable to pay the fee must pay the fee either:
(a)	When the certificate of readiness is filed; or
(b)	If a certificate of readiness is not required at least two business days before the court is to set the hearing date e.g. two days before the listing hearing or appeal index in which the matter is to be given a hearing date. 
(c)	If the matter is set down for hearing without the fee having been paid, within 7 days of the matter being set down for hearing or if the hearing is within 7 days of the date it is set down it must be paid 2 business days before the date of the hearing.
The fee to be paid will be calculated on the basis of the paying party's estimate of hearing days. 

If the court allocates more days for the hearing of a matter than estimated in the certificate of readiness or nominated by the party paying the fee, unless otherwise ordered, the party originally liable to pay the fee must pay the additional fees  within 7 days of the matter being set down. Where a hearing is commenced and takes more days than estimated unless otherwise ordered the party originally liable to pay this fee shall pay for the additional days at the appropriate rate. In such a case, the fee for the additional days is payable immediately after the court allocates the additional hearing days or the end of the hearing (whichever occurs first).

Hearing fees under this item are not payable in criminal matters or where the matter is exempt from the payment of an application fee.

If the Court receives written advice of settlement or written notice of intended adjournment 56 days or more before the first date allocated for the hearing, 75% of the fee paid is refundable. If notice is received 42 days or more before that date, 50% of the fee paid is refundable.	
 (GST is not applicable to
any fees for Item 1202)	

If the hearing is adjourned before the first date allocated for the hearing, and the Court or Registrar is satisfied that the reason for the adjournment was due to circumstances beyond the control of the parties, the whole of the fee is to be refunded or transferred to a new allocated date or dates for the adjourned hearing.	

	
In other circumstances, if the adjournment occurs 56 days or more before the first date allocated for the hearing, 75% of the fee is refundable. If the adjournment occurs 42 days or more before that date, 50% is refundable.

	
If the hearing is adjourned after it has commenced and the Court or Registrar is satisfied that the reason for the adjournment was due to circumstances beyond the control of the parties, the fee paid in respect of dates after the date of the adjournment is to be refunded or transferred to the date or dates allocated for the adjourned hearing.	

	
Explanatory Note:    It is payable in cases which may or do extend beyond a single hearing day.  For example, where a plaintiff (a natural person) estimates that the case will take 5 hearing days, the plaintiff will be required to pay a hearing fee ($3,820) composed of the hearing fee for the 2nd day ($819), the 3rd day ($819), the 4th day ($819) and the 5th day ($1,363) derived from the list of hearing fees.  The amount payable under this item may change as a result of a greater allocation of days, or according to how many hearing days it takes to hear the matter.

	

1203	
On lodging for filing an application for probate, grant of letters of administration or reseal of probate, in respect of an estate the gross sworn value of which is:	

	
(a) less than $50,000;	

	
(b) $50,000 or more, but less than $250,000;	
$818.00	

(c) $250,000 or more, but less than $500,000;	
$1,033.00	

(d) $500,000 or more, but less than $1,000,000;	
$1,561.00	

(e) $1,000,000 or more	
$2,076.00
(GST is not applicable to
any fees for Item 1203)	

Explanatory Note:  Last Financial Year fees were $787.00, $994.00, $1,501.00 and $1,997.00 respectively.

	

1204	
On filing a cross claim, counter claim or cross appeal in any proceeding	

	
for a natural person	
$863.00 (GST is not applicable)	

for a corporation	
$1,726.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $830.00 for a natural person and $1,660.00 for a corporation. 

	

1205	
On lodging for filing a document to commence an appeal from the Master or the Registrar in an interlocutory proceeding.	

	
for a natural person	
$190.00 (GST is not applicable)	

for a corporation	
$380.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $183.00 for a natural person and $366.00 for a corporation. 	

	

1206	
On lodging for filing a document to commence an appeal from the Registrar in a proceeding other than an interlocutory proceeding.	

	
for a natural person	
$863.00 (GST is not applicable)	

for a corporation	
$1,726.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $830.00 for a natural person and $1,660.00 for a corporation. 	

	

1207	
On lodging:	
$384.00 (GST is not applicable)	

(a) an application for admission to practice or for enrolment under the  Legal Profession Act 2006; or	

	
(b) a notice seeking registration in an occupation under the Mutual  Recognition Scheme.	

	
Explanatory Note:  Note that registration in an occupation under the Mutual Recognition Scheme would include registration as a notary public under that scheme. Last Financial Year the fee was $370.00. 

1208	
On lodging an application or notice under the preceding item.	
  $173.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $167.00. 	

1208.1	
On lodging an application in proceedings	

	

$156.00 (GST is not applicable)	

$312.00 (GST is not applicable)	

$260.00 (GST is not applicable)	

$520.00 (GST is not applicable)	

	

For hearing by the registrar	

	
for a natural person	

	
for a corporation	

	
For hearing by a judge or the Master	

	
for a natural person	

	
for a corporation	

	
Explanatory Note:  Last Financial Year the fees were $150.00 and $250.00 respectively for a natural person and $300.00 and $500.00 for a corporation.

	

1209	
On lodging for the entry of judgment or consent order under part 2.16 of the Court Procedures Rules 2006.	

	
for a natural person	
$75.00 (GST is not applicable)	

for a corporation	
$150.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $73.00 for a natural person and $146.00 for a corporation.  

  	

1209.1

Fee for depositing and extracting wills	

	
for depositing (and storing) the will	
$108.00 (GST is not applicable)	

for extracting a will	
$42.00 (GST is not applicable)	

Explanatory Note:   Last Financial Year the fees were $104.00 and $41.00.This fee applies when a person deposits a will with the Supreme Court under section 32 of the wills Act 1969 and when a person uplifts a will from the court which was deposited under section 32.

	

1209.2	
Fee for exemplification of a grant of probate or letters of administration	
$104.00 (GST is not applicable)	

	

Explanatory Note:  Last Financial Year the fee was $100.00.

	

1210	
On lodging an application for the removal or transfer to the Supreme Court of proceedings commenced in the Magistrates Court. No fee is payable in the Supreme Court where no filing fee was payable for the commencement of the proceedings in the Magistrates Courts.	

	
for a natural person	
$418.00 (GST is not applicable) 	

for a corporation	
$836.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $402.00 for a natural person and $804.00 for a corporation.  

  	

1210.1	
For lodging an application to enforce a judgment including a judgment of the Magistrates Court, Court of Appeal or of a court of another jurisdiction	

	
for a natural person	
$260.00 (GST is not applicable)	

for a corporation	
$520.00 (GST is not applicable)	

Explanatory note: Last Financial Year the fee was $250.00 for a natural person and $500.00 for a corporation.

	

1211	
No fee for lodging for filing a document or fee for the service or execution of process is payable by any person in relation to proceedings under the Birth (Equality of Status) Act 1988.	

	
Explanatory Note: See section 15 of the Court Procedures Act 2004 in relation to waivers and exemptions. This exemption is the same as previously provided. 	

	

1212	
On lodging for filing a document to commence a proceeding in the Court of Appeal (this includes a cross appeal - fees are not payable in criminal proceedings)	

	
for a natural person	
$2,271.00 (GST is not applicable)	

for a corporation	
$4,542.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $2,184.00 for a natural person and $4,368.00 for a corporation.	

	

1213	
In relation to the fixing of a date for a hearing in the Court of Appeal (other than interlocutory hearings) - Note: This fee is payable by the appellant prior to the matter being allocated a hearing date	

	
for a natural person	
$2,271.00 (GST is not applicable)	

for a corporation

Explanatory Note:  Last Financial Year the fee was $2,184.00 for a natural person and $4,368.00 for a corporation	
$4,542.00 (GST is not applicable)	

PART E: Registry Fees: Magistrates Court, Supreme Court and Court of Appeal	
	
$4,200.00 (GST is not applicable)	

	

1300	
Provision of a document or a copy of a document under subsection 143(2) of the Magistrates Court Act 1930 or sections 144(1)(a), (c) or (d) of the Magistrates Court Act 1930 where the request for the document or copy requires the preparation of the document or copy requires the preparation of the document.	
$40.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $39.00. 

	

1301	
For the certification of (or the provision of certified copy of):	

	
(a) a judgment, certificate of enrolment or registration; or	
$60.00 (GST is not applicable)	

(b) other documents.	
$32.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fees were $58.00 and $31.00 respectively.

	

1302	
Provision of a transcript of proceedings in the Magistrates Court or the Supreme Court where the request for the transcript requires the preparation of the document.	
$5.25 per folio for same day
delivery	

	
$4.78 per folio for next 
business day delivery	

	
$3.73 per folio for delivery 
within 2-3 business days	

	
$3.69 per folio for delivery 
within 3-5 business days
A minimum fee of $108.00
per transcript applies when 
the total order does not 
exceed the minimum fee.	

	
(GST is not applicable to
any fees for Item 1302)	

Explanatory Note:  Last Financial Year the fees were $5.05, $4.60, $3.59,$3.55 and
$104.00 minimum fee respectively.  	

Per folio means per 100 words.                                                                                                                                                                                                                             	

	

1303	
Provision of a copy of a document where a copy or a certified copy can be provided by photocopying another document already in existence and, where necessary, certifying the photocopy:	

	
(a) in respect of the application for a copy;	
$2.70 (GST is not applicable)	

(b) for each page of copy provided.	
$1.35 (GST is not applicable)	

Explanatory Note:  This item determines the fees payable for the provision of a copy of a document, where all that is required in order to provide the copy is to photocopy an 
existing document (eg, such as a transcript, certificate or a certified copy of a judgment or
 order or a document filed in proceedings). Last Financial Year the fees were $2.60 and 
$1.30 respectively.

	

1304	
For an inspection of or a search in relation to a record of a court (including a request to determine whether or not a named person is involved in litigation, the viewing of material held by the court, or a request to determine whether information is held by a court).	
 $160.00 per hour of time in 
which a registry staff is involved.  
The minimum charge is 10 
minutes.
An estimate of the fee must be
paid prior to the search or 
inspection being undertaken. 
(GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $154.00 per hour.

	

1305	
For the supply of a disk containing a record of a proceeding or of part of a proceeding or of 
a matter incidental to a proceeding.	
$26.00 per DVD or CD-Rom
A minimum fee of $108.00 
per transcript applies when the
total order does not exceed 
the minimum fee.	

Explanatory Note:  Last Financial Year the fee was $25.00 and $104.00 respectively. 

 (GST is not applicable)

1306	
For each page of copy of a document or documents copied by a person, other than an officer of the Magistrates Court, using a Court photocopier.	
$0.31 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $0.30.

	

1307	
For up to 3 attempts to execute process at the same address, whether or not the execution is successful.	
$319.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $307.00. 

	

1308	
For expenses reasonably incurred by the Court in the execution of process or attempted execution of process for which a fee is payable under the previous item.	
The amount of the expenses 	

Explanatory Note:  Last Financial Year the fee was the same.

	

1309	
Subject to the paragraph below, for the issue of a subpoena in any civil proceedings in the Magistrates Court:	

	
(a) to give evidence;	

	
for  a natural person	
$20.00	

for a corporation	
$40.00	

(b) for production and to give evidence;	

	
for a natural person	
$40.00	

for a corporation	
$80.00	

(c) for production	

	
for a natural person	
$40.00	

For a corporation	
$80.00	

No fee is payable under this item if no fee for filing a document in the proceeding  is payable, such as under item 1108.	
(GST is not applicable to any
fees for Item 1309)	

Explanatory Note:  Last Financial Year the fees were $20.00, $39.00 and $39.00 for a natural person and $40.00, $78.00 and $78.00 for a corporation.	

	

1309.1	
Fee for applications for a request to the registrar to obtain production of documents under rule 6613 in the Magistrates Court:	

	
for a natural person	
$40.00 (GST is not applicable)	

for a corporation	
$80.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $39.00 for a natural person and $78.00 for a corporation.	

	

1310	
For the court undertaking an enforcement hearing examination.	
 $75.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $73.00. 

1311	
Subject to the paragraph below, for the issue of a subpoena in any civil proceedings in the Supreme Court or the Court of Appeal:	

	
(a) to give evidence;	

	
for a natural person	
$40.00	

for a corporation	
$80.00	

(b) for production and to give evidence;	

	
for a natural person	
$75.00	

for a corporation	
$150.00	

(c) for production.	

	
for a natural person	
$75.00	

for a corporation	
$150.00	

No fee is payable under this item if no fee for filing a document in relation to the proceeding is payable, such as under item 1211.	
(GST is not applicable to any
 fee for Item 1311)	

Explanatory Note:  Last Financial Year the fees were $39.00, $73.00 and $73.00 for a natural person and $78.00, $146.00 and $146.00 for a corporation.	

	

1311.1	
Fee for applications for a request to the registrar to obtain production of documents under rule 6613 in the Supreme Court:	

	

	
for a natural person	
$75.00 (GST is not applicable)	

for a corporation	
$150.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $73.00 for a natural person and $146.00 for a corporation.	

	

1312	
For the issuing of a notice of non-party production.	
$41.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fee was $40.00. 	

1313	
The Registrar of a court may defer liability for the payment of a fee or charge for the performance of a function or the provision of a facility or service, in whole or in part, for any period as necessary or appropriate in the interests of justice if, in the Registrar's opinion, payment cannot be made at the time of the request for the function, facility or service, but payment could be made within a specified period as necessary or appropriate in the interests of justice (or any longer period as necessary or appropriate in the interests of justice) after making of the request.	
Nil 	

Explanatory Note:  This is the same as previous determination.	

1314	
The Registrar of a court may remit or refund a fee or charge for the performance of a function or the provision of a facility or service, in whole or in part, where the circumstances warrant and it is in the interests of justice to do so.	
Nil 	

Explanatory Note: This is the same as previous determination. 

1315	
The Registrar may impose a minimum filing fee on a person. If the Registrar imposes a minimum filing fee, the person must pay the lower of the prescribed filing fee and the minimum fee.  The minimum fee is:	

	
(a) in the Supreme Court	
$111.00 (GST is not applicable)	

(b) in the Magistrates Court	
$55.00 (GST is not applicable)	

Explanatory Note:  Last Financial Year the fees were $107.00 and $53.00 respectively.	

	

	

1316	
For opening the offices of a court -	

	
(a) between 4.30 pm and 5.00 pm on a day other than a Saturday, Sunday or public holiday;	
$94.00 (GST is not applicable)	

(b) at any time -	
$540.00 for up to 3 hours and 
$216.00 for each hour or part 
thereof after that
(GST is not applicable)	

(i) on a Saturday, Sunday or public holiday; or	

	
(ii) outside the hours of 8:30 am to 5.00 pm on a day of the  week other than a day referred to in subparagraph (b)(i).	

	
Explanatory Note:  Last Financial Year the fees were $91.00, $520.00 and $208.00 respectively.

	

1317	
On lodging for assessment a bill of costs as between party and party (any amount)	

	
for a natural person	
$222.00 (GST is not applicable)	

for a corporation	
$444.00 (GST is not applicable)	

In addition to the lodgment fee, a taxing fee at the rate of 5% of the bill as drawn is payable at the time of lodgment.	

	
The taxing officer must allow against the person chargeable with the costs as taxed, the taxing fee of 5% of the amount found due on taxation.	

	
If the parties agree on the bill of costs and the appointment is cancelled 10 or more days before the day of the appointment, 80% of the fees paid (both the filing fee and the fee based on 5% of the drawn amount) are to be refunded. If the appointment is cancelled more than 3 days but less than 10 days before the day of the appointment, 50% is to be refunded. If the appointment is cancelled less than 3 days before the day of the appointment, the fees are not refundable.	

	

Explanatory Note:  Last Financial Year the fee was $214.00 for a natural person and $428.00 for a corporation.

1318	
No fee is payable under items 1302 or 1305 by Legal Aid ACT in respect of:	

	
(a) The daily transcript of a Supreme Court trial of a person with a grant of legal assistance from Legal Aid ACT, during the course of that trial.	

	
(b) The transcript of a Magistrate or Supreme Court trial or sentence where there is an appeal to the Supreme Court or Court of Appeal against conviction or sentence in relation to a person with a grant of legal assistance from Legal Aid ACT.	

	
(c) Any other transcript of a criminal proceeding against a person, or civil proceeding involving a person, with a grant of legal assistance from Legal Aid ACT, where that transcript has been ordered by the presiding judge or magistrate	

	
Explanatory Note: This is the same as previous determination.