AUSTRALIAN CAPITAL TERRITORY

MAGISTRATES COURT (CIVIL JURISDICTION) (FEES) REGULATIONS (AMENDMENT)

EXPLANATORY MEMORANDUM

No. 2 of 1987

These Regulations, which are made under the Magistrates Court (Civil Jurisdiction) Ordinance 1982, amend the Magistrates Court (Civil Jurisdiction) (Fees) Regulations (the Principal Regulations) to increase the fees payable on filing originating process in the A.C.T. Magistrates Court and for serving or attempting to serve process of the Court.

The fees were last increased on 1 September 1982.  The Regulations increase the Court fee payable for the filing of a document commencing proceedings from $20 to $30, for service or attempting to serve process by post from $3 to $5 and for serving or attempting to serve process, otherwise than by post, from $15 to $20.

The percentage increases are broadly equivalent to those made recently to fees in the A.C.T Supreme Court.  That increase included a component attributable to Consumer Price Index increases since the last increase and an additional revenue component to offset, to some extent, costs involved in running the Court.

Regulation 1 omits sub-regulation 392) of the Principal Regulations which prescribes the fees payable for transcript in civil proceedings in the Court.  This sub-regulation is now redundant.  provision has been made in rule 68 of the Magistrates Court Rules for the fees payable for transcript in such proceedings.

Regulation 2 increases the fees payable as outlined above.

Regulation 3 provides that the increases in respect of service of process apply only where service is requested on or after the commencement of the amending Regulations.

Authorised by the
Attorney-General