Title: District Court (Fees) VariationRegulations 2019
Subject: District CourtAct 1991
Author: Office of Parliamentary Counsel
Last saved by: Sandra Flintoft-Silk
Category: public
Document comments: 99

No 99 of 2019 published in Gazette 13.6.2019 p 1932

District Court (Fees) Variation Regulations 2019

District Court (Fees) Variation Regulations 2019
Part 1—Preliminary

District Court (Fees) Variation Regulations 2019
Preliminary—Part 1

District Court (Fees) Variation Regulations 2019
Part 2—Variation of District Court Regulations 2018

District Court (Fees) Variation Regulations 2019
Variation of District Court Regulations 2018—Part 2

South Australia
District Court (Fees) Variation Regulations 2019
under the District Court Act 1991

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Variation provisions
Part 2—Variation of District Court Regulations 2018
4	Substitution of Schedules 1 to 3
Schedule 1—Fees in Civil Division
Schedule 2—Fees in Criminal Injuries Division
Schedule 3—Fees in Criminal Division

Part 1—Preliminary
1—Short title
These regulations may be cited as the District Court (Fees) Variation Regulations 2019.
2—Commencement
These regulations come into operation on 1 July 2019.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of District Court Regulations 2018
4—Substitution of Schedules 1 to 3
Schedules 1 to 3 (inclusive)—delete the Schedules and substitute:
Schedule 1—Fees in Civil Division

1 | On filing an application for disclosure of documents before the commencement of a proceeding |
| (a)	for a prescribed corporation | $240.00
| (b)	for any other person | $171.00
2 | Summons fee—on filing a document by which a proceeding (other than a proceeding specified in clause 3 or 4) is commenced |
| (a)	for a prescribed corporation | $1 873.00
| (b)	for any other person | $1 329.00
3 | On transferring an action commenced in the Magistrates Court to the Court |
| (a)	in the case of a prescribed corporation | $1 873.00 less the fees already paid in respect of the action in the Magistrates Court
| (b)	in any other case | $1 329.00 less the fees already paid in respect of the action in the Magistrates Court
4 | Summons fee—on filing a document by which a proceeding is commenced where a fee has previously been paid for filing an application for disclosure of documents relating to the subject matter of the proceeding |
| (a)	for a prescribed corporation | $1 633.00
| (b)	for any other person | $1 158.00
5 | On filing an application under the National Credit Code | $263.00
6 | On filing a counterclaim or third party action |
| (a)	for a prescribed corporation | $1 873.00
| (b)	for any other person | $1 329.00
7 | On transferring a counterclaim or third party action commenced in the Magistrates Court to the Court |
| (a)	in the case of a prescribed corporation | $1 873.00 less the fees already paid in respect of the action in the Magistrates Court
| (b)	in any other case | $1 329.00 less the fees already paid in respect of the action in the Magistrates Court
8 | On setting a date for trial |
| (a)	for a prescribed corporation | $1 873.00
| (b)	for any other person | $1 329.00
9 | On filing a notice of appeal to the Court constituted of a Judge (other than a notice of appeal to the ADD) |
| (a)	for a prescribed corporation | $1 873.00
| (b)	for any other person | $1 329.00
10 | On filing or lodging an application, notice or other document that does not relate to a proceeding for which a fee has been paid under any of the preceding clauses |
| (a)	for a prescribed corporation | $240.00
| (b)	for any other person | $171.00
11 | For sealing a certificate or certifying under seal that a document is a true copy | $79.50
12 | For each request to search and/or inspect a record of the Court | $25.30
13 | For copy of evidence |
| (a)	per page in electronic form | $8.50
| (b)	per page in hard‑copy form | $10.90

14

For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.

$8.50

15 | For copy of any other document—per page | $5.10
16 | For production of transcript at request of a party where the Court does not require the transcript—per page | $17.20
17 | Trial fee—for each day or part of a day on which the trial is heard by the Court |
| (a)	for a prescribed corporation | $1 873.00
| (b)	for any other person | $1 329.00
18 | Suitors' Fund—on interest collected on funds in Court or credited to an account, payable on transfer of interest out of the fund or account or at such earlier time or times as required by the Court |
| (a)	if the interest is $10.00 or less | no fee
| (b)	in any other case | 3% of amount of interest
19 | Adjudication of costs |
| (a)	on filing an itemised schedule of costs | $79.50
| (b)	on filing an application for adjudication of legal costs | $79.50
| (c)	for adjudicating an itemised schedule of costs | 5% of amount allowed on adjudication (to nearest dollar)
20 | For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour | $407.00
21 | For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour | $1 227.00
Schedule 2—Fees in Criminal Injuries Division

1 | Summons fee—on filing a document by which a proceeding is commenced |
| (a)	for a prescribed corporation | $240.00
| (b)	for any other person | $171.00
2 | (1) | For each request to search and/or inspect a record of the Court | $25.30
| (2) | A fee is not payable under subclause (1) for a request by or on behalf of a person accused or a victim of an offence that is the subject of proceedings before the Court |
3 | For copy of evidence |
| (a)	per page in electronic form | $8.50
| (b)	per page in hard‑copy form | $10.90

4

For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.

$8.50

5 | For copy of any other document—per page | $5.10
6 | For production of transcript at request of a party where the Court does not require the transcript—per page | $17.20
7 | Adjudication of costs |
| (a)	on filing an itemised schedule of costs | $79.50
| (b)	on filing an application for adjudication of legal costs | $79.50
| (c)	for adjudicating an itemised schedule of costs | 5% of amount allowed on adjudication (to nearest dollar)
8 | For opening Registry (or Registry remaining open) after hours for urgent execution of process—per hour or part of an hour | $407.00
9 | For opening Court (or Court remaining open) after hours for urgent hearing—per hour or part of an hour | $1 227.00
Schedule 3—Fees in Criminal Division

1 | (1) | For each request to search and/or inspect a record of the Court | $25.30
| (2) | A fee is not payable under subclause (1) for a request by or on behalf of a person accused or a victim of an offence that is the subject of proceedings before the Court |
2 | For sealing a certificate or certifying under seal that a document is a true copy | $79.50
3 | For copy of evidence |
| (a)	per page in electronic form | $8.50
| (b)	per page in hard‑copy form | $10.90

4

For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.

$8.50

5 | For copy of any other document—per page | $5.10
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 13 June 2019
No 99 of 2019