South Australia
District Court (Fees) Regulations 2004
under the District Court Act 1991

Contents
1	Short title
3	Interpretation
4	Fees
Schedule 1—Fees in civil division
Schedule 2—Fees in criminal division
Schedule 3—Fees in criminal injuries division
Legislative history

1—Short title
These regulations may be cited as the District Court (Fees) Regulations 2004.
3—Interpretation
In these regulations—
Act means the District Court Act 1991;
ADD means the Administrative and Disciplinary Division of the Court;
corporation has the same meaning as in the Corporations Act 2001 of the Commonwealth;
National Credit Code means the National Credit Code in Schedule 1 of the National Consumer Credit Protection Act 2009 of the Commonwealth;
not‑for‑profit organisation means a corporation that is not for the purpose of trading or securing a pecuniary profit for its members from its transactions;
prescribed corporation means a corporation other than—
	(a)	a small business; or
	(b)	a not‑for‑profit organisation;
small business means a corporation that— 
	(a)	has less than 20 full‑time equivalent employees; and
	(b)	is not a subsidiary of a corporation that has 20 or more full‑time employees;
subsidiary has the same meaning as in the Corporations Act 2001 of the Commonwealth.
4—Fees
	(1)	The fees set out in Schedule 1 are payable to the Court in relation to proceedings in the Civil Division.
	(2)	The fees set out in Schedule 2 are payable to the Court in relation to proceedings in the Criminal Division.
	(3)	The fees set out in Schedule 3 are payable to the Court in relation to proceedings in the Criminal Injuries Division.
	(4)	The fees to be charged by the Court for inspection or copying of material under section 54 of the Act are the appropriate fees set out in the Schedules.
	(5)	The Court may require a non-refundable deposit as security for the payment of fees for the production of a transcript of the hearing of a case at the request of a party where the Court does not require the transcript.

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	$219.00	
		(b)	for any other person	$156.00	
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	$1 708.00	
		(b)	for any other person	$1 212.00	
2A	On transferring an action commenced in the Magistrates Court to the Court		
		(a)	in the case of a prescribed corporation	$1 708.00 less the fees already paid in respect of the action in the Magistrates Court	
		(b)	in any other case	$1 212.00 less the fees already paid in respect of the action in the Magistrates Court	
3	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	$1 489.00	
		(b)	for any other person	$1 056.00	
4	On filing an application under the National Credit Code	$240.00	
5	On filing a counterclaim or third party action		
		(a)	for a prescribed corporation	$1 708.00	
		(b)	for any other person	$1 212.00	
5A	On transferring a counterclaim or third party action commenced in the Magistrates Court to the Court		
		(a)	in the case of a prescribed corporation	$1 708.00 less the fees already paid in respect of the action in the Magistrates Court	
		(b)	in any other case	$1 212.00 less the fees already paid in respect of the action in the Magistrates Court	
5B	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	$1 708.00	
		(b)	for any other person	$1 212.00	
6	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	$219.00	
		(b)	for any other person	$156.00	
7	For sealing a certificate or certifying under seal that a document is a true copy	$72.50	
8	For each request to search and/or inspect a record of the Court	$23.10	
9	For copy of evidence		
	per page in electronic form	$7.75	
	per page in hard‑copy form	$10.00	
10	For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge	$7.75	
11	For copy of any other document—per page	$4.70	
12	For production of transcript at request of a party where the Court does not require the transcript—per page	$15.70	
13	Trial fee—for each day or part of a day on which the trial is heard by the Court		
		(a)	for a prescribed corporation	$1 708.00	
		(b)	for any other person	$1 212.00	
	Note—
The fee for a trial is the fee fixed under clause 13 as in force on the day on which the trial commenced and is payable by the plaintiff or appellant in the proceedings. However, if the Court or a registrar so orders, the fee is payable by another party to the proceedings or by the parties to the proceedings in the proportions ordered.		
14	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	
15	Adjudication of costs		
		(a)	on filing an itemised schedule of costs	$72.50	
		(b)	on filing an application for adjudication of legal costs	$72.50	
		(c)	for adjudicating an itemised schedule of costs	5% of amount allowed on adjudication (to nearest dollar)	
16	For opening Registry (or Registry remaining open) after hours for urgent execution of process—for each hour or part of an hour	$372.00	
17	For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour	$1 119.00	

Schedule 2—Fees in criminal division

1	(1)	For each request to search and/or inspect a record of the Court 	$23.10	
	(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	$72.50	
3	For copy of evidence		
	per page in electronic form	$7.75	
	per page in hard‑copy form	$10.00	
4	For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.	$7.75	
5	For copy of any other document—per page	$4.70	

Schedule 3—Fees in criminal injuries division

1	Summons fee—on filing a document by which a proceeding is commenced		
		(a)	for a prescribed corporation	$219.00	
		(b)	for any other person	$156.00	
2	(1)	For each request to search and/or inspect a record of the Court	$23.10	
	(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		
	per page in electronic form	$7.75	
	per page in hard‑copy form	$10.00	
4	For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.	$7.75	
5	For copy of any other document—per page	$4.70	
6	For production of transcript at request of a party where the Court does not require the transcript—per page	$15.70	
7	Adjudication of costs		
		(a)	on filing an itemised schedule of costs	$72.50	
		(b)	on filing an application for adjudication of legal costs	$72.50	
		(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	$372.00	
9	For opening Court (or Court remaining open) after hours for urgent hearing—per hour or part of an hour	$1 119.00	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The District Court (Fees) Regulations 2004 revoked the following:
District Court (Fees) Regulations 1992
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2004	208	Gazette 23.9.2004 p3731	23.9.2004: r 2 	
2005	107	Gazette 26.5.2005 p1557	1.7.2005: r 2	
2006	145	Gazette 15.6.2006 p1897	1.7.2006: r 2	
2007	96	Gazette 7.6.2007 p2406	1.7.2007: r 2	
2008	84	Gazette 5.6.2008 p2004	1.7.2008: r 2	
2009	101	Gazette 4.6.2009 p2512	1.7.2009: r 2	
2010	130	Gazette 10.6.2010 p2953	1.7.2010: r 2	
2011	144	Gazette 9.6.2011 p2386	1.7.2011: r 2	
2012	143	Gazette 31.5.2012 p2524	1.7.2012: r 2	
2013	117	Gazette 6.6.2013 p2277	1.7.2013: r 2	
2014	124	Gazette 19.6.2014 p2623	1.7.2014: r 2	
2015	74	Gazette 18.6.2015 p2584	1.7.2015: r 2	
2016	149	Gazette 23.6.2016 p2392	1.7.2016 except Pt 3 (rr 5—7)—1.9.2016: r 2	
2016	271	Gazette 1.12.2016 p4584	4.12.2016: r 2	
2017	156	Gazette 22.6.2017 p2417	1.7.2017: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 2	omitted under the Legislation Revision and Publication Act 2002	1.7.2005	
r 3			
ADD	inserted by 271/2016 r 4	4.12.2016	
corporation	inserted by 144/2011 r 4	1.7.2011	
National Credit Code	inserted by 144/2011 r 4	1.7.2011	
not-for-profit organisation	inserted by 144/2011 r 4	1.7.2011	
prescribed corporation	inserted by 144/2011 r 4	1.7.2011	
small business	inserted by 144/2011 r 4	1.7.2011	
subsidiary	inserted by 144/2011 r 4	1.7.2011	
Sch 1	substituted by 107/2005 r 4	1.7.2005	
	substituted by 145/2006 r 4	1.7.2006	
	substituted by 96/2007 r 4	1.7.2007	
	substituted by 84/2008 r 4	1.7.2008	
	substituted by 101/2009 r 4	1.7.2009	
	substituted by 130/2010 r 4	1.7.2010	
	substituted by 144/2011 r 5	1.7.2011	
	substituted by 143/2012 r 4	1.7.2012	
	substituted by 117/2013 r 4	1.7.2013	
	substituted by 124/2014 r 4	1.7.2014	
	substituted by 74/2015 r 4	1.7.2015	
	substituted by 149/2016 r 4	1.7.2016	
Sch 1	varied by 149/2016 r 5	1.9.2016	
	varied by 271/2016 r 5(1), (2)	4.12.2016	
Sch 2	substituted by 107/2005 r 4	1.7.2005	
	substituted by 145/2006 r 4	1.7.2006	
	substituted by 96/2007 r 4	1.7.2007	
	substituted by 84/2008 r 4	1.7.2008	
	substituted by 101/2009 r 4	1.7.2009	
	substituted by 130/2010 r 4	1.7.2010	
	substituted by 144/2011 r 5	1.7.2011	
	substituted by 143/2012 r 4	1.7.2012	
	substituted by 117/2013 r 4	1.7.2013	
	substituted by 124/2014 r 4	1.7.2014	
	substituted by 74/2015 r 4	1.7.2015	
	substituted by 149/2016 r 4	1.7.2016	
Sch 2	varied by 149/2016 r 6	1.9.2016	
Sch 3	substituted by 107/2005 r 4	1.7.2005	
	substituted by 145/2006 r 4	1.7.2006	
	substituted by 96/2007 r 4	1.7.2007	
	substituted by 84/2008 r 4	1.7.2008	
	substituted by 101/2009 r 4	1.7.2009	
	substituted by 130/2010 r 4	1.7.2010	
	substituted by 144/2011 r 5	1.7.2011	
	substituted by 143/2012 r 4	1.7.2012	
	substituted by 117/2013 r 4	1.7.2013	
	substituted by 124/2014 r 4	1.7.2014	
	substituted by 74/2015 r 4	1.7.2015	
	substituted by 149/2016 r 4	1.7.2016	
Sch 3	varied by 149/2016 r 7	1.9.2016	
Sch 4	omitted under the Legislation Revision and Publication Act 2002	1.7.2005	
Historical versions
1.7.2005		
1.7.2006		
1.7.2007		
1.7.2008		
1.7.2009		
1.7.2010		
1.7.2011		
1.7.2012		
1.7.2013		
1.7.2014		
1.7.2015		
1.7.2016		
1.9.2016