South Australia
District Court Regulations 2018
under the District Court Act 1991

Contents
1	Short title
3	Interpretation
4	Fees in civil proceedings
5	Fees in criminal proceedings
6	Fees generally
Schedule 1—Fees in Civil Division
Schedule 2—Fees in Criminal Injuries Division
Schedule 3—Fees in Criminal Division
Schedule 4—Fee in Commonwealth Fair Work Act 2009 jurisdiction
Legislative history

1—Short title
These regulations may be cited as the District Court Regulations 2018.
3—Interpretation
In these regulations, unless the contrary intention appears—
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;
Crown means the Crown in right of this State;
government agency includes—
	(a)	a Minister, instrumentality or agency of the Crown; or
	(b)	a body or person subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown; or
	(c)	South Australia Police; or
	(d)	the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia);
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 in civil proceedings
	(1)	The fees set out in Schedule 1 are payable to the Court in relation to proceedings in the Civil Division.
	(2)	The following provisions apply to the listing fees set out in clause 8 of Schedule 1:
	(a)	except where the Court or a registrar directs otherwise, the fee—
	(i)	is payable by the plaintiff; and
	(ii)	must be paid within the period of 14 days after the day on which the trial date is set;
	(b)	the trial will not proceed on the day set for that purpose unless the fee has been paid in accordance with paragraph (a).
	(3)	The following provisions apply to the trial fees set out in clause 17 of Schedule 1:
	(a)	the fee for a trial is the fee prescribed under clause 17 of the Schedule as in force on the day on which the trial commences;
	(b)	the fee is not payable for the first day of trial if the listing fee set out in clause 8 of the Schedule has been paid;
	(c)	subject to paragraph (d), the fee is payable by the plaintiff or appellant in the proceedings;
	(d)	if the Court or a registrar so directs, the fee is payable by another party to the proceedings or by the parties to the proceedings in the proportions directed.
	(4)	The fees set out in Schedule 2 are payable to the Court in relation to proceedings in the Criminal Injuries Division.
	(5)	Section 15 of the Crown Proceedings Act 1992 makes provision in relation to the Crown's liability for fees and charges in civil proceedings in the Court.
5—Fees in criminal proceedings
	(1)	The fees set out in Schedule 3 are payable to the Court in relation to proceedings in the Criminal Division.
	(2)	A government agency is not required to pay any fee or charge—
	(a)	for commencing, or taking any step in, proceedings in the Court to which this regulation applies; or
	(b)	for obtaining a transcript of any such proceedings to which it is a party; or
	(c)	for obtaining a copy of evidence in any such proceedings to which it is a party.
	(3)	Any costs to which a government agency is entitled will be calculated as if the government agency were liable to pay, and had in fact paid, fees and charges from which it is exempt under subregulation (2).
	(4)	This regulation applies to criminal proceedings in the Court.
6—Fees generally
	(1)	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 each of the Schedules.
	(2)	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	$229.00	
		(b)	for any other person	$163.00	
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	$1 784.00	
		(b)	for any other person	$1 266.00	
3	On transferring an action commenced in the Magistrates Court to the Court		
		(a)	in the case of a prescribed corporation	$1 784.00 less the fees already paid in respect of the action in the Magistrates Court	
		(b)	in any other case	$1 266.00 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	$1 555.00	
		(b)	for any other person	$1 103.00	
5	On filing an application under the National Credit Code	$250.00	
6	On filing a counterclaim or third party action		
		(a)	for a prescribed corporation	$1 784.00	
		(b)	for any other person	$1 266.00	
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	$1 784.00 less the fees already paid in respect of the action in the Magistrates Court	
		(b)	in any other case	$1 266.00 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	$1 784.00	
		(b)	for any other person	$1 266.00	
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	$1 784.00	
		(b)	for any other person	$1 266.00	
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	$229.00	
		(b)	for any other person	$163.00	
11	For sealing a certificate or certifying under seal that a document is a true copy	$75.50	
12	For each request to search and/or inspect a record of the Court	$24.10	
13	For copy of evidence		
		(a)	per page in electronic form	$8.10	
		(b)	per page in hard‑copy form	$10.40	
14	For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.	$8.10	
15	For copy of any other document—per page	$4.90	
16	For production of transcript at request of a party where the Court does not require the transcript—per page	$16.40	
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	$1 784.00	
		(b)	for any other person	$1 266.00	
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	$75.50	
		(b)	on filing an application for adjudication of legal costs	$75.50	
		(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	$388.00	
21	For opening Court (or Court remaining open) after hours for urgent hearing—for each hour or part of an hour	$1 169.00	

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		$229.00	
		(b)	for any other person		$163.00	
2	(1)	For each request to search and/or inspect a record of the Court	$24.10	
	(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			
		(a)	per page in electronic form		$8.10	
		(b)	per page in hard‑copy form		$10.40	
4	For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.		$8.10	
5	For copy of any other document—per page		$4.90	
6	For production of transcript at request of a party where the Court does not require the transcript—per page		$16.40	
7	Adjudication of costs			
		(a)	on filing an itemised schedule of costs		$75.50	
		(b)	on filing an application for adjudication of legal costs		$75.50	
		(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		$388.00	
9	For opening Court (or Court remaining open) after hours for urgent hearing—per hour or part of an hour		$1 169.00	

Schedule 3—Fees in Criminal Division

1	(1)	For each request to search and/or inspect a record of the Court 	$24.10	
	(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		$75.50	
3	For copy of evidence			
		(a)	per page in electronic form		$8.10	
		(b)	per page in hard‑copy form		$10.40	
4	For copy of reasons for judgment—per page
Note—
1 copy will be supplied to a party to the proceedings free of charge.		$8.10	
5	For copy of any other document—per page		$4.90	

Schedule 4—Fee in Commonwealth Fair Work Act 2009 jurisdiction

1	An application in relation to the jurisdiction of the Court under the Fair Work Act 2009 of the Commonwealth	no fee	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	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 Regulations 2018 revoked the following:
District Court (Fees) Regulations 2004
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2018	33	Gazette 13.2.2018 p756 	13.2.2018: r 2	
2018	84	Gazette 21.6.2018 p2200	1.7.2018: r 2	
2019	99	Gazette 13.6.2019 p1932	1.7.2019: 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 Legislation Revision and Publication Act 2002	1.7.2018	
Schs 1—3	substituted by 84/2018 r 4	1.7.2018	
Sch 5	omitted under Legislation Revision and Publication Act 2002	1.7.2018