South Australia
Supreme Court (Fees) Regulations 1999
under the Supreme Court Act 1935

Contents
1	Citation
3A	Interpretation
4	Fees
Schedule—Fees
Part 1—General
Part 2—Fees payable under rules regulating admission of practitioners
Part 3—Fees to be taken by officers of the court or Commissioners for taking affidavits
Part 4—Fees to be taken in marshal's office
Legislative history

1—Citation
These regulations may be cited as the  Supreme Court (Fees) Regulations 1999.
3A—Interpretation
In these regulations—
Act means the Supreme Court Act 1935.
4—Fees
	(1)	The fees payable in respect of proceedings of the court are as follows:
	(a)	the fees set out in the Schedule; and
	(b)	in the case of the execution of process, in addition to the relevant fee, the costs reasonably incurred in the execution.
Examples—
	•	sums expended in attending the discharge of a ship or goods;
	•	sums paid to a shipkeeper;
	•	sums paid for the safe custody of property;
	•	travelling expenses;
	•	necessary meals;
	•	sums paid to engage assistants;
	•	postage, telephone calls;
	•	fees paid to auctioneers or appraisers.
	(2)	The Registrar may require a party to proceedings to pay a deposit on account of any fee to which the party may become liable under these regulations.
	(3)	The fees payable for inspection or copying of material under section 131 of the Act are the appropriate fees set out in the Schedule.

Schedule—Fees
Part 1—General

General Fees			
1	On filing—		
		(a)	an application for discovery of documents before the commencement of a proceeding		
		(b)	a document by which a proceeding in the court is commenced—		
		(i)	in the case where a fee has previously been paid for filing an application for discovery of documents relating to the subject-matter of the proceeding	$836	
		(ii)	in any other case	$1 007	
		(c)	a counterclaim or third party notice	$1 007	
		(d)	a summons for leave to appeal	$171	
		(e)	a notice of appeal—		
		•	in respect of an appeal for which leave to appeal is required	$836	
		•	in respect of an appeal as of right	$1 007	
	Note—
No further fee is payable for filing pleadings or particulars or for any interlocutory application, interlocutory motion, application for directions or application for immediate relief, for signing judgment or for any necessary affidavit or document.		
2	On—		
		(a)	filing or lodging an application, notice or other document that does not relate to a proceeding for which a fee has been paid under clause 1	$34.75	
		(b)	sealing a certificate	$34.75	
		(c)	certifying under seal that a document is a true copy	$34.75	
3	For each request to search and inspect a record of the court, other than a Divorce or Matrimonial Causes record	$9.50	
	Note—
No fee is payable under clause 3 for a request made in respect of a record relating to criminal proceedings by or on behalf of the defendant or the victim of the offence that is the subject of those proceedings.		
4	For a copy of a document (other than a copy of evidence)	$2.20 per page	
5	For a copy of evidence	$5 per page	
6	For a copy of the reasons for judgment	$5 per page	
	Note—
One copy will be supplied to a party to the proceedings free of charge.		
7	For a copy of a computer disc containing the record of court proceedings (including the reasons for judgment)	the fee that would be payable under these regulations for a printed copy of the record of the proceedings plus $59 for each day or part of a day on which the proceedings were recorded	
8	For production of a transcript on the request of a party where the court does not require the transcript	$10 per page	
9	Trial fee	$1 007 for each day or part of a day on which the trial is heard by the Court	
	Note—
The fee for a trial is the fee fixed under clause 9 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 Registrar so orders, the fee is payable by another party to the proceedings or by the parties to the proceedings in the proportions ordered.		
Suitor's Funds			
10	On interest collected on funds in court or credited to an account	3% of the amount of interest	
	Note—
This fee may be charged either from time to time or prior to the payment or transfer of interest out of any fund or money in court. No fee is payable if the total amount of interest does not exceed $10.		
Fees Payable on Taxation of Costs			
11	On lodging a bill of costs	$34.75	
12	For taxing a bill of costs	5% of the amount allowed on taxation (to the nearest dollar)	
Miscellaneous			
13	On serving on a Registrar of the Magistrates Court copies of a notice of appeal to the Supreme Court against a decision of the Magistrates Court pursuant to section 42 of the Magistrates Court Act 1991	$108	
	Note—
This fee is payable at the Magistrates Court when the appeal is lodged.		
14	For opening the Registry (or the Registry remaining open) after hours for urgent execution of process	$178 per hour or part of an hour	
15	For opening the court (or the court remaining open) after hours for urgent hearing	$535 per hour or part of an hour	
Part 2—Fees payable under rules regulating admission of practitioners

16	On application for admission or re-admission as a practitioner	$273	
Part 3—Fees to be taken by officers of the court or Commissioners for taking affidavits

17	On taking an affidavit or an affirmation or attestation upon honour or a declaration (for each person making the affidavit, affirmation, attestation upon honour or declaration)—		
		(a)	if taken by a Commissioner who has to travel more than one kilometre from his or her residence or office or, in the case of an officer of the court, one kilometre from the Registry	$5.90	
		(b)	in any other case—		
		•	if taken within the State	$1.15	
		•	if taken outside the State	$2.30	
18	For attesting a document required to be attested by a Commissioner for taking affidavits	$1.15	
19	Commissioner's fee on execution of bail in the Admiralty jurisdiction, including any affidavit of justification	$9.50	
Part 4—Fees to be taken in marshal's office

20	Receiving and entering a writ of summons, warrant of release, decree, order, commission or other instrument under the seal of the court	$34.25	
21	For—		
		(a)	service of a writ of summons	$28.50	
		(b)	execution of a warrant of arrest (for each person)	$59	
	but, if a writ is served and a warrant executed on a person at the same time	$76.50	
22	For execution of a warrant for the seizure of a ship, cargo or other goods	$59	
23	For the release of any ship, goods or person from seizure or arrest	$28.50	
24	For the execution of a commission of appraisement or sale	$59	
25	For the execution of any decree, order, commission or instrument other than one otherwise specified in this Part	$59	
26	For delivery of a ship or goods to a purchaser	$59	
27	For attending the discharge of cargo or removal of a ship or goods	$59 per day or part of a day	
28	For opening office (or office remaining open) after hours for urgent execution of process	$178 per hour or part of an hour	
29	On the gross proceeds of any ship or goods sold—		
		(a)	for every $200 or part of $200, up to $20 000	$11.60	
		(b)	for each additional $200 or part of $200	$7.10	
30	For retaining possession of a ship (with or without cargo) or of a ship's cargo	$34.25 per day or part of a day	
	Note—
No fee is payable under this Part for the custody and possession of property seized if it consists of money with an ADI, or goods stored in a bonded warehouse, or if it is in the custody of a customs officer or other authorised person.		

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Revocation of regulations
The Supreme Court (Fees) Regulations 1999 were revoked by Sch 3 cl 1 of the Supreme Court Regulations 2005 on 1.7.2005.
Legislation revoked by principal regulations
The Supreme Court (Fees) Regulations 1999 revoked the following:
Supreme Court (Fees) Regulations 1987
Principal regulations and variations
Year	No	Reference	Commencement	
1999	65	Gazette 27.5.1999 p2821	1.7.1999: r 2	
1999	165	Gazette 12.8.1999 p783	12.8.1999: r 2	
2000	62	Gazette 25.5.2000 p2719	1.7.2000: r 2	
2001	35	Gazette 3.5.2001 p1721	13.5.2001: r 2	
2001	49	Gazette 31.5.2001 p1951	1.7.2001: r 2	
2002	85	Gazette 20.6.2002 p2580	1.7.2002: r 2	
2003	87	Gazette 29.5.2003 p2231	1.7.2003: r 2 	
2004	57	Gazette 27.5.2004 p1465	1.7.2004: r 2 	
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2 and 3	omitted under Legislation Revision and Publication Regulations 2002	1.7.2004	
r 3A	inserted by 49/2001 r 3	1.7.2001	
r 4			
r 4(1)	varied by 49/2001 r 4(a)	1.7.2001	
r 4(3)	inserted by 49/2001 r 4(b)	1.7.2001	
Sch before substitution by 57/2004	varied by 165/1999 r 3	12.8.1999	
	varied by 62/2000 r 3	1.7.2000	
	varied by 35/2001 r 3	13.5.2001	
	varied by 49/2001 r 5	1.7.2001	
	varied by 85/2002 r 3	1.7.2002	
	varied by 87/2003 r 4	1.7.2003	
Sch	substituted by 57/2004 r 4	1.7.2004