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reg 6

Fee for civil trial

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6 Fee for civil trial

(1)

For section 8(1) of the Act, the prescribed fee is:

(a)

if the trial lasts 9 days or less – 240 monetary units for each day of the trial; or

(b)

if the trial lasts 10 days or more – 480 monetary units for each day of the trial.

(1A)

The fee is to be calculated based on the value of a monetary unit on the first day of the trial.

(2)

For section 8(2) of the Act, the party liable to the fee:

(a)

must, before the court sits on the first day of the trial, submit a written estimate of the number of days the trial will last and pay an amount equal to the prescribed fee for a trial of the length estimated; and

(b)

if the estimate is exceeded – must, before the trial resumes on the first day on which the estimate is exceeded, submit a revised estimate and pay an amount equal to the prescribed fee for a trial of the length estimated less the amount already paid; and

(c)

if the revised estimate is exceeded – must, before the trial resumes on the first day on which the revised estimate is exceeded, submit a further revised estimate and pay an amount equal to the prescribed fee for a trial of the length estimated less the amount already paid; and

(d)

must continue as indicated above if the trial lasts longer than the period estimated in the last estimate submitted under this regulation.

(3)

If a court sits with the jury for part of a day, the day is counted as a whole day for subregulations (1) and (2).

(4)

If it appears, at the end of a trial, that the amount paid under subregulation (2) exceeds the fee actually payable under subregulation (1), the amount overpaid must be refunded to the party.

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