Supreme Court (Fees) Rules 2017

Supreme Court (Fees) Rules 2017

14 December 2017

We, the Honourable Alan Michael Blow, OAM, Chief Justice, and the Honourable Helen Marie Wood, the Honourable Stephen Peter Estcourt, the Honourable Robert William Pearce, the Honourable Michael Joseph Brett and the Honourable Gregory Peter Geason, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932.

These Rules of Court may be cited as the Supreme Court (Fees) Rules 2017.

These Rules of Court take effect on the day on which their making is notified in the Gazette.

In these Rules of Court –

Act means the Supreme Court Civil Procedure Act 1932;

large corporation means a corporation or business that – has an annual gross income of $5 million or more; or is a public company within the meaning of the Corporations Act;

medium corporation means a corporation or business that – has an annual gross income of $1 million or more but less than $5 million; and is not a public company within the meaning of the Corporations Act;

small corporation means a corporation or business that – has an annual gross income of less than $1 million; and is not a public company within the meaning of the Corporations Act;

writ of execution has the same meaning as in rule 894 of the Supreme Court Rules 2000.

In this rule – not-for-profit association means a society, club, institution or body that is not formed for the purpose of trading or securing (from its transactions) pecuniary profit for its members.

In these Rules of Court, a corporation includes the following bodies:a company; a body corporate; an unincorporated body that, under the law of the place where the body is formed, may – sue or be sued; or hold property in the name of the secretary of the body or an office holder of the body appointed for that purpose; a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; a trade union.

In these Rules of Court, a corporation does not include the following bodies:a corporation sole; an unincorporated not-for-profit association.

A corporation is not required to be subject to the Corporations Act 2001 of the Commonwealth to be a corporation for these Rules of Court.

The following authorities are exempt from paying fees under these Rules of Court:

a body or authority of a State or Territory or of the Commonwealth;

a person representing a body or authority of a State or Territory or of the Commonwealth;

a Minister for a State or Territory or for the Commonwealth;

a statutory office holder.

Subject to these Rules of Court, the fees and percentages set out in Schedule 1 are prescribed as the fees and percentages that are payable under the Act in respect of the cause or matter to which they relate, regardless of the registry of the Court in which the cause or matter was commenced.

For the calculation of fees and percentages in Part 1 of Schedule 1, an originating process in respect of a cause or matter includes all other proceedings in respect of that cause or matter.

A person seeking to pay the fee or percentage applicable to a small corporation or a medium corporation in relation to a cause or matter must provide to the Registrar a certificate, in a form approved by the Registrar, specifying the annual gross income of the corporation to which the cause or matter relates.

Any question arising as to the application of an item in Schedule 1 in a particular case is to be determined by the Registrar.

A person aggrieved by a determination under subrule (2) may have the determination reviewed by a judge in a summary manner.

The Registrar may –

reduce or waive a fee or percentage payable by a person under the Act; or allow time for a person to pay a fee or percentage –

if it appears to the Registrar that the payment of the full fee or percentage would result in undue hardship to the person due to the exceptional circumstances of the particular cause or matter to which the fee or percentage pertains.

In an action in which the only claims endorsed on the writ –

are for the recovery of – a sum of money, whether by way of debt, liquidated demand or unliquidated damages; or land; or a chattel; or any 2 or more of the claims set out in subparagraphs (i), (ii) and (iii); and involve a total sum of money and value of property not exceeding $50 000 –

any fees and percentages payable in respect of the action are to be reduced to one-half of those specified in Schedule 1.