Payment of setting down fee
11 Payment of setting down fee
Subject to any order of the court, an applicable setting down fee in relation to any proceeding is payable by the party seeking the hearing, being—
the party which commenced the proceeding; or
if the party seeking the hearing is not the party referred to in paragraph (a), that other party.
Example
If a proceeding is set down for trial and the only remaining issues to be tried are those brought by counterclaim by the defendant, the defendant is the party seeking the hearing and not the plaintiff who commenced the proceeding.
A setting down fee is payable—
no later than 6 weeks prior to the date fixed for the hearing to commence; or
if, at the time the date is fixed for hearing there is less than 6 weeks until the date fixed, the day after the matter is set down for hearing.
A setting down fee is payable only once in relation to a trial regardless of whether the date for hearing is later adjourned, vacated and relisted or the trial is heard in parts at different times.
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