Payment of hearing fees
12 Payment of hearing fees
Subject to any order of the court and subregulation (2), an applicable hearing fee in relation to any proceeding is payable by the party seeking the hearing, being—
the party which commenced the proceeding; or
the party which made the interlocutory application; or
if the party seeking the hearing is not the party referred to in paragraph (a) or (b), that other party.
Example
A defendant files an application for summary judgment and that application proceeds to a second day of hearing: the second day hearing fee is payable by the defendant.
A hearing fee is not payable if the sole purpose of the hearing is the delivery of a reserved judgment.
An applicable first trial day hearing fee is payable—
no later than 5 days prior to the date set down for hearing; or
if at the time the date is fixed for hearing there are less than 5 days until the date fixed, the day after the matter is set down for hearing.
An applicable hearing fee, other than the first trial day hearing fee, is payable no later than the day before the hearing day to which it relates.
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