1Citation
These regulations may be cited as the District Court (Fees) Regulations 2002.
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Bill homepageThese regulations may be cited as the District Court (Fees) Regulations 2002.
These regulations come into operation on 1 January 2002.
In these regulations unless the contrary intention appears —
corporation has the same meaning as it has in the Corporations Act 2001 of the Commonwealth;
eligible entity means an entity referred to in regulation 7(3);
eligible entity fee, in relation to a matter specified in an item in Schedule 1, means the fee shown in column A for that item;
eligible individual means an individual referred to in regulation 7(2);
eligible individual fee, in relation to a matter specified in an item in Schedule 1, means the fee, if any, shown in column C for that item;
entity does not include an individual;
individual does not include a public officer of the Commonwealth, of this State or any other State, or of any Territory acting in the course of his or her duties as such an officer;
metropolitan region has the meaning given in the Planning and Development Act 2005 section 4(1);
non‑profit association means a society, club, institution, or body that is not for the purpose of trading or securing pecuniary profit for its members from its transactions;
person means an individual or an entity;
Rules means the District Court Rules 1996 1 or the rules applicable to the District Court under section 87 of the Act;
small business means —
[(a) deleted]
a business undertaking that is wholly owned and operated by an individual or individuals in partnership and has less than 20 full‑time equivalent employees or partners;
a corporation that has less than 20 full‑time equivalent employees and that is not a subsidiary of a corporation that has 20 or more full‑time equivalent employees;
a co‑operative as defined in the Co‑operatives Act 2009 that has less than 20 full‑time equivalent employees and that is not a subsidiary of another co‑operative or corporation that has 20 or more full‑time equivalent employees;
a corporation within the meaning of the Statutory Corporations (Liability of Directors) Act 1996 that has less than 20 full‑time equivalent employees and that is not a body that would be a subsidiary, if the corporation were a corporation to which the Corporations Act 2001 of the Commonwealth applies, of a corporation within the meaning of the Corporations Act 2001 of the Commonwealth or the Statutory Corporations (Liability of Directors) Act 1996 that has 20 or more full‑time equivalent employees;
subsidiary has the same meaning as it has in the Corporations Act 2001 of the Commonwealth.
[Regulation 3 amended: Gazette 30 Dec 2003 p. 5702; 14 Jun 2016 p. 1879‑80; SL 2023/120 r. 14.]
Subject to the provisions of these regulations, the fees specified in Schedules 1 and 2 are to be charged in respect of the matters referred to in section 89A of the Act in relation to which they are applicable.
In relation to a matter specified in an item in Schedule 1 —
the fee payable by an individual who is not an eligible individual is the fee shown in column A for that item; or
the fee payable by an eligible individual is the eligible individual fee for that item; or
the fee payable by an entity that is not an eligible entity is the fee shown in column B for that item; or
the fee payable by an eligible entity is the eligible entity fee for that item.
A note to an item in Schedule 1 or 2 has effect according to its tenor as if it were a provision of these regulations.
Except as provided in Schedule 1, a fee must not be charged in respect of any of the following —
filing an affidavit;
filing a pleading;
search by a party;
sealing a copy of a document;
drawing up, settling or signing a judgment, order, or decree;
amending a pleading;
making a request under the Rules;
filing, depositing, giving, issuing, or serving any other document required or permitted by the Rules to be filed, deposited, given, issued, or served in connection with proceedings in the District Court.
No fee is to be charged in respect of any attendance in chambers if the attendance is required by an order of the District Court made on its own motion.
[(6)-(12) deleted]
[Regulation 4 amended: Gazette 30 Dec 2003 p. 5702‑3; 28 Apr 2005 p. 1751; 14 Jun 2016 p. 1880.]
An entity that is a small business or a non‑profit association may lodge a declaration in the form of Schedule 3 Form 1.
On the lodgment of a declaration the entity is to be charged fees as if it were an eligible entity.
Subregulation (2) does not apply to fees payable by joint parties unless each party is a small business or non‑profit association.
An entity that has lodged a declaration under subregulation (1) must immediately advise the Principal Registrar if the entity ceases to be a small business or non‑profit association as the case requires.
Penalty for this subregulation: a fine of $1 000.
If an entity is charged a fee under subregulation (2) when the entity was not a small business or a non‑profit association, the Court may —
order that the entity pay the difference between the amount of the fee the entity paid and the amount of the fee that would otherwise have been payable by the entity; and
make orders to enforce the order for the payment.
An order under subregulation (5)(b) may include orders relating to the future conduct of the proceedings to which the fees relate or the effect of anything that has been done in respect of the proceedings until the sum ordered to be paid has been paid.
[Regulation 4A inserted: Gazette 14 Jun 2016 p. 1881‑2.]
The provisions of these regulations apply to all proceedings in the District Court in any jurisdiction conferred on the Court or a judge other than —
criminal proceedings; or
proceedings under the Civil Judgments Enforcement Act 2004; or
an application under the Prohibited Behaviour Orders Act 2010 for a prohibited behaviour order or to vary or cancel a prohibited behaviour order; or
civil proceedings under the Criminal Law (Mental Impairment) Act 2023.
A person is not required to pay a fee in respect of a matter if —
a written law provides that the person is not required to pay a fee in respect of a matter of that type; or
the person has not reached 18 years of age on the day the fee would otherwise be payable.
[Regulation 5 amended: Gazette 28 Apr 2005 p. 1751; 27 Mar 2012 p. 1506; 14 Jun 2016 p. 1882; SL 2024/174 r. 6.]
An application for a determination under section 89A(3) of the Act is to be in the form of Schedule 3 Form 3.
Despite the provisions of these regulations, a fee is not to be charged in respect of an application referred to in subregulation (1).
[Regulation 5A inserted: Gazette 28 Apr 2005 p. 1751‑2.]
Subject to the provisions of these regulations —
a pleading, application, or other document must not be filed, issued, or otherwise dealt with; and
no other matter or thing is to be done in the District Court or by an officer of the Court,
unless the fee (if any) payable upon or in respect of filing, sealing, issuing, or otherwise dealing with that pleading, application, or other document or upon or in respect of the doing of that matter or thing, has been paid.
The Court or a registrar may direct that the payment of the whole or a part of a fee or fees be deferred —
to a time specified by the Court or registrar; and
on any conditions specified by the Court or registrar.
A person may apply for the Court or a registrar to make a direction under subregulation (2).
An application under subregulation (3) must be made at or before the time the fee becomes payable.
An application under subregulation (3) must be in a form approved by the Chief Judge.
Despite anything else in these regulations, a fee must not be charged in respect of an application under subregulation (3).
[Regulation 6 amended: Gazette 14 Jun 2016 p. 1882‑3; SL 2023/120 r. 15; SL 2024/261 r. 4; SL 2026/84 r. 4; SL 2026/201 r. 4.]
In this regulation —
Centrelink means the Commonwealth agency known as Centrelink.
An eligible individual is —
an individual who holds one or more of the following cards issued by Centrelink —
a health care card;
a health benefit card;
a pensioner concession card;
a Commonwealth seniors health card;
or
an individual who holds any other card issued by Centrelink or the Department of Veterans’ Affairs of the Commonwealth that certifies entitlement to Commonwealth health concessions; or
an individual who is in receipt of a youth training allowance, or an AUSTUDY allowance, as defined in the Social Security Act 1991 (Commonwealth) section 23(1); or
an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or
an individual who has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
an individual who the Court or a registrar has directed is an eligible individual under regulation 8A(1).
An eligible entity is —
an entity that has been granted legal aid under the Legal Aid Commission Act 1976 or a legal aid scheme or service established under a Commonwealth, State or Territory law in respect of the proceedings in relation to which a fee would otherwise be payable; or
an entity that the Court or a registrar has directed is an eligible entity under regulation 8A(2).
[Regulation 7 inserted: Gazette 14 Jun 2016 p. 1883‑4; amended: Gazette 20 Jul 2018 p. 2624‑5.]
A person may apply for —
a direction under regulation 8A(1) that, in respect of a matter referred to in Schedule 1, the person is an eligible individual described in regulation 7(2)(f); or
a direction under regulation 8A(2) that, in respect of a matter referred to in Schedule 1, the person is an eligible entity described in regulation 7(3)(b).
Except with the leave of the Court or a registrar, an application cannot be made later than 28 days after the day on which the fee for the item or the matter in respect of which the applicant is seeking to pay the eligible individual fee or eligible entity fee (as is relevant) —
becomes payable; or
is paid.
The Court or a registrar may give leave under subregulation (1A) only if satisfied that exceptional circumstances justify the leave being given.
An application must be in a form approved by the Chief Judge and must specify —
for an individual — the item or the matter in respect of which the individual is seeking to pay the eligible individual fee; or
for an entity — the item or the matter in respect of which the entity is seeking to pay the eligible entity fee.
Despite anything else in these regulations, a fee is not to be charged in respect of an application under subregulation (1).
[Regulation 8 inserted: Gazette 14 Jun 2016 p. 1884‑5; amended: Gazette 20 Jul 2018 p. 2625; SL 2026/84 r. 5; SL 2026/201 r. 5.]
On an application under regulation 8(1)(a) the Court or a registrar may direct that a person is an eligible individual described in regulation 7(2)(f) if satisfied that the person should be required to pay only an eligible individual fee in respect of the matter for either, or both, of the following reasons —
financial hardship;
the interests of justice.
On an application under regulation 8(1)(b) the Court or a registrar may direct that a person is an eligible entity described in regulation 7(3)(b) if satisfied that the person should be required to pay only an eligible entity fee in respect of the matter for either, or both, of the following reasons —
financial hardship;
the interests of justice.
A judge or a registrar may, before an application is determined, direct the applicant to provide to the judge, the registrar or the Court further information relating to the application.
A direction to provide further information —
may be made in writing or orally; and
may require that the information is provided either in writing or orally.
[Regulation 8A inserted: Gazette 14 Jun 2016 p. 1885‑6; amended: Gazette 20 Jul 2018 p. 2625.]
A person who makes a statement or representation in a declaration or application made under these regulations or provides further information in relation to a declaration or application, that the person knows or has reason to believe is false or misleading in a material particular commits an offence.
Penalty for this subregulation: a fine of $1 000.
The Court or a registrar may make an order that the declaration lodged by a person under regulation 4A(1) is invalid if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).
The Court or a registrar may revoke a direction made under regulation 8A(1) or (2) if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).
If a declaration is declared invalid under subregulation (2) or a direction is revoked under subregulation (3), the Court may —
order that the person in respect of whom the declaration or direction was made pay the difference between the fee the person paid and the fee that would otherwise be payable by the person; and
make an order to enforce the order for the payment.
An order under subregulation (4)(b) may include orders relating to the future conduct of the proceedings to which the fees relate or the effect of anything that has been done in respect of the proceedings until the sum ordered to be paid has been paid.
[Regulation 8B inserted: Gazette 14 Jun 2016 p. 1886‑7.]
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