New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 18

18 Fees

(1) The Governor may make regulations for or with respect to the following matters--

(a) the fees payable to a court in relation to the conduct of civil proceedings in the court, including fees for the following--

(i) the filing or registration of any document in the court,

(ii) the allocation of hearing dates,

(iii) the conduct of hearings,

(iv) the retention of juries,

(v) the sealing or other authentication of any document that has been filed in the court,

(vi) the issue of any document out of the court,

(b) the fees payable in relation to proceedings referred to mediation under Part 4,

(c) the fees payable in relation to proceedings referred to arbitration under Part 5,

(d) the fees payable in relation to the examination of a judgment debtor by a registrar or other officer of the court under Part 8,

(e) the fees payable in relation to the functions of the following persons, whether under this Act or otherwise, including attempts to exercise the functions--

(i) the Sheriff,

(ii) the Marshal in Admiralty in relation to civil proceedings in the Admiralty List in the Equity Division of the Supreme Court,

(f) the fees payable for the following services, including attempts to provide services, whether in connection with the administration of this Act or otherwise--

(i) administrative services provided by a registrar or other officer of the court,

(ii) other services provided in connection with civil proceedings,

(g) the payment of fees under this Act, including--

(i) the waiver, postponement or remission, in part or in whole, of the fees, and

(ii) the persons to whom the fees are payable, and

(iii) the time at which the fees become due, and

(iv) the persons liable to pay the fees.

(1A) A regulation made under subsection (1)(g)(i) may authorise a registrar of a court or the Sheriff to--

(a) waive, postpone or remit fees payable to the court or the Sheriff, as relevant, and

(b) impose conditions on the waiver, postponement or remission of the fees.

(1B) A reference in subsection (1A) to a registrar is, in relation to the Supreme Court, a reference to--

(a) the Principal Registrar of the Court, or

(b) another registrar of the Court nominated by the Principal Registrar.

(2) Fees of the kind referred to in subsection (1) (a) or (d) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any civil proceedings to which any of the following persons or bodies is a party--

(a) the Crown,

(b) any Minister of the Crown,

(c) any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.

(3) Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.

(4) Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.