New South Wales Consolidated Regulations

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LEGAL PROFESSION UNIFORM LAW APPLICATION REGULATION 2015 - SCHEDULE 1

SCHEDULE 1 – Costs for recovery of certain debts and enforcement of certain judgments

(Clause 24)

Part 1 - Supreme Court

No Item Amount
1 Preparation of process
Costs of taking instructions, preparing documents and filing statement of claim including drawing/typing/checking of originating process and cheque to pay account of process server:
(a) for recovery of lump sum debt $1,099
(b) for recovery of possession of land $1,382
2 Service of additional defendants etc
Costs of service:
(a) for each additional defendant $64
(b) in proceedings for the recovery of land where one or more occupiers must be served with notice of proceedings, for each different address at which a notice is served $108
3 Substituted service
Costs of substituted service including drawing/typing/checking of affidavit, notice of motion and cheque to pay account of process server $624
4 Service interstate or overseas
Costs of service in another jurisdiction:
(a) within Australia--including obtaining leave to proceed and drawing/typing/checking notice of motion $240
(b) outside Australia in a country where English is the official language--including drawing/typing/checking of request for service and notice to defendant to be served $164
(c) outside Australia in a country where English is not the official language--including drawing/typing/checking of request for special service and notice to defendant to be served $741
5 Default judgment
Costs on applying for default judgment including all matters listed in item 1 of this Part plus drawing/typing/checking of affidavit of service, notice of motion and affidavit in support:
(a) for recovery of lump sum debt $1,596
(b) for recovery of possession of land $2,105
6 Foreign judgments
Costs on obtaining certificate of judgment under section 15 of the Foreign Judgments Act 1991 of the Commonwealth, including drawing/typing/checking of summons, minute of judgment, certificate under that section and affidavit of facts:
(a) if a solicitor is required to attend the court to settle judgment $881
(b) if a solicitor is not so required $616
7 Writ of execution
Costs of taking instructions, preparing documents and filing notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff $679

Part 2 - District Court

No Item Amount
1 Preparation of process
Costs of taking instructions, preparing documents and filing statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server $822
2 Service of additional defendants
Costs of service--for each additional defendant $64
3 Substituted service
Costs of substituted service including drawing/typing/checking of affidavit, notice of motion and cheque to pay account of process server $591
4 Default judgment--liquidated claim, claim for possession of land or claim for detention of goods
Costs on applying for default judgment for recovery of lump sum debt, claim for possession of land or claim for detention of goods, including all matters listed in item 1 of this Part plus drawing/typing/checking affidavit of service, notice of motion and affidavit in support $1,225
5 Default judgment--unliquidated claim
Costs on obtaining judgment in undefended proceedings including all matters listed in items 1 and 4 of this Part $1,711
6 Order for examination
Costs of issuing an examination notice and obtaining an order for examination, including drawing/typing/checking of notice of motion and cheque to pay account of process server $647
7 Failed examination of judgment debtor
Costs on attending examination of judgment debtor where the judgment debtor fails, without reasonable excuse:(a) to attend the examination, or(b) to produce documents at the examination as required under the order for examination $278
8 Arrest of judgment debtor
Costs on issue of warrant for arrest of judgment debtor including drawing/typing/checking of notice of motion for issue of warrant $278
9 Writ of execution
Costs of taking instructions, preparing documents and filing notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff $498

Part 3 - Local Court

No Item Amount
1 Preparation of process
Costs of taking instructions, preparing documents and filing statement of claim for recovery of lump sum debt including drawing/typing/checking of originating process and cheque to pay account of process server $630
2 Default judgment--liquidated claim or claim for detention of goods
Costs on applying for default judgment for recovery of lump sum debt or claim for detention of goods, including all matters listed in item 1 of this Part plus drawing/typing/checking affidavit of service, notice of motion and affidavit in support $912
3 Default judgment--unliquidated claim
Costs on obtaining judgment in undefended proceedings including all matters listed in items 1 and 2 of this Part $1,574
4 Conditions applicable to items 1-3
Items 1, 2 and 3 are alternatives, and only one of them is applicable in respect of any matter. If, in respect of any of those items, the amount at issue in the proceedings:(a) does not exceed $1,000--the costs are 40% of the amount specified for that item, or(b) exceeds $1,000 but does not exceed $5,000--the costs are 60% of the amount specified for that item, or(c) exceeds $5,000 but does not exceed $20,000--the costs are 80% of the amount specified for that item, or(d) exceeds $20,000--the costs are the full amount specified for that item
5 Order for examination
Costs of issuing an examination notice and obtaining an order for examination, including drawing/typing/checking of notice of motion and cheque to pay account of process server $374
6 Examination of judgment debtor
Costs on examination of judgment debtor by solicitor $273
7 Failed examination of judgment debtor
Costs on attending examination of judgment debtor where the judgment debtor fails, without reasonable excuse:(a) to attend the examination, or(b) to produce documents at the examination as required under the order for examination. $199
8 Arrest of judgment debtor
Costs on issue of warrant for arrest of judgment debtor including drawing/typing/checking of notice of motion for issue of warrant $199
9 Writ of execution
Costs of taking instructions, preparing documents and filing notice of motion for writ of execution (whether or not the matter was contested) including drawing/typing/checking of notice of motion, affidavit and cheque for payment of proceeds to plaintiff $253



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