{"id":"tas:sr-2018-013","name":"Magistrates Court (Civil Division) (Fees) Regulations 2018","slug":"magistrates-court-civil-division-fees-regulations-2018","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"13 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":184881,"registerId":"tas-tas:sr-2018-013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Magistrates Court (Civil Division) (Fees) Regulations 2018](/view/html/inforce/2026-04-12/sr-2018-013) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Scale of fees","content":"### 3 Scale of fees\n\n> > (1)  The scale of fees specified in [Schedule 1](#JS1@EN) is prescribed for the purposes of the [Magistrates Court (Civil Division) Act 1992](/view/html/inforce/2026-04-12/act-1992-027) .\n> \n> > (2)  For the avoidance of doubt, the fee specified in item 4 of [Schedule 1](#JS1@EN) does not regulate the amount a bailiff may charge a judgment creditor.","sortOrder":2},{"sectionNumber":"SCHEDULE 1 - Scale of fees","sectionType":"part","heading":"SCHEDULE 1 - Scale of fees","content":"# SCHEDULE 1 - Scale of fees SCHEDULE 1 - Scale of fees\n\n[Regulation 3](#GS3@EN)\n\n|  |  | Amount(Fee units) |\n| 1. | Claim fee – |  |\n|  | (a) where the claim is for a sum of money where the amount claimed in the action does not exceed $5 000 | 70 |\n|  | (b) where the claim is for a sum of money where the amount claimed in the action exceeds $5 000 | 140 |\n|  | (c) where the claim is for relief under the Residential Tenancy Act 1997 | 35 |\n|  | (d) for any other claim | 140 |\n| 2. | Counterclaim fee | 70 |\n| 3. | Interlocutory application fee | 25 |\n| 4. | Enforcement process fee | 25 |\n| 5. | Bailiff's fee, payable by judgment debtor, on execution on that debtor of any enforcement process | 105 |\n| 6. | Fee on taxation of bill of costs | 55 |\n| 7. | Transcript fee | 2 (per page) |\n| 8. | Inspection fee for inspection of records or other documents held in registry | 10 |\n| 9. | Fee for copy of records or other documents | 5 |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 27 March 2018","sortOrder":3}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: prescribing court fees for civil proceedings in the Magistrates Court. The scope has not expanded beyond this administrative function."},"complexity_factors":["Extremely short: 3 operative provisions plus a 9-item schedule","Only 1 defined term used ('fee units'—a standard Tasmanian legislative mechanism for indexing amounts to inflation, avoiding the need to amend regulations annually)","No cross-references to other legislation except the parent Act and the standard Rules Publication Act citation","Simple tabular structure for fees with clear categorical breakdowns","Single clarificatory provision (subregulation 3(2)) addressing a narrow interpretive doubt about bailiff charges"],"plain_english_summary":"This is a Tasmanian regulation that sets out the fees people must pay when using the Magistrates Court (Civil Division) for non-criminal disputes. It covers costs for starting a lawsuit (claim fees), responding to one (counterclaim fees), asking the court to make interim decisions (interlocutory applications), enforcing judgments, and accessing court records.\n\n**Key fees include:**\n- **Starting a claim:** 70 fee units for small claims under $5,000; 140 fee units for larger money claims or non-money claims; only 35 fee units for residential tenancy disputes\n- **Making a counterclaim:** 70 fee units\n- **Enforcing a judgment:** 25 fee units for the process, plus 105 fee units payable by the debtor if a bailiff gets involved\n- **Accessing court services:** 25 fee units for interim applications, 55 for having legal costs assessed, 10 for inspecting files, 5 per document for copies, and 2 per page for transcripts\n\n**Who it affects:** Anyone using Tasmania's Magistrates Court for civil matters—individuals, businesses, landlords, tenants, and judgment creditors seeking to enforce debts.\n\n**Why it matters:** Court fees create a barrier to accessing justice. The lower fee for tenancy disputes (35 units vs 70-140) recognises that tenants often have limited means. The regulation also clarifies that while it sets a bailiff's fee for debtors (item 5), it doesn't limit what bailiffs can charge creditors separately—creditors must negotiate those costs themselves."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the regulation appears to serve its straightforward original purpose: prescribing court fees for the civil division of the Tasmanian Magistrates Court. There is no indication of scope creep or expansion beyond that narrow administrative function."},"complexity_factors":["Fees regulations are typically straightforward administrative instruments with limited interpretive complexity","The actual substantive content (fee schedule) was not included in the provided text, limiting full analysis","Applies only within Tasmania, limiting jurisdictional cross-referencing issues","Subordinate legislation (a regulation) rather than a primary Act, meaning it operates within a pre-existing framework set by the Magistrates Court Act"],"plain_english_summary":"This regulation sets the filing and other administrative fees required to use the civil side of Tasmania’s Magistrates Court. It affects litigants, their lawyers, and businesses pursuing or defending civil claims in that court. Knowing the correct fee is essential to avoid delays or rejected filings. Note: the actual dollar amounts for each fee are not included here and must be checked in the full regulation."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations only prescribe the scale of fees under the Magistrates Court (Civil Division) Act 1992 (Reg 3(1)) and set administrative commencement (Reg 2). They do not alter the Court's jurisdiction or substantive law. They expressly clarify they do not regulate the amount a bailiff may charge a judgment creditor (Reg 3(2))."},"complexity_factors":["Narrow statutory function: prescribes a fixed fee schedule rather than substantive legal rules (Reg 3; Schedule 1).","Clear tabular structure listing discrete fee items and amounts (Schedule 1 items 1–9).","Explicit exception clarifying bailiff private charges are not regulated (Reg 3(2)) introduces an interface between statutory fees and private billing.","Commencement tied to Gazette notification, meaning administrative timing controls operation (Reg 2).","Authority dependency: fees operate under the Magistrates Court (Civil Division) Act 1992 (Reg 3(1)), so changes require regulatory amendment rather than court practice alone."],"plain_english_summary":"These regulations prescribe the fees payable in the Magistrates Court (Civil Division) by listing specific charges (claim, counterclaim, interlocutory, enforcement, bailiff, transcript, inspection and copy fees) in Schedule 1 (Reg 3; Schedule 1). They take effect when notified in the Gazette (Reg 2).\n\nThey affect court users: litigants pay claim and application fees; judgment debtors face a bailiff fee on execution (Schedule 1, item 5). The regulations do not set what a bailiff may charge a judgment creditor (Reg 3(2))."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-civil-division-fees-regulations-2018","history":"/api/acts/magistrates-court-civil-division-fees-regulations-2018/history","analysis":"/api/acts/magistrates-court-civil-division-fees-regulations-2018/analysis","conflicts":"/api/acts/magistrates-court-civil-division-fees-regulations-2018/conflicts","importantCases":"/api/acts/magistrates-court-civil-division-fees-regulations-2018/important-cases","documents":"/api/acts/magistrates-court-civil-division-fees-regulations-2018/documents"}}