{"id":"magistrates-court-fees-regulations-2005","name":"Magistrates Court (Fees) Regulations 2005","slug":"magistrates-court-fees-regulations-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178892,"registerId":"wa-magistrates-court-fees-regulations-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates Court (Fees) Regulations 2005","content":"![Crest]()Western Australia\n\nMagistrates Court Act 2004\n\nMagistrates Court (Fees) Regulations 2005\n\nWestern Australia\n\nMagistrates Court (Fees) Regulations 2005\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. General fees 3\n\n5A. Fees for small businesses and non‑profit associations 4\n\n5. Exemptions 5\n\n6. Certain fees subject to conditions 6\n\n6A. Certain application and transcript fees must be waived 7\n\n6B. Certain application fees may be waived 8\n\n7. Fees to be paid before documents etc. filed 8\n\n8. Who is an eligible individual or eligible entity 9\n\n9A. Application to be recognised as eligible individual or eligible entity 10\n\n9B. Recognition as eligible individual or eligible entity 11\n\n9C. False or misleading statements 12\n\n9D. Refunds 13\n\n10. Fee for allocation of hearing dates etc. (Sch. 1 Div. 2 it. 5), when to be paid 13\n\n11. Half daily hearing fee (Sch. 1 Div. 2 it. 6) 13\n\n12. Court information, fees for 14\n\n13. Disputes as to fees, determination of 14\n\n14. Unpaid fees, recovery of 14\n\n15. Transitional provisions 15\n\nSchedule 1 — Fees\n\nDivision 1 — General\n\nDivision 2 — Civil jurisdiction\n\nDivision 3 — Criminal jurisdiction\n\nSchedule 2 — Forms\n\n1. Declaration that a person is a small business or a non‑profit association 32\n\n3. Application for determination of dispute about fees 34\n\nNotes\n\nCompilation table 35\n\nOther notes 39\n\nDefined terms\n\n  \n\nMagistrates Court Act 2004\n\nMagistrates Court (Fees) Regulations 2005\n\n##### 1. Citation\n\nThese regulations are the *Magistrates Court (Fees) Regulations 2005*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which the *Magistrates Court Act 2004* comes into operation or on the day of their publication in the *Gazette*, whichever is the later.\n\n##### 3. Terms used\n\nIn these regulations unless the contrary intention appears —\n\n  case statement has the meaning given to that term in the *Magistrates Court (Civil Proceedings) Act 2004* section 3(1);\n\n  claim has the meaning given to that term in the *Magistrates Court (Civil Proceedings) Act 2004* section 3(1);\n\n  claimant means a person who commences a case as defined in the *Magistrates Court (Civil Proceedings) Act 2004* section 3(1);\n\ncorporation has the meaning given by section 57A of the *Corporations Act 2001* of the Commonwealth;\n\n  counterclaim has the meaning given to that term in the *Magistrates Court (Civil Proceedings) Act 2004* section 9(1);\n\neligible entity means an entity referred to in regulation 8(3);\n\neligible entity fee, in relation to a matter specified in an item in Schedule 1, means the fee shown in column A for that item;\n\neligible individual means an individual referred to in regulation 8(2);\n\neligible individual fee, in relation to a matter specified in an item in Schedule 1 means the fee shown in column C for that item;\n\n  enforcement officer has the meaning given to that term in the *Civil Judgments Enforcement Act 2004* section 3;\n\nentity does not include an individual;\n\n  Form, if followed by a number, means the form of that number in Schedule 2 completed in accordance with these regulations;\n\n  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;\n\nmetropolitan region has the meaning given in the *Planning and Development Act 2005* section 4(1);\n\n  minor cases procedure has the meaning given to that term in the *Magistrates Court (Civil Proceedings) Act 2004* section 3(1);\n\n  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;\n\n  party means a party to a case as defined in the *Magistrates Court (Civil Proceedings) Act 2004* section 3(1);\n\nperson means an individual or an entity;\n\n  prosecution notice has the meaning given to that term in the *Criminal Procedure Act 2004* section 3(1);\n\nsmall business means —\n\n(a) an individual or individuals in partnership who wholly own and operate a business undertaking that has less than 20 full‑time equivalent employees and partners;\n\n(b) 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;\n\n(c) 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;\n\n(d) 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;\n\nsubsidiary has the meaning given to that term in section 9 of the *Corporations Act 2001* of the Commonwealth.\n\n[Regulation 3 amended: Gazette 23 Jun 2006 p. 2178; 14 Jun 2016 p. 1909‑10; SL 2021/119 r. 4; SL 2022/114 r. 9; SL 2023/120 r. 27.]\n\n##### 4. General fees\n\n(1) Subject to the provisions of these regulations, the fees specified in Schedule 1 are to be charged in respect of the matters referred to in the Act section 42 in relation to which they are applicable.\n\n(2) In relation to a matter specified in an item in Schedule 1 Division 1 or Division 3 —\n\n(a) the fee payable by an individual who is not an eligible individual — is the fee shown in column A for that item; or\n\n(b) the fee payable by an eligible individual — is the eligible individual fee for that item; or\n\n(c) the fee payable by an entity that is not an eligible entity — is the fee shown in column B for that item; or\n\n(d) the fee payable by an eligible entity — is the eligible entity fee for that item.\n\n(3) A note to an item in Schedule 1 has effect according to its tenor as if it were a provision of these regulations.\n\n(4) Except as provided in Schedule 1 a fee must not be charged in respect of any of the following —\n\n(a) filing an affidavit;\n\n(b) filing a case statement;\n\n(c) search by a party;\n\n(d) sealing a copy of a document;\n\n(e) drawing up, settling or signing a judgment or order;\n\n(f) amending or supplementing a case statement;\n\n(g) making a request under the rules of court;\n\n(h) filing, depositing, giving, issuing or serving any other document required or permitted by the rules of court to be filed, deposited, given, issued or served in connection with proceedings in the Court.\n\n(5) No fee is to be charged in respect of any attendance in court if the attendance is required by an order of the Court made on its own motion.\n\n[(6)-(12) deleted]\n\n[Regulation 4 amended: Gazette 14 Jun 2016 p. 1910.]\n\n##### 5A. Fees for small businesses and non‑profit associations\n\n(1) An entity that is a small business or a non‑profit association may lodge a declaration in the form of Schedule 2 Form 1.\n\n(2) On the lodgment of a declaration the entity is to be charged fees as if it were an eligible entity.\n\n(3) Subregulation (2) does not apply to fees payable by joint parties unless each party is a small business or non‑profit association.\n\n(4) 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.\n\nPenalty for this subregulation: a fine of $1 000.\n\n(5) 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 —\n\n(a) order that the entity pay the difference between the amount of the fee the entity paid and the fee that would otherwise be payable by the entity; and\n\n(b) make orders to enforce the order for the payment.\n\n(6) An order under subregulation (5)(b) may include orders relating to the future conduct of the matter to which the fees relate or the effect of anything that has been done in respect of the matter until the sum ordered to be paid has been paid.\n\n[Regulation 5A inserted: Gazette 14 Jun 2016 p. 1911‑12.]\n\n##### 5. Exemptions\n\n(1) A fee is not to be charged in respect of —\n\n(a) an application under the *Restraining Orders Act 1997* for a family violence restraining order or violence restraining order or to vary or cancel a restraining order; or\n\n(b) an application under *Prohibited Behaviour Orders Act 2010* for a prohibited behaviour order or to vary or cancel a prohibited behaviour order; or\n\n(c) an application under the *Mandatory Testing (Infectious Diseases) Act 2014* for a disease test order or to vary or revoke a disease test order; or\n\n(d) civil proceedings under the *Criminal Law (Mental Impairment) Act 2023*, other than a fee referred to in Schedule 1 Division 1 item 8.\n\n(2) A person is not required to pay a fee in respect of a matter if —\n\n(a) a written law provides that the person is not required to pay a fee in respect of a matter of that type; or\n\n(b) the person has not reached 18 years of age on the day the fee would otherwise be payable.\n\n[Regulation 5 inserted: Gazette 27 Mar 2012 p. 1507; amended: Gazette 14 Jun 2016 p. 1912; 27 Jun 2017 p. 3435; SL 2021/119 r. 5; SL 2024/174 r. 8.]\n\n##### 6. Certain fees subject to conditions\n\n(1) This regulation applies to —\n\n(a) proceedings in the Court’s criminal jurisdiction; and\n\n(b) proceedings under the *Restraining Orders Act 1997*.\n\n(2) In this regulation —\n\n  respondent has the meaning given to that term in the *Restraining Orders Act 1997* section 3.\n\n(3) If —\n\n(a) proceedings are instituted or taken —\n\n(i) by a police officer; or\n\n(ii) by an officer of a department as defined in the *Public Sector Management Act 1994* section 3(1) on behalf of that department;\n\nor\n\n(b) a member of the State Solicitor’s Office acts or appears on behalf of a board or other body,\n\nthe appropriate prescribed fees are payable only upon conviction of and recovery from the accused or the making of a restraining order and recovery from the respondent.\n\n[(4) deleted]\n\n[Regulation 6 amended: SL 2021/119 r. 6; SL 2024/254 r. 7.]\n\n##### 6A. Certain application and transcript fees must be waived\n\n(1) In this regulation —\n\napplicant, in relation to an application for an FVRO or a VRO —\n\n(a) means the person who made the application; and\n\n(b) if the application was made on behalf of another person — includes that person;\n\nFVRO means a family violence restraining order made under the *Restraining Orders Act 1997*;\n\ninterim order means an FVRO or a VRO made under the *Restraining Orders Act 1997* section 29(1)(a), the duration of which is more than 72 hours;\n\nrespondent, in relation to an application for an FVRO or a VRO, has the meaning given in the *Restraining Orders Act 1997* section 3(1);\n\nVRO means a violence restraining order made under the *Restraining Orders Act 1997*.\n\n(2) Subregulation (3) applies in relation to an application for an FVRO or a VRO if —\n\n(a) no decision has been made on the application; or\n\n(b) the application was dismissed; or\n\n(c) an interim order was made and the order is still in force.\n\n(3) A registrar must waive the fee under Schedule 1 Division 1 item 7(a) for a copy of the application when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the application.\n\n(4) Subregulation (5) applies in relation to the hearing of an application for an FVRO or a VRO at which —\n\n(a) the application was dismissed; or\n\n(b) an interim order was made and the order —\n\n(i) is still in force; or\n\n(ii) has become a final order under the *Restraining Orders Act 1997* section 32(2).\n\n(5) A registrar must waive the fee under Schedule 1 Division 1 item 8(a) for a copy of the transcript of the hearing, or a part of the transcript, when requested by the applicant or the respondent if the applicant or respondent (as is relevant) has not previously obtained a copy of the transcript or part.\n\n[Regulation 6A inserted: SL 2024/254 r. 8.]\n\n##### 6B. Certain application fees may be waived\n\n(1) A registrar may waive the fee for an application under the *Criminal Procedure Act 2004* section 71(2)(a) or (b) for an order to set aside a decision if the registrar is satisfied that the reason for the failure to appear is a clerical error by the Court.\n\n(2) A registrar may waive the fee for an application under the *Magistrates Court (Civil Proceedings) Act 2004* section 19(3) to set aside a judgment given under the *Magistrates Court (Civil Proceedings) Act 2004* section 19(2)(b) if the registrar is satisfied that the reason for the failure to comply is a clerical error by the Court.\n\n[Regulation 6B inserted: SL 2022/145 r. 6.]\n\n##### 7. Fees to be paid before documents etc. filed\n\n(1) This regulation applies to proceedings in the Court’s civil jurisdiction.\n\n(2) Subject to the provisions of these regulations —\n\n(a) a claim, application or other document must not be filed, issued or otherwise dealt with; and\n\n(b) no other matter or thing is to be done in the Court or by an officer of the Court,\n\nunless the fee, if any, payable upon or in respect of filing, sealing, issuing or otherwise dealing with that claim, application or other document or upon or in respect of the doing of that matter or thing, has been paid.\n\n##### 8. Who is an eligible individual or eligible entity\n\n(1) In this regulation —\n\nCentrelink means the Commonwealth agency known as Centrelink.\n\n(2) An eligible individual is —\n\n(a) an individual who holds one or more of the following cards issued by Centrelink —\n\n(i) a health care card;\n\n(ii) a health benefit card;\n\n(iii) a pensioner concession card;\n\n(iv) a Commonwealth seniors health card;\n\nor\n\n(b) 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\n\n(c) 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\n\n(d) an individual who is in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or\n\n(e) 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\n\n(f) an individual who the Court or a registrar has directed is an eligible individual under regulation 9B(1).\n\n(3) An eligible entity is —\n\n(a) 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\n\n(b) an entity that the Court or a registrar has directed is an eligible entity under regulation 9B(2).\n\n[Regulation 8 inserted: Gazette 14 Jun 2016 p. 1912‑14; amended: Gazette 20 Jul 2018 p. 2626.]\n\n##### 9A. Application to be recognised as eligible individual or eligible entity\n\n(1) A person may apply for —\n\n(a) a direction under regulation 9B(1) that, in respect of a matter specified in Schedule 1, the person is an eligible individual described in regulation 8(2)(f); or\n\n(b) a direction under regulation 9B(2) that, in respect of a matter specified in Schedule 1, the person is an eligible entity described in regulation 8(3)(b).\n\n(2) An application is to be in a form approved by the Chief Magistrate and is to specify —\n\n(a) for an individual — the matter in respect of which the individual is seeking to pay the eligible individual fee; or\n\n(b) for an entity — the matter in respect of which the entity is seeking to pay the eligible entity fee.\n\n(3) Despite anything else in these regulations, a fee is not to be charged in respect of an application under subregulation (1).\n\n[Regulation 9A inserted: Gazette 14 Jun 2016 p. 1914; amended: Gazette 20 Jul 2018 p. 2626‑7.]\n\n##### 9B. Recognition as eligible individual or eligible entity\n\n(1) On an application under regulation 9A(1)(a) the Court or a registrar may direct that a person is an eligible individual described in regulation 8(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 —\n\n(a) financial hardship;\n\n(b) the interests of justice.\n\n(2) On an application under regulation 9A(1)(b) the Court or a registrar may direct that a person is an eligible entity described in regulation 8(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 —\n\n(a) financial hardship;\n\n(b) the interests of justice.\n\n(3) The Court or a registrar may, before an application is determined, direct the applicant to provide to the magistrate, the registrar or the Court further information relating to the application.\n\n(4) A direction to provide further information —\n\n(a) may be made in writing or orally; and\n\n(b) may require that the information is provided either in writing or orally.\n\n[Regulation 9B inserted: Gazette 14 Jun 2016 p. 1914‑15; amended: Gazette 20 Jul 2018 p. 2627.]\n\n##### 9C. False or misleading statements\n\n(1) 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.\n\nPenalty for this subregulation: a fine of $1 000.\n\n(2) The Court or a registrar may make an order that the declaration lodged by a person under regulation 5A(1) is invalid if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).\n\n(3) The Court or a registrar may revoke a direction made under regulation 9B(1) or (2) if satisfied, having given the person an opportunity to make a written submission, that the person has contravened subregulation (1).\n\n(4) If a declaration is declared invalid under subregulation (2) or a direction is revoked under subregulation (3), the Court may —\n\n(a) 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\n\n(b) make an order to enforce the order for the payment.\n\n(5) 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.\n\n[Regulation 9C inserted: Gazette 14 Jun 2016 p. 1916.]\n\n##### 9D. Refunds\n\n(1) A judicial officer or registrar presiding in a proceeding may order the refund of the difference between the amount of a fee paid by a person in respect of the proceeding and the amount of the fee that the person was entitled to be charged under these regulations in respect of the proceedings.\n\n(2) A registrar may refund to a person the amount of a fee, or part of a fee, paid by the person if the amount was paid in error.\n\n[Regulation 9D inserted: Gazette 14 Jun 2016 p. 1917.]\n\n[**9.** Deleted: Gazette 14 Jun 2016 p. 1912.]\n\n##### 10. Fee for allocation of hearing dates etc. (Sch. 1 Div. 2 it. 5), when to be paid\n\nThe fee referred to in Schedule 1 Division 2 item 5 or so much of it as has not been waived under regulation 6 must be paid immediately after the Court determines the number of days to be allocated for the hearing.\n\n[Regulation 10 amended: Gazette 20 Jul 2018 p. 2627.]\n\n##### 11. Half daily hearing fee (Sch. 1 Div. 2 it. 6)\n\nIf a fee is to be paid under Schedule 1 Division 2 item 6, the hearing is not to be reconvened until that fee has been paid or so much of it as has not been waived under regulation 6 has been paid.\n\n[Regulation 11 amended: Gazette 20 Jul 2018 p. 2627.]\n\n##### 12. Court information, fees for\n\nA person to whom information is provided under the *Magistrates Court (General) Rules 2005* rule 41A is liable to —\n\n(a) if the information is not provided by email — a fee in the amount referred to in Schedule 1 Division 1 item 5(a) for each case specified in the information;\n\n(b) if the information is provided by email — an annual fee in the amount referred to in Schedule 1 Division 1 item 5(b) for all information provided in the relevant year.\n\n[Regulation 12 inserted: Gazette 22 Aug 2008 p. 3670.]\n\n##### 13. Disputes as to fees, determination of\n\n(1) If a question arises as to the fee payable or applicable in a particular case, that question is to be determined by the Principal Registrar of the Court.\n\n(2) An application for a determination under subregulation (1) is to be in the form of Form 3.\n\n(3) Any person affected by the determination under subregulation (1) may have it reviewed by the Court in a summary manner.\n\n(4) Despite the provisions of these regulations, no fee is payable in relation to the determination of a question under subregulation (1) or a review under subregulation (3).\n\n##### 14. Unpaid fees, recovery of\n\nAny unpaid fee is a debt due to the State and may be recovered by action in a court of competent jurisdiction.\n\n##### 15. Transitional provisions\n\n(1) In this regulation —\n\n  commencement day means the day on which these regulations come into operation.\n\n(2) A fee is not to be charged under Schedule 1 Division 2 item 5 or 6 in respect of days allocated for a hearing if —\n\n(a) the case was part heard before the commencement day; or\n\n(b) the case is one for which hearing days had been allocated before the commencement day; or\n\n(c) dates for a hearing were allocated before the commencement day, the hearing did not proceed on those dates on a Local Court’s or the Court’s own motion, and the Court has allocated other hearing dates on or after the commencement day.\n\nSchedule 1 — Fees\n\n[r. 4 and 12]\n\n[Heading inserted: SL 2025/111 r. 21.]\n\nDivision 1 — General\n\n[Heading inserted: SL 2025/111 r. 21.]\n\n| **Item** | **Matter** | **Column A**<br>**Fee for individual or eligible entity   $** | **Column B**<br>**Fee for entity     $** | **Column C**<br>**Fee for eligible   individual    $** |\n| --- | --- | --- | --- | --- |\n| 1. | (a) For every order or conviction drawn up in the Court’s criminal jurisdiction | 26.10 | 26.10 | 7.85 |\n|  | (b) For issue of a duplicate document or order | 26.10 | 26.10 | 7.85 |\n| 2. | For the service of an application, summons, originating process, notice or order of the Court or other process requiring service | 114.50 | 114.50 | 114.50 |\n|  | Note for this item:<br>The fee is payable whether or not the service is successful and covers up to 3 attempts at service at the same address. | | | |\n| 3. | If it is necessary to travel to execute a warrant or other process, or on service of a summons, order of the Court, other process or document, or on making an arrest or for all attempts, attendances and inspections, from the enforcement officer’s office or nearest police station — |  |  |  |\n|  | (a) for each kilometre travelled (1 way) in the metropolitan region | 2.65 | 2.65 | 2.65 |\n|  | (b) for each kilometre travelled (1 way) outside the metropolitan region | 3.00 | 3.00 | 3.00 |\n|  | Note for this item:<br>If more than 1 process or document is executed or served by an enforcement officer at the same time on the same person, or on different persons at the same address, only 1 fee for kilometres travelled is chargeable. | | | |\n| 4. | (a) For searching a record or proceeding (other than a search by or on behalf of a party to the proceedings) in the Court’s civil jurisdiction | 66.50 | 66.50 | 19.95 |\n|  | (b) For listening to or viewing an electronic recording that requires supervision by an officer of the Court —<br>(i) a search fee | 66.50 | 66.50 | 19.95 |\n|  | (ii) in addition to the search fee, for each hour of the officer’s time | 161.50 | 161.50 | 48.40 |\n|  | Note for this item:<br>Paragraph (a) does not apply in relation to information provided under the *Magistrates Court (General) Rules 2005* rule 41A. | | | |\n| 5. | For provision of information under the *Magistrates Court (General) Rules 2005* rule 41A — |  |  |  |\n|  | (a) fee per case specified in the information | 2.95 | 2.95 | 0.90 |\n|  | (b) annual fee for information provided by email to approved recipient | 95 273.00 | 95 273.00 | 95 273.00 |\n|  | Note for this item:<br>The fee under paragraph (b) is payable on the date on which the recipient is approved by the Attorney General and on each anniversary of that date. | | | |\n| 6. | (a) On an application or summons for the production of records or documents that are required to be produced to a court, tribunal, arbitrator or umpire | 97.00 | 97.00 | 29.10 |\n|  | (b) If an officer is required to attend at a court or place out of the Court building where the officer is based | The officer’s reasonable expenses plus 139.00 for each hour the officer is necessarily absent from the officer’s office | The officer’s reasonable expenses plus 139.00 for each hour the officer is necessarily absent from the officer’s office | The officer’s reasonable expenses plus 41.70 for each hour the officer is necessarily absent from the officer’s office |\n| 7. | (a) For copies of documents or exhibits, for each page or part of a page | 2.75 | 2.75 | 0.85 |\n|  | (b) For a copy of reasons for judgment — |  |  |  |\n|  | (i) for each copy issued to a person who is not a party to the proceedings | 23.00 | 23.00 | 6.90 |\n|  | (ii) for each copy in excess of 1 copy issued to a party to the proceedings | 23.00 | 23.00 | 6.90 |\n|  | (iii) for each copy consisting of 10 or more pages, an additional fee per page | 2.95 | 2.95 | 0.90 |\n|  | (c) For certifying that a document is a true copy — an additional fee | 30.30 | 30.30 | 9.10 |\n|  | Note for this item:<br>The fee under paragraph (a) for a copy of an application is not payable if circumstances under regulation 6(4) exist. | | | |\n| 8. | (a) For the provision of a transcript, or part of a transcript — |  |  |  |\n|  | (i) provided within 1 day after the day on which the fee is paid | 30.50 plus   12.60 per page | 30.50 plus   25.20 per page | 9.15 plus    3.80 per page |\n|  | (ii) provided within 2 days after the day on which the fee is paid | 30.50 plus   11.55 per page | 30.50 plus   23.00 per page | 9.15 plus    3.45 per page |\n|  | (iii) provided within 4 days after the day on which the fee is paid | 30.50 plus   10.90 per page | 30.50 plus   22.00 per page | 9.15 plus    3.25 per page |\n|  | (iv) provided within 7 days after the day on which the fee is paid | 30.50 plus 10.55 per page | 30.50 plus   21.00 per page | 9.15 plus    3.15 per page |\n|  | (v) provided within 14 days after the day on which the fee is paid | 30.50 plus    8.90 per page | 30.50 plus   17.85 per page | 9.15 plus    2.65 per page |\n|  | (vi) provided on a running basis (i.e. periodically throughout or following the day of the proceedings) | 30.50 plus   13.35 per page | 30.50 plus   26.70 per page | 9.15 plus    4.00 per page |\n|  | (b) For the provision of a copy of a transcript, or part of a transcript, if the transcript or part has already been provided to the person requesting the copy — |  |  |  |\n|  | (i) electronic format, per copy | 31.90 | 31.90 | 9.55 |\n|  | (ii) paper copy, per page | 3.20 | 3.20 | 0.95 |\n|  | Note for this item:<br>Fees under this item are payable in the case of an indictable offence dealt with summarily. | | | |\n\n\n[Division 1 inserted: SL 2025/111 r. 21.]\n\nDivision 2 — Civil jurisdiction\n\n[Heading inserted: SL 2025/111 r. 21.]\n\n| **Item** | **Matter** | **Column A**<br>**Fee for individual or eligible entity   $** | **Column B**<br>**Fee for entity     $** | **Column C**<br>**Fee for eligible individual    $** |\n| --- | --- | --- | --- | --- |\n| 1. | On filing a claim or originating process to commence proceedings in the Court — |  |  |  |\n|  | (a) for a claim not exceeding $10 000 | 191.50 | 372.00 | 57.50 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 487.00 | 949.00 | 100.00 |\n|  | (c) for a claim exceeding $50 000 | 775.00 | 1 508.00 | 100.00 |\n|  | Note for this item:<br>The fee is not payable in respect of applications referred to in item 10 or 11. | | | |\n| 2. | On filing a counterclaim, a set‑off, a third party claim or other application for which no fee has been provided in this Division — |  |  |  |\n|  | (a) for a claim not exceeding $10 000 | 124.50 | 242.00 | 37.40 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 228.00 | 375.00 | 68.50 |\n|  | (c) for a claim exceeding $50 000 | 362.00 | 604.00 | 108.50 |\n| 3. | On commencing an appeal —<br>(a) for a claim not exceeding $10 000 | 64.00 | 164.50 | 19.20 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 95.50 | 251.00 | 28.60 |\n|  | (c) for a claim exceeding $50 000 | 128.00 | 337.00 | 38.40 |\n| 4. | Application for hearing — |  |  |  |\n|  | (a) for a claim not exceeding $10 000 | 301.00 | 588.00 | 90.50 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 551.00 | 1 063.00 | 100.00 |\n|  | (c) for a claim exceeding $50 000 | 612.00 | 1 188.00 | 100.00 |\n|  | Notes for this item:<br>1. The fee is not payable for applications for hearing matters dealt with under the minor cases procedure, residential tenancies proceedings, applications referred to in item 10 or 11 or for relisting a hearing, or if the proceedings are of an interlocutory nature only. | | | |\n|  | 2. No fee is payable in respect of listing an appeal for hearing. | | | |\n|  | 3. No fee is payable by the defendant for applications for hearing of a set‑off or counterclaim providing this fee has been paid previously by the applicant. | | | |\n|  | 4. Includes pre‑trial conference, mediation conference, directions hearing and listing conference. | | | |\n| 5. | For allocation of a date or dates of hearing of an application, appeal or proceedings, for each half day allocated — |  |  |  |\n|  | (a) for a claim not exceeding $10 000 | 174.00 | 457.00 | 52.00 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 308.00 | 795.00 | 92.50 |\n|  | (c) for a claim exceeding $50 000 | 440.00 | 1 133.00 | 100.00 |\n|  | Notes for this item:<br>1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings or applications referred to in item 10 or 11. | | | |\n|  | 2. No fee is payable if the proceedings are of an interlocutory nature only. | | | |\n|  | 3. The fee to be charged is to be determined on the basis that the days allocated for a hearing are the number of days determined by the Court at a listing conference. | | | |\n|  | 4. The fee is to be refunded or transferred to a new allocated date or dates if the Court or registrar is satisfied that an adjournment was due to circumstances beyond the control of the parties. Otherwise the fee is non‑refundable in respect of any allocated dates that are not required. | | | |\n|  | 5. If written advice of settlement or written notice of intended adjournment is received by the Court no later than 35 days before the date allocated for the commencement of the hearing of the proceedings, an amount equal to 75% of the fee is refundable. If written advice of settlement or written notice of intended adjournment is received by the Court no later than 21 days before the date allocated for the commencement of the hearing of the proceedings, an amount equal to 50% of the fee is refundable. | | | |\n| 6. | Half daily hearing fee before the Court constituted by a magistrate — |  |  |  |\n|  | (a) for a claim not exceeding $10 000 | 174.00 | 457.00 | 52.00 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 308.00 | 795.00 | 92.50 |\n|  | (c) for a claim exceeding $50 000 | 440.00 | 1 133.00 | 100.00 |\n|  | Notes for this item:<br>1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings or applications referred to in item 10 or 11. | | | |\n|  | 2. No fee is payable if the proceedings are of an interlocutory nature only. | | | |\n|  | 3. The fee to be charged is to be paid in respect of any number of hearing days or half days greater than the number of hearing days for which a fee has been paid under item 5. | | | |\n|  | 4. The daily fee becomes payable on a day‑to‑day basis and is payable prior to the daily reconvening of the hearing. | | | |\n| 7. | On filing of an interlocutory application or application for assessment of damages or summary judgment that requires hearing before a magistrate or registrar — |  |  |  |\n|  | (a) for a claim not exceeding $10 000 | 160.50 | 311.00 | 48.10 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 192.50 | 372.00 | 58.00 |\n|  | (c) for a claim exceeding $50 000 | 258.00 | 508.00 | 77.50 |\n|  | Notes for this item:<br>1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings or applications referred to in item 10 or 11. | | | |\n|  | 2. The fee is inclusive of the hearing of the application and includes an adjournment of the hearing. | | | |\n|  | 3. The fee is not payable for matters dealt with in the absence of a party. | | | |\n| 8. | On an appointment to assess a bill of costs — |  |  |  |\n|  | (a) for a claim not exceeding $10 000 | 160.50 plus 2.5% | 311.00 plus 2.5% | 48.10 |\n|  | (b) for a claim exceeding $10 000 but not exceeding $50 000 | 192.50 plus 2.5% | 372.00 plus 2.5% | 58.00 |\n|  | (c) for a claim exceeding $50 000 | 258.00 plus 2.5% | 508.00 plus 2.5% | 77.50 |\n|  | Notes for this item:<br>1. The fee is not payable for matters dealt with under the minor cases procedure, residential tenancies proceedings or applications referred to in item 10 or 11. | | | |\n|  | 2. The % rate is to be applied to the amount at which the bill is drawn. | | | |\n|  | 3. If the parties agree on the bill of costs and the appointment is cancelled, the following percentage of the fee paid is to be refunded —<br>(a) if the appointment is cancelled less than 3 days before the day of the appointment — nil;<br>(b) if the appointment is cancelled 3 days or more and less than 10 days before the day of the appointment — 50%;<br>(c) if the appointment is cancelled 10 days or more before the day of the appointment — 80%. | | | |\n| 9. | On the execution of an arrest warrant — |  |  |  |\n|  | (a) for arresting the person | 211.00 | 211.00 | 211.00 |\n|  | (b) for conveying the person to a court or a custodial place and releasing the person from arrest or custody | 209.00 | 209.00 | 209.00 |\n|  | (c) for each 30 minutes after 2 hours and 30 minutes that an enforcement officer is required to keep the person in custody until the person is conveyed to a court or a custodial place | 55.00 | 55.00 | 55.00 |\n|  | Notes for this item:<br>1. The fee under paragraph (a) is payable whether or not the Sheriff’s functions under the warrant are performed and includes up to 3 attempts to perform the functions at the same address. | | | |\n|  | 2. The fee under paragraph (a) includes the costs of —<br>(a) receiving and printing the warrant; and<br>(b) attendances and inquiries before attempting arrest; and<br>(c) giving any notice; and<br>(d) making any report. | | | |\n| 10. | For an application for an extraordinary licence under the *Road Traffic (Authorisation to Drive) Act 2008* section 27 | 255.00 | N/A | 76.50 |\n| 11. | On filing —<br>(a) an application for a misconduct restraining order under the *Restraining Orders Act 1997* | 190.50 | 190.50 | 57.00 |\n|  | (b) an application under the *Disposal of Uncollected Goods Act 1970* | 190.50 | 190.50 | 57.00 |\n|  | (c) an application under the *Fines, Penalties and Infringement Notices Enforcement Act 1994* section 101, 101AA or 101A | 190.50 | 190.50 | 57.00 |\n|  | (d) an application under the *Dividing Fences Act 1961* | 190.50 | 190.50 | 57.00 |\n|  | (e) an application under the *Pawnbrokers and Second‑hand Dealers Act 1994* | 190.50 | 190.50 | 57.00 |\n\n\n[Division 2 inserted: SL 2025/111 r. 21.]\n\nDivision 3 — Criminal jurisdiction\n\n[Heading inserted: SL 2025/111 r. 21.]\n\n| **Item** | **Matter** | **Column A**<br>**Fee for individual or eligible entity   $** | **Column B**<br>**Fee for entity     $** | **Column C**<br>**Fee for eligible   individual    $** |\n| --- | --- | --- | --- | --- |\n| 1. | On filing — |  |  |  |\n|  | (a) a prosecution notice | 160.50 | 160.50 | 48.10 |\n|  | (b) an application under the *Criminal Procedure Act 2004* section 71 | 160.50 | 160.50 | 48.10 |\n| 2. | For the issue of a summons or court hearing notice to an accused | 30.80 | 30.80 | 9.25 |\n| 3. | For a warrant — |  |  |  |\n|  | (a) issue of warrant | 160.50 | 160.50 | 48.10 |\n|  | (b) execution of warrant | 209.00 | 209.00 | 209.00 |\n\n\n[Division 3 inserted: SL 2025/111 r. 21.]\n\nSchedule 2 — Forms\n\n[r. 5A(1) and 13(2)]\n\n[Heading amended: Gazette 14 Jun 2016 p. 1933.]\n\n1. Declaration that a person is a small business or a non‑profit association\n\n- **Form 1*****Magistrates Court (Fees) Regulations 2005*****(Regulation 4)**\n- **Declaration that a person is a small business or a non‑profit association**\n- In the Magistrates Court of Western Australia No. of 2\n- **Applicant:** ........................................................................................Full name\n- ........................................................................................Address\n- ........................................................................................Name of small business/non‑profit association*\n- ........................................................................................Position held by applicant in the small business/non‑profit association*\n- I declare that the person in respect of which the application is made is a small business1 or a non‑profit association2 within the meaning of that term in the *Magistrates Court (Fees) Regulations 2005*.\n- **Signature of applicant:**\n- **Date:**\n- *Note: A person who makes a statement or representation in this application that the person knows or has reason to believe is false or misleading in a material particular commits an offence under the Magistrates Court (Fees) Regulations 2005 regulation 9C(1).*\n- *1 Under the Magistrates Court (Fees) Regulations 2005 regulation 3 a small business is —* *an individual or individuals in partnership who wholly own and operate a business undertaking that has less than 20 full‑time equivalent employees and partners;**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 and partners;**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 (Commonwealth) applies, of a corporation within the meaning of the Corporations Act 2001 (Commonwealth) or the Statutory Corporations (Liability of Directors) Act 1996 that has 20 or more full‑time equivalent employees;*\n- *2 Under the Magistrates Court (Fees) Regulations 2005 regulation 3 a non‑profit association is a society, club, institution, or body that is not for the purpose of trading or securing pecuniary profit for its members from its transactions.*\n\n\n[Form 1 amended: Gazette 14 Jun 2016 p. 1934.]\n\n[Form 2 deleted: Gazette 4 Sep 2015 p. 3695.]\n\n3. Application for determination of dispute about fees\n\n- **Form 3****Application for determination of dispute about fees**\n- In the Magistrates Court of Western Australia No. of 20\n- **Claimant/\nApplicant:** ................................................................................................\n- **Defendant:** ................................................................................................\n- **Application:** To the Principal Registrar for a determination under the *Magistrates Court (Fees) Regulations 2005* regulation 13(1) of a question regarding fees.\n- **Applicant:** ......................................................................................\nFull name\n- ......................................................................................\nAddress\n- ..........................................\nDate of birth ......................................MDL No.\n- **Disputed fee:** The disputed fee is for .............................................................................................................................................................................................................................\n- Payable under the *Magistrates Court (Fees) Regulations 2005* Schedule 1 Division 1/2/3* item …\n- I dispute — 🞏 that the fee is payable🞏 the amount of the fee🞏 other *[give details]* ................................................. ..........................................................................\n- I dispute the fee because .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................\n- **Signature of applicant:** ......................................................................................\n- **Date:** ........./ ......../20........\n- ** Strike out numbers that are not applicable.*\n\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Magistrates Court (Fees) Regulations 2005* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | | **Commencement** | |\n| --- | --- | --- | --- | --- |\n| *Magistrates Court (Fees) Regulations 2005* | 28 Apr 2005 p. 1573‑603 | | 1 May 2005 (see r. 2 and *Gazette* 31 Dec 2004 p. 7127) | |\n| *Magistrates Court (Fees) Amendment Regulations 2006* | 23 Jun 2006 p. 2178‑81 | | 1 Jul 2006 (see r. 2) | |\n| *Magistrates Court (Fees) Amendment Regulations 2007* | 26 Jun 2007 p. 3033‑5 | | r. 1 and 2: 26 Jun 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations 2008* | 16 May 2008 p. 1910‑11 | | r. 1 and 2: 16 May 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Sep 2008 (see r. 2(b) and *Gazette* 11 Jul 2008 p. 3253) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 2) 2008* | 27 Jun 2008 p. 3068‑70 | | r. 1 and 2: 27 Jun 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 3) 2008* | 22 Aug 2008 p. 3669‑70 | | r. 1 and 2: 22 Aug 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Sep 2008 (see r. 2(b) and *Gazette* 11 Jul 2008 p. 3253) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 4) 2008* | 23 Dec 2008 p. 5472‑3 | | r. 1 and 2: 23 Dec 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jan 2009 (see r. 2(b)) | |\n| **Reprint 1: The *Magistrates Court (Fees) Regulations 2005* as at 13 Feb 2009** (includes amendments listed above) | | | | |\n| *Magistrates Court (Fees) Amendment Regulations 2009* | 9 Jun 2009 p. 1924 | | r. 1 and 2: 9 Jun 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Jun 2009 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 2) 2009* | 4 Sep 2009 p. 3472-9 | | r. 1 and 2: 4 Sep 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 5 Sep 2009 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations 2010* | 30 Jul 2010 p. 3499-500 | | r. 1 and 2: 30 Jul 2010 (see r. 2(a));   Regulations other than r. 1 and 2: 31 Jul 2010 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations 2011* | 8 Mar 2011 p. 787‑90 | | r. 1 and 2: 8 Mar 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Mar 2011 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 2) 2011* 1 | 20 Dec 2011 p. 5387-90 | | r. 1 and 2: 20 Dec 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Dec 2011 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations 2012* | 17 Jan 2012 p. 463‑5 | | r. 1 and 2: 17 Jan 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Jan 2012 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 2) 2012* | 27 Mar 2012 p. 1507 | | r. 1 and 2: 27 Mar 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 28 Mar 2012 (see r. 2(b)) | |\n| **Reprint 2: The *Magistrates Court (Fees) Regulations 2005* as at 6 Apr 2012** (includes amendments listed above) | | | | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 3) 2012* | 30 Nov 2012 p. 5791‑3 | | r. 1 and 2: 30 Nov 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations 2013* | 20 Aug 2013 p. 3815-16 | | r. 1 and 2: 20 Aug 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and *Gazette* 20 Aug 2013 p. 3815) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 2) 2013* | 15 Nov 2013 p. 5248-50 | | r. 1 and 2: 15 Nov 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 3) 2014* | 27 Jun 2014 p. 2342-4 | | r. 1 and 2: 27 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i)) | |\n| *Magistrates Court (Fees) Amendment Regulations 2015* | 10 Feb 2015 p. 613 | | r. 1 and 2: 10 Feb 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 2) 2015* | 19 Jun 2015 p. 2124‑7 | | r. 1 and 2: 19 Jun 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(i)) | |\n| *Magistrates Court (Fees) Amendment Regulations (No. 3) 2015* | 4 Sep 2015 p. 3695 | | r. 1 and 2: 4 Sep 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 5 Sep 2015 (see r. 2(b)) | |\n| **Reprint 3: The *Magistrates Court (Fees) Regulations 2005* as at 3 Dec 2015** (includes amendments listed above) | | | | |\n| *Attorney General Regulations Amendment (Fees) Regulations 2016* Pt. 8 | | 14 Jun 2016 p. 1849‑986 | | 4 Jul 2016 (see r. 2(b)) |\n| *Magistrates Court (Fees) Amendment Regulations (No. 2) 2016* | | 1 Jul 2016 p. 2747‑8 | | r. 1 and 2: 1 Jul 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 4 Jul 2016 (see r. 2(b) and *Gazette* 14 Jun 2016 p. 1855) |\n| *Attorney General Regulations Amendment (Family Violence Restraining Orders) Regulations 2017* Pt. 7 | | 27 Jun 2017 p. 3432‑5 | | 1 Jul 2017 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 8 | 7 Jul 2017 p. 3721‑98 | | 8 Jul 2017 (see r. 2(b)(ii)) | |\n| *Attorney General Regulations Amendment (Bailiff Fees) Regulations 2018* Pt. 5 | 9 Feb 2018 p. 401‑5 | | 10 Feb 2018 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2018* Pt. 8 | 15 Jun 2018 p. 1963‑2049 | | 1 Jul 2018 (see r. 2(b)) | |\n| *Justice Regulations Amendment (Fee Relief) Regulations 2018* Pt. 6 | 20 Jul 2018 p. 2621‑30 | | 21 Jul 2018 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Transcript Fees) Regulations 2018* Pt. 5 | 7 Dec 2018 p. 4667‑74 | | 18 Dec 2018 (see r. 2(b)(i)) | |\n| *Attorney General Regulations Amendment (Transcript Fees) Regulations 2019* Pt. 5 | 12 Mar 2019 p. 666‑9 | | 13 Mar 2019 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2019* Pt. 10 | 28 Jun 2019 p. 2553‑642 | | 1 Jul 2019 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2020* Pt. 8 | SL 2020/124 31 Jul 2020 | | 1 Aug 2020 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 9 | SL 2021/101   29 Jun 2021 | | 1 Jul 2021 (see r. 2(b)) | |\n| *Magistrates Court (Fees) Amendment Regulations 2021* | SL 2021/119   2 Jul 2021 | | r. 1 and 2: 2 Jul 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Jul 2021 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 10 | SL 2022/111 30 Jun 2022 | | 1 Jul 2022 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Legal Profession) Regulations 2022* Pt. 4 | SL 2022/114 30 Jun 2022 | | 1 Jul 2022 (see r. 2(d) and SL 2022/113 cl. 2) | |\n| *Attorney General Regulations Amendment (Fee Waiver) Regulations 2022* Pt. 3 | SL 2022/145 26 Aug 2022 | | 27 Aug 2022 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 10 | SL 2023/120 2 Aug 2023 | | 3 Aug 2023 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2024* Pt. 10 | SL 2024/113 26 Jun 2023 | | 1 Jul 2024 (see. r 2(b)) | |\n| *Court Fees Regulation Amendment Regulations 2024* Pt. 4 | SL 2024/174 21 Aug 2024 | | 1 Sep 2024 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees) Regulations 2024* Pt. 3 | SL 2024/254 11 Dec 2024 | | 12 Dec 2024 (see r. 2(b)) | |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2025* Pt. 10 | SL 2025/111 25 Jun 2025 | | 1 Jul 2025 (see r. 2(b)) | |\n\n\nOther notes\n\n1 The Table to r. 4 of the *Magistrates Court (Fees) Amendment Regulations (No. 2) 2011* included amendments to Schedule 1 Divisions 2 and 3. These amendments are not included because the instruction in r. 4 referred only to Schedule 1 Division 1.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napplicant 6A(1)\n\ncase statement 3\n\nCentrelink 7(1)\n\nclaim 3\n\nclaimant 3\n\ncommencement day 15(1)\n\ncorporation 3\n\ncounterclaim 3\n\neligible entity 3\n\neligible entity fee 3\n\neligible individual 3\n\neligible individual fee 3\n\nenforcement officer 3\n\nentity 3\n\nForm 3\n\nFVRO 6A(1)\n\nindividual 3\n\ninterim order 6A(1)\n\nmetropolitan region 3\n\nminor cases procedure 3\n\nnon-profit association 3\n\nparty 3\n\nperson 3\n\nprosecution notice 3\n\nrespondent 6(2), 6A(1)\n\nsmall business 3\n\nsubsidiary 3\n\nVRO 6A(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally a straightforward fee-setting instrument, the regulations have expanded significantly beyond simple cost recovery. The 2016 amendments introduced a comprehensive financial hardship scheme (regulations 8-9D) with application processes, judicial discretion, and penalty provisions. Recent amendments (2022-2024) added mandatory fee waivers for family violence proceedings (regulation 6A) and discretionary waivers for court errors (regulation 6B), shifting the instrument from pure fee regulation toward access-to-justice policy implementation. The small business/non-profit concession (regulation 5A, 2016) also broadened scope beyond individual litigants to economic sectors."},"complexity_factors":["Multiple fee categories with cross-referencing: Three separate fee columns (A, B, C) requiring users to determine their status across regulations 3, 4, 5A, and 8","Extensive defined terms: 21 defined terms in regulation 3, many referencing external legislation (Corporations Act 2001, Social Security Act 1991, etc.)","Nested conditional logic: Fee waivers in regulations 6A and 6B contain multiple preconditions (e.g., 'if no decision made OR dismissed OR interim order made AND still in force')","Complex eligibility criteria: Regulation 8 defines 'eligible individual' through 6 separate sub-categories including card types, allowances, and legal aid status","Detailed fee schedules: Schedule 1 contains 3 divisions with 11+ items in civil jurisdiction alone, many with tiered pricing based on claim value thresholds ($10,000/$50,000)","Transitional provisions: Regulation 15 preserves pre-commencement hearing allocations with specific carve-outs","Multiple amendment layers: 30+ amendments since 2005, with some provisions deleted and others inserted, creating a patchwork structure (e.g., regulation 9 deleted, 9A-9D inserted)","Interplay with external rules: References to Magistrates Court (General) Rules 2005 and multiple other Acts create dependency on external instruments"],"plain_english_summary":"This is a Western Australian regulation that sets out the fees payable for using the Magistrates Court. It covers both civil cases (like debt recovery or disputes) and criminal matters.\n\n**Key things it does:**\n\n*   **Sets fee scales:** Different fees apply depending on who you are and what you're doing. There are three main categories:\n    *   **Standard individuals and eligible entities** (Column A fees)\n    *   **Companies and organisations** (Column B fees — generally higher)\n    *   **Concession holders** (Column C fees — reduced rates for people with Centrelink cards, legal aid, or financial hardship)\n\n*   **Provides discounts for vulnerable groups:** People with pensioner concession cards, health care cards, or those receiving legal aid pay significantly lower fees. Small businesses and non-profit associations can also access reduced fees by lodging a declaration.\n\n*   **Lists specific fees:** The Schedule details costs for common court actions, including:\n    *   Filing a claim (ranging from roughly $57–$1,508 depending on claim size and payer type)\n    *   Hearing allocation fees (per half-day)\n    *   Daily hearing fees\n    *   Copying documents and transcripts\n    *   Serving documents\n    *   Warrant execution\n\n*   **Exempts certain matters:** No fees are charged for family violence restraining orders, prohibited behaviour orders, or applications by minors (under 18).\n\n*   **Allows fee waivers:** Registrars must waive certain fees for family violence order applicants/respondents in specific circumstances, and may waive fees where the Court made a clerical error.\n\n*   **Creates an application process for financial hardship:** People who don't automatically qualify for concessions can apply to be recognised as an \"eligible individual\" or \"eligible entity\" if paying full fees would cause financial hardship or be against the interests of justice.\n\n*   **Penalises false claims:** Making false statements to get reduced fees is an offence carrying a $1,000 fine.\n\n**Who it affects:** Anyone using the WA Magistrates Court — individuals, businesses, government agencies, and non-profits. It particularly matters for people on low incomes who may qualify for reduced fees, and for businesses calculating the cost of litigation."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This version has expanded the fee regime beyond a simple schedule of charges by adding targeted concessions, administrative pathways and specific waiver rules. Key scope expansions include: (a) creation of explicit ‘‘eligible individual’’ and ‘‘eligible entity’’ categories and a formal recognition process the Court can use to reduce fees (regs 8, 9A–9B); (b) a statutory self‑declaration route for small businesses and non‑profit associations to receive reduced fees, with penalty and recovery mechanisms for false claims (reg 5A, Schedule 2 Form 1, reg 9C); (c) conditional charging in criminal and restraining‑order matters so that some fees are payable only on conviction or recovery (reg 6); and (d) discrete mandatory and discretionary waiver or refund rules for transcripts, clerical errors, and other circumstances (regs 6A, 6B, 9D). These additions remain within the general object of regulating Court fees but represent a significant increase in administrative detail, discretion and targeting compared with a straightforward fee schedule."},"complexity_factors":["Approximately 30 defined terms collected in regulation 3 and the Defined terms list (many cross‑referenced to other Acts).","Schedule 1 contains ~22 main fee items across 3 divisions with multiple subparagraphs and three payer columns (A/B/C) producing many permutations of fee outcomes.","Multiple conditional and timing rules: fees payable before filing (reg 7), payment timing for allocation fees (reg 10), and reconvening contingent on payment (reg 11).","Several delegated discretion points: registrars/Court can direct eligibility (regs 9A–9B), waive certain fees (regs 6, 6A, 6B), decide fee disputes (reg 13) and order refunds (reg 9D).","Cross‑references to many other statutes (Magistrates Court (Civil Proceedings) Act 2004, Criminal Procedure Act 2004, Restraining Orders Act 1997, Corporations Act 2001, Civil Judgments Enforcement Act 2004, etc.).","Nested exceptions and notes within Schedule 1 (refund percentages, coverage of attempts, travel fee aggregation rules) create multi‑step application logic for several items (e.g. Div 2 items 4–6 and their notes).","Penalty and enforcement provisions tied to declarations and false statements (fines, recovery of fee differentials) introduce separate compliance and recovery steps (regs 5A, 9C, 9D).","Unusually large single‑figure line item (annual email information fee $95,273 in Schedule 1 Div 1 item 5(b)) that is administratively exceptional and requires tracking across anniversaries (note to item)."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Sets the court fees that apply in proceedings in the Magistrates Court of Western Australia by listing specific charges in Schedule 1 and saying when and how they are to be collected (reg 4(1), Schedule 1).\n- Distinguishes between three payers for most items: (a) an individual (or an eligible entity) shown in Column A, (b) an entity (business/corporation) shown in Column B, and (c) an eligible individual shown in Column C (reg 4(2), Schedule 1 columns).\n- Defines who counts as an eligible individual (low‑income concession cards, certain Commonwealth allowances, legal aid recipients, or persons the Court directs) and who counts as an eligible entity (legal aid recipients or those the Court directs) (reg 8).\n- Provides processes for people or organisations to ask to be treated as eligible (forms and applications; regs 9A–9B) and creates penalties and reversal powers if false statements are made (reg 9C). It also allows refunds and correction of mistakenly paid fees (reg 9D).\n- Grants the Court and registrars discretion to waive or defer particular fees in specific circumstances: for some criminal and restraining‑order work fees are payable only if there is conviction or an order (reg 6); registrars may waive some set‑aside or transcript fees where the Court made a clerical error (reg 6B); and some restraining‑order document and transcript fees must be waived in limited situations (reg 6A).\n- Requires payment of many civil fees before documents are filed or a hearing is acted upon (reg 7) and sets timing rules for hearing allocation fees and reconvening hearings (regs 10–11).\n- Lists exemptions from fees for certain sensitive matters (family violence restraining orders, prohibited behaviour orders, mandatory disease testing orders, some mental impairment proceedings) and for minors or where another law expressly removes fee liability (reg 5).\n- Establishes practical administration rules: how to charge travel and enforcement costs, how transcript and copy fees operate (including speed‑based transcript rates), how to resolve disputes about which fee applies (Principal Registrar decides; review by the Court is available) and that unpaid fees are debts recoverable by action (regs 3, 12–14, Schedule 1).\n\n**Who is affected**\n\n- Court users who lodge claims, applications, appeals, requests for hearings, copies of transcripts or court records, and those who require enforcement action (sheriff/bailiff) — individuals, small businesses/non‑profits, and larger corporate entities (reg 4, Schedule 1).\n- People eligible for concessions (Centrelink concession cards, certain Commonwealth allowances, legal aid recipients, or persons granted eligibility by the Court) pay lower fees (reg 8, Schedule 1 columns).\n- Small businesses and non‑profit associations may self‑declare to receive the eligible‑entity fee treatment (reg 5A and Schedule 2 Form 1), but must notify the Court if their status changes (penalty for failure to advise).\n- The Court and its officers (registrars, Principal Registrar) are given decision and administrative roles: fixing fees, accepting declarations, waiving fees in certain cases, resolving fee disputes, and ordering refunds or additional payments where declarations are false (regs 4, 5A, 6, 6A, 6B, 9A–9D, 13).\n\n**Why it matters (official purpose and how that interacts with incentives and costs)**\n\n- Officially the regulations translate the Court’s power to charge fees into a concrete schedule so the Court can recover administrative costs and manage resources (reg 4 and Schedule 1). That plainly assigns the cost of specific services (filing, listing, transcripts, enforcement travel) to the users of those services.\n\n- Testing that claim against incentives and trade‑offs:\n  - Who pays: larger entities generally pay higher fees (Column B is usually higher than Column A) while eligible individuals and some entities pay reduced fees (reg 4(2), Schedule 1). That shifts more of the direct cost burden to corporate parties and reduces it for certain individuals and small organisations.\n  - Decision‑makers and discretion: registrars and the Court can grant eligibility or waive fees in specified circumstances (regs 9B, 6B, 6A). This creates administrative discretion that can target relief quickly but requires recordkeeping and may increase casework for Court staff.\n  - Compliance and enforcement: the instrument uses procedural levers (fees payable before filing or before reconvening hearings — regs 7, 11) to encourage timely payment and prevent late or speculative filings. That reduces the Court’s exposure to unpaid transaction costs but may deter some filings where parties cannot afford fees.\n  - Costs to users and access risk: by charging fees for many listing and hearing allocations, transcript copies and enforcement actions, the rules create marginal costs that affect litigant behaviour (for example, decisions to settle, withdraw, or reduce hearing time requested). Concessions and waivers aim to offset access problems for low‑income people and some small organisations (regs 8, 9B, 5A), but eligibility requires documentary proof or a Court direction, which is an administrative hurdle.\n  - Concentrated benefits and diffuse costs: reductions and waivers concentrate benefits on identifiable groups (eligible individuals, legal aid recipients, small businesses/non‑profits); the administrative cost of applying those reductions and the remaining revenue shortfall are handled within Court budgeting and by charging higher fees to non‑eligible entities.\n  - Implementation risks and incentives for misstatement: the small business self‑declaration and eligibility applications create an incentive to claim concession status; the regs respond by imposing a penalty and allowing the Court to recover the unpaid differential and revoke eligibility where a false or misleading declaration is made (reg 5A(4)–(6), reg 9C).\n\n**Concrete effects and behaviours the instrument causes**\n\n- Entities and individuals will budget for specific filing, listing and transcript costs defined in Schedule 1; larger entities generally pay more per item than natural persons (Schedule 1 columns).\n- Parties may reduce the hearing days sought (or settle earlier) to avoid allocation and half‑daily hearing fees (Schedule 1 Div 2 items 5–6 and notes; regs 10–11).\n- Registrars will receive and determine applications for eligibility or fee disputes and exercise limited waiver powers; the Principal Registrar resolves fee interpretation disputes (reg 13).\n- For criminal prosecutions or certain restraining order work instituted by police or government officers, fees become payable only after conviction or when a restraining order is made and recovered from the accused/respondent (reg 6). That shifts immediate collection risk away from prosecuting agencies.\n\n**Key administrative details (where to look)**\n\n- Fee schedule and amounts: Schedule 1 (Divisions 1–3).\n- Who is eligible for reduced fees: regulation 8.\n- Small business / non‑profit declaration: regulation 5A and Schedule 2 Form 1.\n- Waiver/eligibility applications and criteria: regulations 9A–9B; discrete waivers in regs 6, 6A, 6B.\n- Fee disputes and recovery: regulations 13–14.\n\n(References in parentheses refer to the regulation or Schedule item cited.)"},"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":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for review. The page returned an error indicating the URL is no longer active on the Western Australian legislation website."},"complexity_factors":["No legislative text was retrievable — analysis is impossible","Only a broken-link error page and an Acknowledgement of Country were provided","Complexity cannot be meaningfully assessed without actual content"],"plain_english_summary":"## Magistrates Court (Fees) Regulations 2005 — Western Australia\n\n**No legislative content could be retrieved.**\n\nThe source page for this legislation is no longer available on the Western Australian legislation website. The link has broken due to system and security upgrades, meaning the actual text of the Magistrates Court (Fees) Regulations 2005 could not be analysed.\n\n**What we know from the title alone:**\nThis is a Western Australian regulation (a type of law made under a parent Act, rather than by Parliament directly) that would govern the **fees charged in the Magistrates Court** — the court that handles everyday civil and criminal matters such as minor disputes, traffic offences, and small claims. It would affect anyone who files documents, lodges claims, or uses court services in WA's Magistrates Court system.\n\n**To access the current version**, visit the [Parliamentary Counsel's Office](https://www.legislation.wa.gov.au) and search directly for *Magistrates Court (Fees) Regulations 2005*."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-fees-regulations-2005","history":"/api/acts/magistrates-court-fees-regulations-2005/history","analysis":"/api/acts/magistrates-court-fees-regulations-2005/analysis","conflicts":"/api/acts/magistrates-court-fees-regulations-2005/conflicts","importantCases":"/api/acts/magistrates-court-fees-regulations-2005/important-cases","documents":"/api/acts/magistrates-court-fees-regulations-2005/documents"}}