{"id":"sr:magistrates-court-fees-regulations-2022","name":"Magistrates' Court (Fees) Regulations 2022","slug":"magistrates-court-fees-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181544,"registerId":"vic-sr:magistrates-court-fees-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates' Court (Fees) Regulations 2022","content":"Version No. 001\n\n**Magistrates' Court (Fees) Regulations 2022**\n\n**S.R. No. 79/2022**\n\nVersion as at  \n25 September 2022\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 No fee payable in certain proceedings 3\n\n7 No fee payable by certain persons in criminal jurisdiction 3\n\n8 Fees—criminal jurisdiction 4\n\n9 Fees—civil jurisdiction 5\n\n10 Fees—administrative 5\n\n11 Fees payable in relation to application under Part 3A of VCAT Act 5\n\n12 Fees payable in claims for unpaid wages in the Industrial Division 6\n\n13 Payment of fees generally 6\n\n14 Payment of hearing fees 7\n\n15 Payment of mediation fees 7\n\n16 Fees and multiple parties 7\n\n17 When fees are payable 8\n\n18 Waiver of fees 8\n\n19 Establishing appropriate fee status 9\n\n20 Transitional arrangements 10\n\nSchedule 1—Scale of fees 12\n\n═════════════\n\nEndnotes 17\n\n1 General information 17\n\n2 Table of Amendments 19\n\n3 Explanatory details 20\n\n**Version No.** **001**\n\n**Magistrates' Court (Fees) Regulations 2022**\n\n**S.R. No. 79/2022**\n\nVersion as at  \n25 September 2022\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe the fees payable in the Magistrates' Court of Victoria.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 140 of the **Magistrates' Court Act 1989**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 25 September 2022.\n\n\t4 Revocation\n\nThe Magistrates' Court (Fees) Regulations 2012[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***concession fee payer*** means a person who holds a current health care card within the meaning of the Social Security Act 1991 of the Commonwealth at the time a fee is payable;\n\n***corporate fee payer*** means an entity other than a standard fee payer or a concession fee payer;\n\n***Federation of Community Legal Centres Vic*** means the Federation of Community Legal Centres Vic Inc. ABN 30 036 539 902, an association incorporated under the **Associations Incorporation Reform Act 2012**;\n\n***Justice Connect*** means the Justice Connect ABN 54 206 789 276;\n\n***Law Institute of Victoria*** means the Law Institute of Victoria Limited ACN 075 475 731;\n\n***standard fee payer*** means—\n\n(a) a natural person other than a natural person acting in the capacity of a statutory office holder; or\n\n(b) an entity which is a not-for-profit organisation that—\n\n(i) operates exclusively for charitable, civil or other social purposes; and\n\n(ii) does not share or allocate the funds or profits of the organisation with the owners, shareholders or executives of the organisation; or\n\n(c) an entity that has a turnover of less than $200 000 in the financial year before the financial year in which a fee in Schedule 1 is to be paid; or\n\n(d) the executor or administrator of a deceased estate;\n\n***the Rules*** means the Magistrates' Court General Civil Procedure Rules 2020[[2]](#endnote-2);\n\n***VCAT Act***  means the **Victorian Civil and Administrative Tribunal Act 1998**;\n\n***Victorian Bar*** means the Victorian Bar Inc., an association incorporated under the **Associations Incorporation Reform Act 2012**.\n\n\t6 No fee payable in certain proceedings\n\nNo fee is payable under these Regulations in respect of the following—\n\n(a) a proceeding under the **Family Violence Protection Act 2008**;\n\n(b) a proceeding under the **Maintenance Act 1965**;\n\n(c) a proceeding under the **Personal Safety Intervention Orders Act 2010**.\n\n\t7 No fee payable by certain persons in criminal jurisdiction\n\nThe following persons are exempt from paying the fees set out in Part 1 and items 3.1, 3.2, 3.3 and 3.4 of Part 3 of Schedule 1 in respect of a proceeding in the criminal jurisdiction—\n\n(a) a police officer acting in the course of the police officer's duty;\n\n(b) a person acting for or by authority of the Crown;\n\n(c) a person acting for or by authority of a municipal council where the proceeding relates to public health;\n\n(d) a POCTA inspector within the meaning of the **Prevention of Cruelty to Animals Act 1986** acting in the course of the POCTA inspector's duty;\n\n(e) a person authorised under section 24ZW of the **Prevention of Cruelty to** **Animals Act 1986** to file a charge for an offence referred to in that section;\n\n(f) a person acting for or by authority of the Secretary;\n\n(g) the Business Licensing Authority established under Part 2 of the **Business Licensing Authority Act 1998**;\n\n(h) a person who is legally represented in the proceeding under a pro bono scheme administered by or on behalf of—\n\n(i) the Victorian Bar; or\n\n(ii) the Law Institute of Victoria; or\n\n(iii) Justice Connect;\n\n(i) a person who is legally represented in the proceeding on a pro bono basis by a member of the Federation of Community Legal Centres Vic;\n\n(j) a person who has been granted legal aid under a legal aid scheme established under the law of the Commonwealth or of a State or Territory for the proceeding for which the fee would otherwise be payable;\n\n(k) a person who is serving a sentence of imprisonment or is otherwise detained in a detention facility, however described;\n\n(l) a person who is under the age of 18 years.\n\n**Note**\n\nFees in respect of a proceeding in the criminal jurisdiction refers to fees in relation to extracts or other documents or material originating in the criminal jurisdiction regardless of their intended use.\n\n\t8 Fees—criminal jurisdiction\n\nThe fees set out in Part 1 of Schedule 1 are payable for a proceeding in the criminal jurisdiction of the Court as specified in that Part and in accordance with these Regulations.\n\n\t9 Fees—civil jurisdiction\n\n(1) The fees set out in Part 2 of Schedule 1 are payable for a proceeding in the civil jurisdiction of the Court as specified in that Part and in accordance with these Regulations.\n\n(2) For a corporate fee payer, the fee for an item specified in Column 2 of Part 2 of Schedule 1 is the corresponding fee in Column 3 of that Part.\n\n(3) For a standard fee payer, the fee for an item specified in Column 2 of Part 2 of Schedule 1 is the corresponding fee in Column 4 of that Part.\n\n(4) For a concession fee payer, the fee for an item specified in Column 2 of Part 2 of Schedule 1 is the corresponding fee in Column 5 of that Part.\n\n\t10 Fees—administrative\n\nThe administrative fees set out in Part 3 of Schedule 1 are payable in the Court as specified in that Part and in accordance with these Regulations.\n\n\t11 Fees payable in relation to application under Part 3A of VCAT Act\n\n(1) Despite regulation 9, the fees set out in Part 2 of Schedule 1 are not payable for a matter heard or determined by the Court pursuant to an application under section 57B of the VCAT Act.\n\n(2) Despite regulation 10, the administrative fees set out in Part 3 of Schedule 1 are not payable for administrative tasks that relate to a matter heard or determined by the Court pursuant to an application under section 57B of the VCAT Act.\n\n(3) For a matter heard or determined by the Court pursuant to an application under section 57B of the VCAT Act, or an administrative task that relates to the matter, the fee payable to the Court is the relevant fee (if any) that would be payable to VCAT under the VCAT Act if the matter were heard by VCAT.\n\n**Note**\n\nSection 57B of the VCAT Act already requires that the fee payable to the Court for an application under that section is the relevant fee (if any) payable to VCAT under the VCAT Act. This regulation deals with other fees related to the proceeding other than the fee for commencement of a proceeding in the Court.\n\n\t12 Fees payable in claims for unpaid wages in the Industrial Division\n\n(1) Despite regulation 9, the fees set out in items 2.1, 2.2, 2.3 and 2.4 of Part 2 of Schedule 1 are not payable for the commencement of a proceeding by an employee for a claim for unpaid wages in the Industrial Division of the Court.\n\n(2) For a proceeding commenced by an employee for a claim for unpaid wages in the Industrial Division of the Court, the fee payable for the commencement of a proceeding is—\n\n(a) 10 fee units for a standard fee payer; or\n\n(b) 5 fee units for a concession fee payer.\n\n(3) In this regulation, ***employee*** includes a former employee.\n\n\t13 Payment of fees generally\n\n(1) Subject to subregulation (2) and regulations 14 and 15, fees are payable by the party, person or other entity at whose request or on whose behalf the document is filed or the service rendered.\n\n(2) Where a fee is payable as a result of an order or a direction made on the Court's own motion, the fee is payable by the party which commenced the proceeding, unless the Court otherwise orders.\n\n\t14 Payment of hearing fees\n\nSubject to any order of the Court, an applicable hearing fee in relation to any proceeding is payable by the party seeking the hearing, being—\n\n(a) the party which commenced the proceeding; or\n\n(b) the party which made the interlocutory application; or\n\n(c) if the party seeking the hearing is not the party referred to in paragraph (a) or (b), that other party.\n\n\t15 Payment of mediation fees\n\nA mediation fee is payable by the party which commenced the proceeding.\n\n\t16 Fees and multiple parties\n\nIf a request to file a document or render a service is made on behalf of multiple parties in a proceeding, a single fee is payable and—\n\n(a) if one or more of the parties making the request is a corporate fee payer, the fee applicable to a corporate fee payer is to be paid; or\n\n(b) if none of the parties making the request is a corporate fee payer and one or more of the parties making the request is a standard fee payer, the fee applicable to a standard fee payer is to be paid.\n\n**Examples**\n\n1 There are 2 plaintiffs in a proceeding and one is a corporate fee payer and one is a standard fee payer: a single fee is payable and that fee is the fee applicable to the corporate fee payer.\n\n2 There are 2 plaintiffs in a proceeding and one is a concession fee payer and the other is a standard fee payer: a single fee is payable and that fee is the fee applicable to the standard fee payer.\n\n\t17 When fees are payable\n\nUnless the Court otherwise orders or a court official otherwise determines, a fee fixed by these Regulations is payable—\n\n(a) subject to paragraph (b), when—\n\n(i) the relevant document is filed or lodged; or\n\n(ii) the relevant service is rendered; or\n\n(iii) the relevant event takes place; or\n\n(b) if a court official who is requested by a party to file a document or render a service requires a fee to be paid before the document is filed or the service is rendered, at the time of the request.\n\n\t18 Waiver of fees\n\nA fee which is payable under Part 2 of Schedule 1 is waived if, at the time the fee is payable, the party, person or other entity—\n\n(a) is legally represented in the proceeding under a pro bono scheme administered by or on behalf of—\n\n(i) the Victorian Bar; or\n\n(ii) the Law Institute of Victoria; or\n\n(iii) Justice Connect; or\n\n(b) is legally represented in the proceeding on a pro bono basis by a member of the Federation of Community Legal Centres Vic; or\n\n(c) has been granted legal aid under a legal aid scheme established under the law of the Commonwealth or of a State or Territory for the proceeding for which the fee would otherwise be payable; or\n\n(d) is serving a sentence of imprisonment or is otherwise detained in a detention facility, however described; or\n\n(e) is a person under the age of 18 years.\n\n\t19 Establishing appropriate fee status\n\n(1) This regulation applies to—\n\n(a) a standard fee payer; and\n\n(b) concession fee payer; and\n\n(c) any fee payer claiming or entitled to a waiver or refund of a fee specified in Schedule 1.\n\n(2) A fee payer to whom this regulation applies must provide to a court official, when requested to do so, information or evidence that establishes, as the case requires, that the fee payer is—\n\n(a) a standard fee payer; or\n\n(b) a concession fee payer; or\n\n(c) entitled to a waiver or refund of a fee in Schedule 1.\n\n(3) If a court official is satisfied that the information or evidence provided under subregulation (2)—\n\n(a) establishes the fee payer's status as a standard fee payer, the fee payer is liable to pay the applicable standard fee specified in Column 4 of Part 2 of Schedule 1; or\n\n(b) establishes the fee payer's status as a concession fee payer, the fee payer is liable to pay the applicable concession fee specified in Column 5 of Part 2 of Schedule 1; or\n\n(c) entitles the fee payer to a waiver or refund of a fee specified in Schedule 1, the fee is waived or refunded as appropriate.\n\n(4) If a lower fee has been charged or paid in accordance with these Regulations and the fee payer should have paid a higher fee or was not entitled to the relevant status—\n\n(a) a court official may reinstate the correct fee and require its payment; and\n\n(b) the fee payer is liable for the reinstated fee and must pay the difference between the fee originally paid (if any) and the reinstated fee.\n\n\t20 Transitional arrangements\n\n(1) Despite regulation 9, if incurred in the transitional period, the fee payable by a corporate fee payer, a standard fee payer or a concession fee payer for an item specified in Column 2 of Part 2 of Schedule 1 is the relevant fee payable by a standard fee payer.\n\n(2) Despite regulation 12(2), if incurred in the transitional period, the fee payable by a concession fee payer to commence a proceeding for a claim for unpaid wages in the Industrial Division of the Court is 10 fee units.\n\n(3) In this regulation, ***transitional period*** means the period beginning on the date these Regulations commence and ending on the earlier of—\n\n(a) 31 March 2024; or\n\n(b) the date specified by the Minister.\n\n(4) For the purposes of subregulation (3)(b), the Minister, by notice published in the Government Gazette, may specify a date that is earlier than 31 March 2024 as the date on which the transitional period ends.\n\nSchedule 1—Scale of fees\n\nPart 1—Fees payable in criminal jurisdiction\n\n| *Column 1*<br>*Item No.* | *Column 2*<br>*Item* | *Column 3*<br>*Fee* |\n| --- | --- | --- |\n|  | **COMMENCEMENT OF PROCEEDING** |  |\n| 1.1 | For the filing of a charge sheet to answer to a single charge | 5·7 fee units |\n| 1.2 | For the filing of a charge sheet to answer to multiple charges | 8·6 fee units |\n| 1.3 | For the lodging of the prescribed information under section 40(1)(a) of the **Infringements Act 2006** to have a single infringement offence heard and determined in the Court | 5·7 fee units |\n| 1.4 | For the lodging of the prescribed information under section 40(1)(a) of the **Infringements Act 2006** to have multiple infringement offences heard and determined in the Court | 8·6 fee units |\n|  | **APPLICATIONS AND APPEALS UNDER THE ROAD SAFETY ACT 1986** |  |\n| 1.5 | Filing an application or appeal under the **Road Safety Act 1986**, other than an application for extension of time | 5·7 fee units |\n\n\nPart 2—Fees payable in civil jurisdiction\n\n| *Column 1*<br>*Item No.* | *Column 2*<br>*Item* | *Column 3*<br>*Corporate fee payer* | *Column 4*<br>*Standard fee payer* | *Column 5*<br>*Concession fee payer* |\n| --- | --- | --- | --- | --- |\n|  | **COMMENCE-MENT OF CIVIL PROCEEDING** |  |  |  |\n| 2.1 | Filing a complaint, counterclaim or third party notice where the claim is for monetary relief that does not exceed $1000 or for relief other than for monetary relief | 20·4 fee units | 10·2 fee units | 5·1 fee units |\n| 2.2 | Filing a complaint, counterclaim or third party notice where the monetary amount claimed exceeds $1000 but does not exceed $10 000 | 42·6 fee units | 21·3 fee units | 10·7 fee units |\n| 2.3 | Filing a complaint, counterclaim or third party notice where the monetary amount claimed exceeds $10 000 but does not exceed $40 000 | 64·8 fee units | 32·4 fee units | 16·2 fee units |\n| 2.4 | Filing a complaint, counterclaim or third party notice where the monetary amount claimed exceeds $40 000 | 97·2 fee units | 48·6 fee units | 16·2 fee units |\n|  | **ORDER** |  |  |  |\n| 2.5 | Request for order | 6 fee units | 3 fee units | 1·5 fee units |\n|  | **APPLICATIONS AND ENFORCEMENT PROCESS** |  |  |  |\n| 2.6 | Filing an interlocutory application | 21·2 fee units | 10·6 fee units | 5·3 fee units |\n| 2.7 | An application by a judgment debtor or creditor under section 6 or 8 of the **Judgment Debt Recovery Act 1984** or filing by a judgment debtor or creditor of an instalment agreement under section 7 of that Act | 4·9 fee units | 2·4 fee units | 1·2 fee units |\n| 2.8 | Filing an application for an attachment of earnings order under Order 72 of the Rules | 20 fee units | 10 fee units | 5 fee units |\n| 2.9 | Filing an application for registration of an interstate judgment | 2·7 fee units | 1·3 fee units | 1 fee unit |\n|  | **ORAL EXAMINATION** |  |  |  |\n| 2.10 | Filing a summons for oral examination including examination of the judgment debtor under Order 67 of the Rules | 14 fee units | 7 fee units | 3·5 fee units |\n|  |  |  |  |  |\n|  | **MEDIATION** |  |  |  |\n| 2.11 | A mediation session conducted by a magistrate, judicial registrar or registrar under Order 50 of the Rules | 36·2 fee units | 18·1 fee units | 9·1 fee units |\n|  | **HEARING FEES** |  |  |  |\n| 2.12 | Hearing at trial or arbitration after the first day—for every day or part of a day<br>Note: For the purpose of this item any hearing at trial or arbitration of less than 2 hours on the first day does not count as the first day. | 83·4 fee units | 41·7 fee units | 20·9 fee units |\n|  | **ISSUE OF WARRANTS TO ENFORCE ORDERS** |  |  |  |\n| 2.13 | Issue of a warrant | 2·4 fee units | 1·2 fee units | 1 fee unit |\n\n\nPart 3—Administrative fees payable in the Court\n\n| *Column 1*<br>*Item No.* | *Column 2*<br>*Item* | *Column 3*<br>*Fee* |\n| --- | --- | --- |\n|  | **ISSUE OF ORDERS AND CERTIFICATES AND FILING OF SUMMONS TO WITNESS AND SUBPOENA** |  |\n| 3.1 | Issue or supply of an order or certificate | 1·4 fee units |\n| 3.2 | Issue of summons to witness or subpoena to witness | 2·7 fee units |\n|  | **PREPARATION OF DOCUMENTS BY A REGISTRAR** |  |\n| 3.3 | Preparation by a registrar of a summons, warrant, certificate or other document (excluding printing, extracting or certifying an existing electronic document) | 1·9 fee units |\n|  | **SEARCHING, RETRIEVING AND PHOTOCOPYING FEES** |  |\n| 3.4 | For each request to the Court to search a database, inspect a register, retrieve a document or access any material filed or lodged with, produced to or held by the Court | 1·7 fee units |\n| 3.5 | For photocopying or printing any document | 60c per page |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Magistrates' Court (Fees) Regulations 2022, S.R. No. 79/2022 were made on 13 September 2022 by the Governor in Council under section 140 of the **Magistrates' Court Act 1989**, No. 51/1989 and came into operation on 25 September 2022: regulation 3.\n\nThe Magistrates' Court (Fees) Regulations 2022 will sunset 10 years after the day of making on 13 September 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Magistrates' Court (Fees) Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 105/2012 as amended by S.R. Nos 123/2012, 121/2013 and 110/2018. [↑](#endnote-ref-1)\n\n2. Reg. 5 definition of ***the Rules***: S.R. No. 112/2020 as amended by S.R. Nos 23/2021, 89/2021, 167/2021 and 54/2022.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prescribing court fees. The 2022 version updates the 2012 Regulations with a revised fee structure (three tiers instead of previous arrangements) and modernised definitions, but does not expand beyond fee-setting for Magistrates' Court proceedings."},"complexity_factors":["Multiple defined fee payer categories (3 tiers) with specific eligibility criteria requiring evidence","Cross-references to external legislation: Magistrates' Court Act 1989, VCAT Act, Monetary Units Act 2004, Social Security Act 1991, and various other Victorian Acts","Conditional fee structures: different rates apply based on jurisdiction (criminal/civil/administrative), party type, and specific proceeding types","Nested exceptions: general fee rules overridden by specific regulations for VCAT matters (reg 11), Industrial Division wage claims (reg 12), and transitional arrangements (reg 20)","Fee calculation mechanism requires external lookup (fee unit value published annually by Treasurer)","Multiple exemption categories across regulations 6, 7, and 18 with overlapping but distinct criteria"],"plain_english_summary":"This legislation sets out the fees people and organisations must pay when using Victoria's Magistrates' Court. It covers criminal cases (like traffic offences and criminal charges), civil disputes (like debt recovery and compensation claims), and administrative services (like copying documents).\n\n**Key points:**\n\n- **Three fee tiers** apply in civil cases:\n  - **Corporate fee payers** (businesses and large organisations) pay the highest fees\n  - **Standard fee payers** (individuals, small businesses under $200k turnover, charities, and deceased estates) pay medium fees\n  - **Concession fee payers** (people with a health care card) pay the lowest fees\n\n- **Free access** for:\n  - Family violence and personal safety intervention order cases\n  - Maintenance proceedings\n  - Children under 18, prisoners, and people with legal aid or pro bono representation\n  - Police and certain government officers in criminal matters\n\n- **Special rules**:\n  - Wage theft claims in the Industrial Division have capped fees (much lower than standard civil fees)\n  - Cases transferred from VCAT (the tribunal) keep VCAT's fee structure, not Magistrates' Court fees\n  - Hearing fees are charged per day after the first day\n  - Multiple parties pay one fee based on the highest fee tier among them\n\n- **Fee units**: Fees are set in \"fee units\" (a dollar amount set by the Treasurer annually—$15.29 per unit in 2022–23). This means fees automatically adjust for inflation without needing new laws.\n\n- **Transitional relief**: Until March 2024 (or earlier if the Minister decides), everyone pays standard fee payer rates regardless of their actual category, and concession rates for wage claims were temporarily higher (10 units instead of 5).\n\nThe Regulations replace the 2012 version and aim to make court access fairer by charging businesses more while protecting vulnerable litigants."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Regulations replace the 2012 fees instrument (reg 4) but do not expand the Court's core mandate; they continue to prescribe fees for criminal, civil and administrative matters. The practical scope is updated: new payer categories and differentiated rates (reg 5 definitions; reg 9 & Schedule 1), explicit VCAT‑parity for s.57B matters (reg 11), special treatment for unpaid wage claims (reg 12) and transitional arrangements (reg 20). These are refinements to fee structure and administration rather than a change in the instrument's fundamental purpose."},"complexity_factors":["Layered fee schedule with multiple jurisdictions and payer categories (Schedule 1; regs 8–10) increases arithmetic and eligibility complexity","Exemptions and waivers across criminal, civil and VCAT‑related matters (regs 6, 7, 11, 12, 18) create many carve-outs to standard charging rules","Payment allocation and timing rules specify which party pays in different circumstances (regs 13–17), adding procedural complexity","Proof and status-establishment requirement for fee types, plus registrar discretion to reinstate fees (reg 19(2)–(4)) creates compliance and verification burden","Transitional arrangements temporarily alter fee treatment until a specified date (reg 20), requiring systems to track temporal rules","Fees expressed in fee units require periodic conversion to dollar amounts under the Monetary Units Act (endnotes—Fee Units), adding calculation and indexing steps","Interaction with other statutes and tribunals (Magistrates' Court Act 1989 authorising provision reg 2; VCAT Act reg 11; other Acts referenced in regs) raises cross‑instrument interpretation needs","Different fee scales for multiple parties and aggregated requests (reg 16) create edge cases for fee application"],"plain_english_summary":"These Regulations set the fees charged by the Magistrates' Court of Victoria and replace the 2012 fee rules. They prescribe separate fee schedules for criminal, civil and administrative matters and set different rates for corporate, standard and concession payers (Schedule 1; regs 4, 8–10).\n\nThey also set who must pay and when (regs 13–17), list exemptions and waivers (regs 6–7, 11, 12, 18), require evidence of fee status (reg 19) and create a transitional period for fee treatment (reg 20). The instrument determines direct costs to litigants and administrative discretion over charging or waiving fees."},"issue_detection":{"absurdities":[],"contradictions":[{"severity":"high","section_a":"regulation 9(3)","section_b":"regulation 9(4)","confidence":0.99,"description":"Under regulation 5, a natural person holding a current health care card is both a concession fee payer and a standard fee payer because the standard definition does not exclude concession fee payers. Regulations 9(3) and 9(4) consequently prescribe the different Column 4 and Column 5 fees for the same payer and item.","source_quotes":["***concession fee payer*** means a person who holds a current health care card within the meaning of the Social Security Act 1991 of the Commonwealth at the time a fee is payable;","***standard fee payer*** means—\n\n(a) a natural person other than a natural person acting in the capacity of a statutory office holder;","(3) For a standard fee payer, the fee for an item specified in Column 2 of Part 2 of Schedule 1 is the corresponding fee in Column 4 of that Part.\n\n(4) For a concession fee payer, the fee for an item specified in Column 2 of Part 2 of Schedule 1 is the corresponding fee in Column 5 of that Part."]},{"severity":"high","section_a":"regulation 12(2)(a)","section_b":"regulation 12(2)(b)","confidence":0.99,"description":"The overlapping regulation 5 definitions mean a natural-person concession fee payer is also a standard fee payer. Regulation 12(2) therefore prescribes both 10 fee units under paragraph (a) and 5 fee units under paragraph (b) for that payer's commencement of an unpaid-wages proceeding. Regulation 20(2) resolves this only during the transitional period.","source_quotes":["***concession fee payer*** means a person who holds a current health care card within the meaning of the Social Security Act 1991 of the Commonwealth at the time a fee is payable;","***standard fee payer*** means—\n\n(a) a natural person other than a natural person acting in the capacity of a statutory office holder;","(a) 10 fee units for a standard fee payer; or\n\n(b) 5 fee units for a concession fee payer."]},{"severity":"high","section_a":"regulation 19(3)(a)","section_b":"regulation 19(3)(b)","confidence":0.98,"description":"Evidence from a natural-person concession fee payer can establish both standard and concession status under regulation 5. Regulation 19(3)(a) then imposes the applicable Column 4 standard fee while regulation 19(3)(b) imposes the different Column 5 concession fee.","source_quotes":["***concession fee payer*** means a person who holds a current health care card within the meaning of the Social Security Act 1991 of the Commonwealth at the time a fee is payable;","***standard fee payer*** means—\n\n(a) a natural person other than a natural person acting in the capacity of a statutory office holder;","(a) establishes the fee payer's status as a standard fee payer, the fee payer is liable to pay the applicable standard fee specified in Column 4 of Part 2 of Schedule 1; or\n\n(b) establishes the fee payer's status as a concession fee payer, the fee payer is liable to pay the applicable concession fee"]}]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, this appears to be a straightforward remake or update of existing fees regulations. The scope remains consistent with its original administrative purpose: prescribing court fees for the Magistrates' Court. No evidence of scope expansion or unintended broadening is apparent from the metadata provided."},"complexity_factors":["The document provided is heavily truncated and repetitive, containing mostly metadata and version history rather than substantive legislative content","Fee regulations are generally straightforward in structure — they consist largely of schedules (tables) linking specific actions to dollar amounts","Cross-referencing with the parent Act (Magistrates' Court Act 1989) may be needed to understand fee waiver provisions and exemptions","Fee structures can involve tiered amounts depending on claim value or party type (e.g., individual vs. corporation), adding modest complexity","Limited complexity due to narrow, administrative subject matter — this is not a broadly interpretive or rights-based instrument"],"plain_english_summary":"This regulation sets the official fee schedule for using the Victorian Magistrates’ Court — determining what people and lawyers must pay to file documents, start or respond to everyday civil and criminal matters, and access court services. \n\nIt affects anyone participating in Magistrates’ Court proceedings and matters because these upfront fees can affect access to justice; fee waivers for financial hardship may be available under the parent law."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-fees-regulations-2022","history":"/api/acts/magistrates-court-fees-regulations-2022/history","analysis":"/api/acts/magistrates-court-fees-regulations-2022/analysis","conflicts":"/api/acts/magistrates-court-fees-regulations-2022/conflicts","importantCases":"/api/acts/magistrates-court-fees-regulations-2022/important-cases","documents":"/api/acts/magistrates-court-fees-regulations-2022/documents"}}