{"id":"supreme-court-regulations-2018","name":"Supreme Court Regulations 2018","slug":"supreme-court-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237649,"registerId":"sa-supreme-court-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Supreme Court Regulations 2018","content":"South Australia\nSupreme Court Regulations 2018\nunder the Supreme Court Act 1935\n\nContents\n1\tShort title\n3\tInterpretation\n4\tDefinition of prescribed court (section 39)\n5\tFees in general jurisdiction\n6\tFees in probate jurisdiction\n7\tExemption for government agencies from certain fees\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Supreme Court Regulations 2018.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Supreme Court Act 1935;\nCrown means the Crown in right of this State;\ngovernment agency includes—\n\t(a)\ta Minister, instrumentality or agency of the Crown; or\n\t(b)\ta body or person subject to control or direction by the Governor, a Minister of the Crown or other instrumentality or agency of the Crown; or\n\t(c)\tSouth Australia Police; or\n\t(d)\tthe National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (South Australia);\ngross value, of a deceased estate, means the value of the estate without deduction for debts, encumbrances or funeral expenses as disclosed to the Registrar in accordance with the rules of court made under the Act;\nRegistrar means a person holding, or acting in, the office of—\n\t(a)\tthe Registrar of the Court in its general jurisdiction; or\n\t(b)\tthe Registrar of Probates,\nas the case requires.\n4—Definition of prescribed court (section 39)\nFor the purposes of paragraph (d) of the definition of prescribed court in section 39(6) of the Act, the following tribunals are prescribed:\n\t(a)\tLegal Practitioners Disciplinary Tribunal;\n\t(b)\tSouth Australian Civil and Administrative Tribunal.\n5—Fees in general jurisdiction\n\t(1)\tThe fees payable for proceedings in the Court's general jurisdiction are—\n\t(a)\tthe fees prescribed for the purposes of the Act; and\n\t(b)\tin addition, any costs reasonably incurred in the execution of process.\nExamples—\n\t(a)\tsums expended in attending the discharge of a ship or goods;\n\t(b)\tsums paid to a shipkeeper;\n\t(c)\tsums paid for the safe custody of property;\n\t(d)\ttravelling expenses;\n\t(e)\tnecessary meals;\n\t(f)\tsums paid to engage assistants;\n\t(g)\tpostage, telephone calls;\n\t(h)\tfees paid to auctioneers or appraisers.\n\t(2)\tThe following provisions apply to the fees prescribed for setting a date for trial in the general jurisdiction:\n\t(a)\texcept where the Court or a registrar directs otherwise, the fee—\n\t(i)\tis payable by the applicant; and\n\t(ii)\tmust be paid within the period of 14 days after the day on which the trial date is set;\n\t(b)\tthe trial will not proceed on the day set for that purpose unless the fee has been paid in accordance with paragraph (a).\n\t(3)\tThe following provisions apply to the prescribed trial fees for each day or part of a day on which the trial is heard by the Court in the general jurisdiction:\n\t(a)\tthe fee for a trial is the prescribed fee as in force on the day on which the trial commences;\n\t(b)\tthe fee is not payable for the first day of trial if the fee prescribed for setting a date for trial in the general jurisdiction has been paid;\n\t(c)\tsubject to paragraph (d), the fee is payable by the applicant in the proceedings;\n\t(d)\tif the Court or a registrar so directs, the fee is payable by another party to the proceeding or by the parties to the proceeding in the proportions directed.\n\t(4)\tThe Registrar may require a party to a proceeding to pay a deposit on account of any amount to which the party may become liable under these regulations.\n\t(6)\tSection 15 of the Crown Proceedings Act 1992 makes provision in relation to the Crown's liability for fees and charges in civil proceedings.\n6—Fees in probate jurisdiction\n\t(3)\tIf, after a prescribed application has been lodged in respect of a deceased estate, the Registrar determines, on further inquiry, that the gross value of the estate is other than disclosed at the time of the application, the Registrar must—\n\t(a)\twhere the gross value of the estate is less than originally disclosed—refund to the applicant an amount equal to the difference between the application fee charged and the fee that would have been charged had the original gross value disclosed been accurate; or\n\t(b)\twhere the gross value of the estate is more than originally disclosed—require the applicant to pay an amount equal to the difference between the application fee charged and the fee that would have been charged had the original gross value disclosed been accurate.\n\t(4)\tIn this regulation—\nadministration has the same meaning as in section 3 of the Succession Act 2023;\nprescribed application means—\n\t(a)\tan application for a grant of probate or administration in respect of a deceased estate; or\n\t(b)\tan application for the registration or the sealing of a grant under section 57 of the Succession Act 2023 in respect of a deceased estate; or\n\t(c)\tan application for an order under section 9 of the Public Trustee Act 1995 in respect of a deceased estate;\nprobate has the same meaning as in section 3 of the Succession Act 2023.\n7—Exemption for government agencies from certain fees\n\t(1)\tA government agency is not required to pay any fee or charge—\n\t(a)\tfor obtaining a transcript of any proceedings in the Court's criminal jurisdiction; or\n\t(b)\tfor obtaining a copy of evidence in any such proceedings to which it is a party.\n\t(2)\tAny costs to which a government agency is entitled will be calculated as if the government agency were liable to pay, and had in fact paid, fees and charges from which it is exempt under subregulation (1).\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Supreme Court Regulations 2018 revoked the following:\nSupreme Court Regulations 2005\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2018\n32\nGazette 13.2.2018 p748 \n13.2.2018: r 2\n2018\n85\nGazette 21.6.2018 p2205\n1.7.2018: r 2\n2018\n225\nGazette 8.11.2018 p3943\n26.11.2018: r 2\n2019\n100\nGazette 13.6.2019 p1937\n1.7.2019: r 2\n2019\n184\nGazette 27.6.2019 p2577\n1.7.2019 immediately after 100/2019: r 2\n2020\n29\nGazette 2.4.2020 p633\n27.4.2020: r 2\n2020\n128\nGazette 4.6.2020 p2963\n1.7.2020: r 2\n2025\n47\nGazette 26.6.2025 p2097\n26.6.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 3\n\n\ncorporation\ndeleted by 128/2020 r 4(1)\n1.7.2020\nElectronic System\ninserted by 29/2020 r 4(1)\n27.4.2020\n\ndeleted by 128/2020 r 4(2)\n1.7.2020\nnot-for-profit organisation\ndeleted by 128/2020 r 4(3)\n1.7.2020\nprescribed corporation\ndeleted by 128/2020 r 4(4)\n1.7.2020\nRegistrar\nvaried by 29/2020 r 4(2)\n27.4.2020\nsmall business\ndeleted by 128/2020 r 4(5)\n1.7.2020\nsubsidiary\ndeleted by 128/2020 r 4(6)\n1.7.2020\nr 5\n\n\nr 5(1)\nvaried by 29/2020 r 5(1)\n27.4.2020\n\nvaried by 128/2020 r 5(1)\n1.7.2020\nr 5(2)\nvaried by 29/2020 r 5(2)—(4)\n27.4.2020\n\nvaried by 128/2020 r 5(2)\n1.7.2020\nr 5(3)\nvaried by 29/2020 r 5(5)—(9)\n27.4.2020\n\nvaried by 128/2020 r 5(3)—(5)\n1.7.2020\nr 5(4)\nvaried by 29/2020 r 5(10)\n27.4.2020\nr 5(5)\ndeleted by 128/2020 r 5(6)\n1.7.2020\nr 6\n\n\nr 6(1)\nvaried by 29/2020 r 6\n27.4.2020\n\ndeleted by 128/2020 r 6(1)\n1.7.2020\nr 6(2)\ndeleted by 128/2020 r 6(1)\n1.7.2020\nr 6(3)\nvaried by 128/2020 r 6(2)\n1.7.2020\nr 6(4)\ninserted by 128/2020 r 6(3)\n1.7.2020\nadministration\ninserted by 47/2025 r 3(1)\n26.6.2025\nprescribed application\namended by 47/2025 r 3(2)\n26.6.2025\nprobate\ninserted by 47/2025 r 3(3)\n26.6.2025\nr 7\n\n\nr 7(1)\nvaried by 29/2020 r 7\n27.4.2020\nSch 1\nsubstituted by 85/2018 r 4\n1.7.2018\n\nsubstituted by 100/2019 r 4\n1.7.2019\n\nvaried by 184/2019 r 4\n1.7.2019\n\nsubstituted by 29/2020 r 8\n27.4.2020\n\ndeleted by 128/2020 r 7\n1.7.2020\nSch 2\nsubstituted by 85/2018 r 4\n1.7.2018\n\nvaried by 225/2018 r 4(1)—(4)\n26.11.2018\n\nsubstituted by 100/2019 r 4\n1.7.2019\n\nvaried by 29/2020 r 9(1), (2)\n27.4.2020\n\ndeleted by 128/2020 r 7\n1.7.2020\nSch 3\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nHistorical versions\n1.7.2018\n\n26.11.2018\n\n1.7.2019\n\n27.4.2020\n\n1.7.2020\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2018 regulations appear to have been broader, containing detailed fee schedules (Schedules 1 and 2) and provisions for corporations, not-for-profits, small businesses, and electronic systems. These were deleted by Regulation 128/2020, significantly narrowing the scope to core fee-setting and probate matters. The current version is a stripped-back shadow of its original form, with the detailed fee tables now presumably located elsewhere (likely in court rules or practice directions)."},"complexity_factors":["Short instrument — only 7 substantive regulations plus interpretation","Minimal defined terms — only 6 definitions in regulation 3, plus 3 local definitions in regulation 6","Straightforward conditional logic — mostly simple 'if X then Y' structures without deep nesting","Limited cross-referencing — references to Supreme Court Act 1935, Succession Act 2023, Crown Proceedings Act 1992, and Heavy Vehicle National Law, but no complex interlocking provisions","No exceptions to exceptions — fee rules are direct with clear exemptions","Missing provisions — regulation 2 and regulation 5(5) are omitted/deleted, and regulation 6(1)-(2) were deleted, leaving gaps in numbering that could confuse","Legislative history table is extensive but mechanical — doesn't affect operational complexity"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for **fees and charges** in South Australia's Supreme Court. They cover two main areas:\n\n- **General jurisdiction** (ordinary civil and criminal cases)\n- **Probate jurisdiction** (dealing with deceased estates and wills)\n\n**Who it affects:**\n\n- **Anyone using the Supreme Court** — litigants, lawyers, and parties to proceedings\n- **Government agencies** — which get special exemptions from certain fees\n- **Executors and administrators** of deceased estates applying for probate or letters of administration\n\n**Key things it covers:**\n\n- **Court fees** — what you must pay to file documents, set trial dates, and run trials\n- **Additional costs** — expenses like travel, postage, auctioneer fees, and property storage that can be charged on top of standard fees\n- **Trial fees** — specific rules about who pays, when they must be paid (within 14 days of setting a trial date), and that trials won't go ahead if fees aren't paid\n- **Probate fee adjustments** — if the value of a deceased estate was initially misstated, the Registrar can require extra payment or issue refunds\n- **Fee exemptions** — government agencies don't pay for criminal transcripts or copies of evidence\n\n**Why it matters:**\n\nThis is essentially the **price list and payment rules** for accessing South Australia's highest court. It determines how much justice costs, when you have to pay, and what happens if you don't. The regulations also ensure government agencies aren't charged for certain criminal proceedings, while maintaining that they can still claim costs from others as if they had paid."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the Supreme Court Regulations 2018 changed from original intent, as no legislative text was successfully retrieved. The source URL returned a 'Page Not Found' error."},"complexity_factors":["No substantive legislative text was provided — only a website error page was returned","Cannot assess complexity of the actual regulations without access to their content","Score of 1 reflects the simplicity of the error page itself, not the underlying legislation"],"plain_english_summary":"The link you provided to the Supreme Court Regulations 2018 (SA) failed to load and returned a “Page Not Found” error, likely because the site was updated on 24 March 2026 and the hyperlink is now broken. Because the regulations’ text couldn’t be retrieved, no analysis can be done here; if you need the instrument, search legislation.sa.gov.au or check the Courts Administration Authority site for current rules, fees, and forms."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations' scope has been modified since original promulgation. The legislative-history notes show deletions and variations to definitions and fee provisions (for example, multiple deletions and variations recorded under 'Provisions varied' including r3, r5 and r6 across 2018–2020), removal of Schedules, and later insertions/amendments to probate-related definitions in 2025 (see entries for 128/2020, 29/2020 and 47/2025). These changes altered who is captured by exemptions and how fees and probate terms are calculated."},"complexity_factors":["Cross-references to other statutes and instruments create interpretive links (see r5(6) — Crown Proceedings Act 1992; r6(4) — Succession Act 2023 and Public Trustee Act 1995).","Discretion for the Court or a registrar to direct who pays trial-setting and per-day trial fees (see r5(2)(a), r5(3)(c)–(d)).","Fee adjustments in probate based on the Registrar’s subsequent inquiry into an estate’s declared gross value (see r6(3)).","Government-agency exemption for criminal-jurisdiction transcripts/copies combined with a rule that costs are calculated as if the agency had paid (see r7(1)–(2); definition of government agency in r3).","Broad recoverable 'costs reasonably incurred' in general jurisdiction plus non-exhaustive examples (see r5(1)(b) and accompanying examples).","Registrar power to require deposits on account of prospective liabilities (see r5(4)).","Multiple definitions and technical terms (Crown, government agency, gross value, Registrar, prescribed application) affect application and require cross-checking (see r3; r6(4)).","Extensive amendment history and deletions of earlier provisions and schedules, increasing complexity for users tracking the current scope (see Legislative history and 'Provisions varied' entries)."],"plain_english_summary":"These regulations set the fees and rules for proceedings in the Supreme Court of South Australia. They establish what fees are payable in general and probate matters, allocate who normally pays (applicants unless the Court or registrar directs otherwise), allow registrars to require deposits and to adjust probate fees to an estate’s declared gross value, and exempt government agencies from certain transcript/evidence fees while treating costs as if they had paid. The instrument therefore assigns monetary burdens and creates procedural discretion in fee recovery."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-regulations-2018","history":"/api/acts/supreme-court-regulations-2018/history","analysis":"/api/acts/supreme-court-regulations-2018/analysis","conflicts":"/api/acts/supreme-court-regulations-2018/conflicts","importantCases":"/api/acts/supreme-court-regulations-2018/important-cases","documents":"/api/acts/supreme-court-regulations-2018/documents"}}